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January 11, 2023
Delta 8

Is Delta-8 Legal in Maryland?

As of 2021, you can already buy legal THC gummies and other goodies in Maryland. In fact, thanks to state and federal law, hemp-derived delta-8 THC is legal in the state of Maryland.

  • Hemp-derived delta-8 is legal in Maryland.
  • You can possess, distribute, use, sell, and produce delta-8 cannabis products legally.
  • Other delta-9 isomers such as HHC, THC-O, and delta-10 THC have the same legal status, as long as they are derived from legal hemp plants.
  • Hemp-derived cannabinoids like cannabidiol (also called CBD) are legal in Maryland.
  • Maryland has a legal medical marijuana program.
  • Recreational adult-use marijuana is finally legal in Maryland, but it is not officially available until the middle of 2023.

What Is Delta-8 THC?

The Cannabis sativa plant produces many cannabinoids naturally, and delta-8 tetrahydrocannabinol (THC) is one of them. Delta-8 THC and classic delta-9 tetrahydrocannabinol or delta-9 THC, the most abundant cannabinoid found in the cannabis plant, are structurally similar. This is why both cannabinoids are known to produce relaxing, happy, “high” feelings.

Delta-8 THC occurs only in trace amounts, however, in the industrial hemp plant. For this reason, most brands start with CBD and convert it to delta-8 THC in a process in a lab.

Although both cannabinoids have carbon atom chains, unlike delta-9 which has a double bond on the ninth carbon, delta-8 has it on the eighth carbon. This double bond produces those milder yet still intoxicating or “high” effects.

Delta-8 THC produces lighter psychoactive effects and less of the usual cannabis side effects because it is a delta-9 THC isomer. While delta-8 and delta-9 THC are similar, Most standard cannabis carries an abundance of delta-9 THC.

Is Delta-8 THC Legal in Maryland?

Yes, thanks to the Farm Bill, the legality of delta-8 THC products has changed under both Maryland state and federal law and now hemp-derived products are all legal.

For hemp-derived delta-8 THC to be legal, source hemp plants must include less than 0.3% dry weight THC. Cannabis plants with over 0.3% THC are considered controlled substances and illegal by state and federal governments.

Maryland cannabis laws take the shape of Maryland House Bill 1123, chapter 228, and now the recent recreational initiative.

The medical marijuana law was approved on May 29, 2022, and enacted on July 1, 2022. This brought the medical cannabis law in line with federal law and the 2018 Agriculture Improvement Act (also called the Farm Bill). It also allowed Maryland law to make not just delta-8 but all other cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal.

The law also removed hemp-derived tetrahydrocannabinols from the state’s list of schedule I controlled dangerous substances (in Maryland this is subtitle I). This means that hemp-derived products that contain no more than 0.3% delta 9 THC, including products with tetrahydrocannabinols like D8, are legal.

What About Medical Marijuana?

Yes, it’s legal. In Maryland, House Bill 1123 also (obviously!) regulates medical cannabis and establishes a task force and the Natalie M. LaPrade Maryland Medical Cannabis Commission. Agriculture Article 14-101 refers to legal hemp as Cannabis sativa, which must contain less than 0.3% delta-9 THC.

What About Recreational Cannabis?

Yes! In Maryland, adult-use or recreational marijuana was legalized in November 2023. However, recreational weed won’t be on shelves in Maryland until summer 2023.

Before this time, possession of less than 10 grams for personal, recreational use was decriminalized.

What Types of Delta-8 Products are Legal in Maryland?

The range of delta-8 products that exist on the market are similar to CBD products. They include delta-8 gummies, distillate, beverages and other edibles, tinctures, vape carts, and more. Their THC content varies, although most high-quality products will provide details and proof that they are third-party lab-tested.

Of course, like other natural supplements, delta 8 THC products are not regulated by the US Food and Drug Administration (FDA). Become a label reader!

Remember, right now under Maryland state laws, you can buy third-party tested delta-8 THC products derived from federally compliant hemp plants with less than 0.3% THC on a dry weight basis.

Where to Buy Delta-8 THC Products in Maryland?

You can buy delta-8 THC online and in brick-and-mortar dispensaries and retailers across Maryland. There are obviously plenty of options in big cities like Baltimore. And starting in 2023 there may be many new options—at least for standard delta-9 THC.

But especially if you’re looking for high-quality hemp products, we always recommend buying online. These vendors offer more rigorous standards, higher quality, and the best delta products overall.

Legal disclaimer: This product may cause you to fail a THC drug test. The Food and Drug Administration (FDA) has not evaluated these statements. All products contain less than 0.3% Δ9THC. Do not take if pregnant or nursing. This product is not intended to diagnose, cure, treat, or prevent any illness or disease. Always check with a healthcare provider before consuming new products. Keep out of reach of children.