February 19, 2021 5 min read

Delta-8-THC, a hemp-derived cannabinoid, has been quickly gaining popularity for its mild psychoactive effects. It’s legal according to state laws, but is Delta-8-THC legal in Maryland?

According to state laws, it seems to be so! Maryland has legalized all parts of the hemp plant, including its cannabinoids isomers, and other extracts. This means that Delta-8-THC may be legal and accessible in Maryland.

Before you buy Delta-8-THC in Maryland, here’s what you need to know about Maryland’s Delta-8 laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Maryland Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Maryland?
Delta-8-THC Possession Limits in Maryland
Is Delta-9-THC Legal in Maryland?
Where to Buy Delta-8 in Maryland
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Maryland has legalized all hemp derivatives, cannabinoids, isomers, and other extracts, including Delta-8-THC. The state’s legislation also clarifies the difference between hemp products and marijuana, making Delta-8 incredibly accessible in the state.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Maryland, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Maryland Delta 8 THC Laws

Maryland was one of the states to quickly update hemp legislation (and legalize CBD and other cannabinoids) after the 2018 Farm Bill passed into law. The state’s new legislation aligned with the federal definition for hemp—any cannabis sativa material with less than 0.3% Delta-9-THC by dry weight.

The state’s definition for legal hemp specifically included all extracts, derivatives, cannabinoids, isomers, salts, and salts of isomers. That means that Delta-8-THC, which exists as a hemp isomer, is legal in Maryland.

This is a similar tactic used by nearby states where Delta-8-THC is legal, like Pennsylvania and Virginia.

Here is the official text from Maryland state laws:

HOUSE BILL 1123. CHAPTER 228 - AGRICULTURE – HEMP RESEARCH AND PRODUCTION

(r) (2) “Marijuana” does not include:

(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis] HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE ARTICLE

14–101. SUBTITLE 1. DEFINITIONS.

(c) (1)“HEMP” means the plant Cannabis sativa L. and any part of THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.

TITLE 5 - CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES. SUBTITLE 4 - SCHEDULES

Section 5-402 – Schedule I.

(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(vii) marijuana;

(xii) tetrahydrocannabinol;

Two flowering hemp plants, the primary source of legal Delta-8 productsIs Delta-8 a Controlled Substance in Maryland?

No. Maryland’s legislation specifically clarifies the difference in “marijuana” and hemp material, which it defines as “the plant Cannabis sativa L. and any part of THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.”

By definition, Delta-8-THC (when derived from hemp) is not a controlled substance in the state.

Delta 8 THC Possession Limits in Maryland

Maryland does not define any possession limits for hemp material, like Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Maryland?

Maryland signed HB 881 into law in 2014, a bill that organized the Maryland Medical Cannabis Commission in which qualifying patients can access medical cannabis at state-licensed dispensaries.

Cannabis is legal for medical use in Maryland, but has not yet been legalized for adult use.

Where to Buy Delta 8 in Maryland?

A selection of Delta-8 vapes, a type of Delta-8 product that can be purchased in Maryland.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. That means you’re in luck if you’re looking to buy Delta-8-THC in Maryland. In fact, Delta-8 products are widely available in the area and most nearby states (save for Delaware) have legalized Delta-8, too.

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Maryland?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Maryland according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “House Bill 1123” http://mgaleg.maryland.gov/2019RS/Chapters_noln/CH_228_hb1123e.pdf
  5. “CRIMINAL LAW TITLE 5. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS” https://dhs.maryland.gov/documents/Licensing-and-Monitoring/Maryland%20Law%20Articles/RCC/CRIMINAL%20LAW%20Article%20Title%205.pdf
  6. “House Bill 1101” http://mgaleg.maryland.gov/2013RS/Chapters_noln/CH_403_hb1101t.pdf

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