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?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
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.
Here is the official text from Maryland state laws:
(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.
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:
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.
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.
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.
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.
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.
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.
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