Many states are currently updating their laws to regulate Delta-8 THC or have laws on the books addressing this minor cannabinoid. Where does Delta-8 fit in Maryland’s cannabis regulation? Is this cannabinoid legal in the Free State? If so, where to buy high-quality D8 products?
Is It Legal: Maryland Delta-8 Laws
The short and simple answer is YES, hemp-derived Delta-8 is legal in Maryland.
What Is Delta-8?
Delta-8 is a natural cannabinoid present in the hemp plant in tiny amounts — less than 0.1%. This cannabinoid is an analog of Delta-9 THC, which means the two tetrahydrocannabinols have a very similar chemical structure with minor differences. Such differences contribute to the D8’s milder psychotropic potency.
D8 became so popular among consumers because it’s less psychotropic than THC. It exhibits nearly the same benefits but without the strong side effects that typically cause people to steer away from THC. In short, D8 gives a mellow, “clear-headed” high and is highly beneficial for certain conditions.
Where to Buy Delta-8 in Maryland
When it comes to buying hemp-derived cannabinoids, an unspoken rule is to avoid places like gas stations and convenience stores. These places want to sell their products quickly and at a lower price, so they’re unlikely to screen for quality or care about providing lab results. Instead, aim for licensed retail shops that make their products using lab-tested, high-quality hemp materials.
Can I buy D8 products online in Maryland? Of course, Marylanders can find the very best D8 products online. Buying from verified online retailers is an unmatched experience because they offer a huge selection of top-shelf products at lower prices. Online retailers don’t have the costs that come from running a brick-and-mortar store, so they typically offer more discounts and bundles. On top of that, getting your D8 products in the mail is so convenient that you are likely to continue that route once you order them online.
Online retailers make it way easier for you to scan their products (and company) for quality. At Mr. Hemp Flower, you’ll notice that we’re transparent about the origin of our hemp, we include a list of ingredients D8 products contain and make lab results readily available on each product page.
Here are some of the top-sellers we ship to all D8 friendly states:
Continued, Is Delta-8 Legal in Maryland?
Yes, Delta-8 THC is legal in Maryland.
The Free State legalized hemp and all its derivatives, cannabinoids, and hemp isomers containing less than 0.3% THC quickly after the 2018 Farm Bill passed into law. Maryland’s legislation clarifies the difference between marijuana and hemp and excludes hemp and all of its cannabinoids (except for Delta-9 THC) from the state Controlled Substances Act.
Therefore, when derived from marijuana, tetrahydrocannabinols are a controlled substance in this state. This means that Delta-8 derived from hemp is a legal tetrahydrocannabinol, and it’s not considered a controlled substance. Unlike other states, Maryland doesn’t restrict or ban the use of D8 products.
The state doesn’t have any possession limits for hemp CBD. It has yet to regulate D8, but because it falls under the hemp law in the state, there are currently no possession limits in place. However, most retailers require consumers to be at least 21 years of age when they buy D8.
Delta-8 THC and Federal Law
Is Delta-8 legal under federal law? The short answer is yes. And no.
Hemp-derived Delta-8 THC, naturally present in tiny amounts in the hemp plant, is a legal cannabinoid under the 2018 Farm Bill. If extracted from the hemp plant, D8 is completely legal. But, because it’s present in minimal concentrations and would take tons of plant material for extractors to get a decent amount of this compound, they instead create it from hemp-derived CBD through the process of isomerization.
The process of converting Delta-8 THC into CBD is the most significant part of the debate because it raises the question:
Is D8 considered synthetically derived when made from hemp-derived CBD?
Some experts say NO. Others say YES. The Federal Analogue Act (FAA) from 1986 banned the production and sale of synthetically derived tetrahydrocannabinols like Spice and K2. But, many argue that these chemicals are lab produced without the use of any cannabis plant material.
In comparison, D8 is a real tetrahydrocannabinol made from hemp-derived CBD and should be regulated differently. Recently, states like Washington released policy statements that the conversion of CBD into Delta-8 is an illegal practice. In comparison, Florida allowed and included all D8 products under its hemp CBD regulations.
Another argument is the intoxicating nature of Delta-8 THC. Federal approval of hemp and its components primarily came from the plant being recognized as a healthy and nourishing plant. Federal law put a cap on the amount of THC hemp-derived products can have. Delta-8 products are hemp-derived and don’t contain any Delta-9, but are mildly intoxicating, which again, shows their uniqueness.
Finally, the status of CBD and D8 regarding them being labeled “generally recognized as safe” by the FDA is up in the air. Retailers sell their CBD products by avoiding making medical claims or marketing them as food and dietary supplements. For example, California doesn’t allow the sale of food products that contain hemp-derived CBD because they’re not FDA approved.
Hemp-derived Delta-8 is legal under the Hemp Farming Act of 2018. Each state determines its own position on hemp-derived tetrahydrocannabinols. Maryland hasn’t explicitly banned the production, sale, and possession of D8. If you live in the Free State, you can buy a wide range of D8 products online safely and discreetly.
Yes, D8 is still legal to buy in Maryland. The Free State hasn’t banned the use and possession of D8 THC.
You can buy both in local hemp CBD shops or order a wider variety of products online. Buying your D8 online is more convenient and discreet than going to a shop.
Absolutely! Marylanders can order D8 products online legally. State laws are changing quickly and we’re trying our best to keep you updated, so make sure to always check both local and state restrictions on D8.
No, so far, 14 states explicitly ban D8, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Yes, Delta-8 THC is a natural, safe cannabinoid. As a new compound on the market, it’s important to check the origin of the products you’re buying.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.