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Is Delta 8 Legal in Maryland

Explore if delta 8 is legal in Maryland, the state laws and regulations, consumer guidelines, comparison with other states and more in this detailed guide.

Delta 8's popularity is on the rise, but with it comes increasing criticism. While delta 8 is federally legal, several states have chosen to restrict or ban it. So, what is the status of delta 8 in Maryland?

Is Delta 8 Legal in Maryland?

Before diving into Maryland’s delta 8 laws, it's essential to understand the federal law that paved the way for hemp-derived cannabinoids: the Farm Bill, or Agriculture Improvement Act, of 2018. This legislation legalized hemp and its derivatives, including delta 8.

The Impact of the 2018 Farm Bill

The Farm Bill's primary impact was the full legalization of hemp. The law established a legal distinction between hemp and marijuana, legalizing hemp (cannabis with less than 0.3% THC) while keeping marijuana (cannabis with more than 0.3% THC) illegal. Despite their scientific similarities, this distinction meant that while hemp and its derivatives became legal, marijuana remained a Schedule I controlled substance.

The Biden administration has expressed interest in revisiting marijuana's classification, potentially leading to more accessible marijuana legislation in the future. The administration also announced plans to pardon federal offenses for simple marijuana possession and encouraged states to do the same.

Is Delta 8 Legal in Maryland

Maryland's Legislation on Delta 8

Maryland quickly updated its hemp laws following the 2018 Farm Bill. House Bill 1123 aligned state law with federal definitions, legalizing cannabis material with less than 0.3% THC by dry weight. This legislation included all extracts, derivatives, cannabinoids, isomers, and salts of isomers, making delta 8, a hemp isomer, legal in Maryland.

Delta 8 is not classified as a controlled substance under Maryland law. The state's Title 5 (Controlled Dangerous Substances, Prescriptions, and Other Substances Act) clarifies the distinction between marijuana and hemp, ensuring that delta 8, when derived from hemp and containing less than 0.3% THC, is not a controlled substance.

Recent Legislation and Age Restrictions

In May, Maryland passed Senate Bill 778, which took effect in July. This law designated delta 8 as an adult-use product, meaning it is only available to individuals 21 and older. Delta 8 companies cannot sell or distribute products to anyone under 21. The bill also established a task force to study and recommend regulations for tetrahydrocannabinols other than delta-9.

Possession and Documentation

Maryland does not specify possession limits for hemp products, including delta 8. However, due to the potential for confusion with delta 9 THC, it's advisable to carry lab tests showing the cannabinoid content and proof of legal purchase. While there is no legal requirement for how hemp products should be carried, having this documentation can prevent misunderstandings with authorities.

Shipping Delta 8 Products To & From Maryland

Shipping Delta 8 products to and from Maryland requires careful adherence to both state and federal regulations to ensure legality. In Maryland, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, in compliance with the 2018 Farm Bill. Ensuring compliance with these regulations is crucial for smooth and legal shipping.

Is Delta 8 Legal in Maryland

When shipping Delta 8 products into Maryland, it’s important to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of Maryland, understanding the laws of the destination state is essential to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use reputable carriers experienced in handling hemp products.
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.

Things to Consider Before Buying Delta 8 in Maryland

Before purchasing Delta 8 products in Maryland, it's essential to consider several factors to ensure a safe and legal transaction. Maryland law permits the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Verifying this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.
Is Delta 8 Legal in Maryland

Delta 8 in Maryland vs Other States

The legal status and availability of Delta 8 THC can vary widely across different states. In Maryland, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations differ significantly in other states, making it important for consumers to understand these differences, especially if they travel frequently.

For example, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as Florida and Texas allow Delta 8, but with strict regulations. Additionally, states like New York, California, Illinois, and Nevada have their own specific regulations. Awareness of these legal variations is crucial for consumers who might move or travel across state lines.

State Delta 8 Legal Status Notes
Maryland Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Tennessee Legal Allowed under federal hemp regulations
Washington Legal Regulated, with specific testing and labeling requirements
Kentucky Legal Must comply with federal and state hemp laws

Types of Delta 8 Products in Maryland

Maryland offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vape, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief. Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

Maryland's Growing Cannabis Market: Delta 8 and Medical Marijuana

Maryland has embraced delta 8 and recently legalized recreational cannabis, complementing its medical cannabis program that has been in place since 2014. With approximately 155,600 registered patients as of June 2022, what impact will delta 8 and recreational cannabis have on Maryland's medical cannabis market?

Maryland Medical Cannabis Regulations

In 2014, Maryland enacted House Bill 881, establishing the Maryland Medical Cannabis Commission. This law allowed qualifying patients and their caregivers to access a 30-day supply of up to 120 grams of medical-use cannabis or 36 grams of THC from state-licensed dispensaries. Home cultivation is prohibited. Although the law was passed in 2014, the program became fully operational in 2017 when the first dispensaries opened.

Is Delta 8 Legal in Maryland

Registration Process for Maryland's Medical Cannabis Program

To register for Maryland's medical cannabis program, you must:

  1. Schedule an appointment with a state-approved healthcare provider for certification.
  2. Get diagnosed with a qualifying condition.
  3. Register for an account using your email address.
  4. Provide an electronic copy of a valid government ID. If the ID does not show your current Maryland address, you need two additional documents (e.g., utility or phone bills, bank account statements, rental contracts, government mail) issued by different agencies within the past 90 days.
  5. Submit an electronic copy of a recent, passport-style photograph with an unobstructed face against a plain white background.
  6. Pay a $50 fee to apply and receive your registry ID card.

The Maryland Medical Cannabis Commission will process your application and notify you of acceptance or rejection. Approved patients will receive a temporary electronic ID for immediate dispensary access, followed by a long-term ID card sent by mail.

Qualifying Conditions for Medical Cannabis in Maryland

Eligible conditions include:

  • Chronic or debilitating diseases or medical conditions requiring hospice or palliative care
  • Cachexia, anorexia, or wasting syndrome
  • Chronic or severe pain
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe or persistent muscle spasms
  • Severe nausea

The Commission may also approve other severe conditions unresponsive to other treatments, where medical cannabis use is reasonably expected to provide relief.

Regulations for Underage Patients and Card Expiration

Underage patients must have their parents or legal guardian as a caregiver, who will obtain and administer medical cannabis. Minor patients can have up to four caregivers, with at least two being parents or legal guardians.

Medical marijuana cards issued after January 1, 2019, expire three years from the issue date. Cards issued before that will expire on the date listed on the card. Upon renewal, a new three-year period begins

Delta 8 vs Delta 9 in Maryland

In Maryland, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in Maryland if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in Maryland if derived from hemp Illegal in Maryland above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in Maryland
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in Maryland

Delta 8 products can be found in various places in Maryland, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.


Delta 8 THC offers a legal and accessible option for consumers in Maryland who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in Maryland with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of Maryland?

Yes, Delta 8 is legal throughout Maryland as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to Maryland?

Yes, you can purchase Delta 8 online and have it shipped to Maryland, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in Maryland?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in Maryland.

Are there age restrictions for purchasing Delta 8 in Maryland?

You must be at least 21 years old to purchase Delta 8 products in Maryland.

Can I travel with Delta 8 products within Maryland?

Yes, you can travel with Delta 8 products within Maryland, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in Maryland?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.