Is Delta-8 THC Legal in Maine?

By | Updated on April 11, 2023

Evidence Based 4

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Hemp and hemp-derived products like delta 8 are allowed in Maine. You can easily buy delta-8 THC online or from physical stores. Read on for a closer look at delta 8 legality in the Pine Tree State.


Delta-8 THC is legal in Maine because the state aligns with federal policy by allowing all hemp-derived products.

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Maine Delta-8 THC Laws

Delta 8 is fully legal in Maine. That’s because hemp products are legal in the state and the only major requirement is that they’re labeled properly

Maine also legalized adult-use cannabis in 2017. But hemp products are excluded from the definition of marijuana:

“Marijuana” means the leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. “Marijuana” includes marijuana concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D…

Maine Marijuana Legalization Act

That means hemp-derived delta 8 products are not subject to the strict testing, labeling, and other regulations placed on recreational cannabis. 

What is Delta-8 THC?

Delta 8 is short for delta-8-tetrahydrocannabinol. It’s one of several forms of THC, the cannabis compound responsible for making you high. 

Delta 8 concentrations in cannabis plants are very low, which is why it’s usually made from hemp-derived CBD.

Delta 8 is weaker than delta 9, the most common form of THC found in cannabis plants (1). But it can still get you high and cause other effects were associated with cannabis, like euphoria and sleepiness.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp and hemp products on the national level. It defines hemp as cannabis with greater than 0.3% delta-9 THC. Since delta 8 is a different cannabinoid, it’s not subject to this limit.

Thanks to this loophole, hemp-derived delta 8 THC is federally legal. Most manufacturers use a simple chemical reaction to make delta-8 THC out of CBD, the most abundant cannabinoid in hemp.

States Where Delta-8 THC is Illegal

Every state can regulate delta 8 as they see fit.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Maine

Delta 8 is likely to stay legal in Maine for the foreseeable future. 

The only possible change is that state lawmakers may decide to regulate it in the same way as adult-use cannabis. If that happens, you’ll only be able to buy delta 8 from licensed dispensaries.

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