Is Delta-8 THC Legal in Maryland? (Oct. 2023 Update)

By | Updated on October 18, 2023

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Although Maryland forbade the sale delta-8 THC as part of its cannabis legalization law, a state judge blocked the ban. As such, delta-8 THC remains legal in the state. Keep reading for a closer look at the laws and where they might go in the future.


Delta-8 THC is legal in Maryland for adults over 21.

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Maryland Delta-8 THC Laws

Maryland legalized recreational cannabis effective July 1, 2023. That same law, called the Cannabis Reform Act, prohibits vendors from selling delta-8 THC and other hemp-derived high-THC products.

However, Maryland Circuit Court judge Brett R. Wilson suspended this ban in October 2023. The ruling came after the Maryland Hemp Coalition, an organization of local hemp businesses, sued the state. As such, delta-8 THC remains legal in Maryland.

Another thing to keep in mind is that any THC (including delta-8) is restricted to adults 21 and over.

What is Delta-8 THC?

Short for delta-8-tetrahydrocannabinol, delta 8 is a form of THC, the cannabis compound that gets you high. It’s different from delta 9 THC, which is what most people are referring to when they say THC.

Delta 8 is about 33% weaker than delta 9 (1). It’s also produced in much smaller quantities by cannabis plants but can be synthesized chemically from CBD.

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill federally legalized hemp products. But it also created a loophole that allows for hemp-derived delta 8 THC. 

That’s because the bill defines hemp products as cannabis with no more than 0.3% delta 9 THC, with no limit on delta 8 levels.

Delta 8 sold on the market is made through a chemical process from CBD, the most abundant cannabinoid in hemp. 

States Where Delta-8 THC is Illegal

Each state can make its own laws and regulations for delta 8.

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 Maryland

It’s tough to say what will happen to delta 8 in Maryland in the future. The only similar examples we have are Texas and Arkansas, where local judges also ordered injunctions to prevent a state ban on delta-8 THC. In Texas, this injunction has been active for two years.

So it’s possible that the Maryland injunction will stay in place for a long time, perhaps long enough for delta-8 to be moved into the regulated cannabis market. We’ll have to wait and see.

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