Delta 8 is a cannabinoid that has recently become available to the general public. Question is, what is it? It’s a psychoactive cannabinoid similar to Delta 9, which is the main cannabinoid within cannabis that creates the high sense of euphoria that consumers aim for when they take cannabis. There is another question that many ask, is Delta 8 legal if Delta 9 isn’t? And what Delta 8 laws are there in Maryland and across the country.

Farm Bill

Under the Farm Bill passed by the USDA in 2018, Delta 8 is legal on the federal level. Delta 8 is classified as industrial hemp, which is defined as: 

“HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As long as the final product has less than 0.3 percent Delta 9 within it, then it is legal to sell it to the general public. So what makes Delta 8 different from Delta 9? There is a difference between the two Deltas on the molecular level. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. This difference is what makes Delta 8 still have the same psychoactive properties as Delta 9, but on a less potent level. 

But just because Delta 8 is legal on the federal level doesn’t mean that it is legal in every state. 

Maryland State Law

Maryland has adopted the same definition and classification of Delta 8 that was defined in the Farm Bill by the USDA. As long as a product contains less than 0.3 percent of Delta 9 within the final product, then it is legal to produce, sell, and consume amongst the general public. 

Remember that laws are always subject to change. Research laws in your state to make sure that Delta 8 is legal to purchase and consume. Make sure to check back for more cannabis and hemp related news.