Looking for a gentler alternative to Delta 9, the primary psychoactive compound in marijuana? Delta 8 offers a smoother, more relaxing experience—and it’s quickly becoming a favorite in The Old Line State. But laws around cannabis and its compounds, like Delta 8, can be confusing, especially at the state level. So, let’s answer the big question: Is Delta 8 legal in Maryland? There are some important rules and safety standards to know before you buy it.
What makes Delta 8 different is that most products that contain it are made from hemp, not marijuana. That’s an important detail because hemp-derived products became legal under federal law in 2018. We’ll break down Maryland’s current laws to help you understand the legal status of hemp-derived Delta 8. By the end, you’ll feel confident making informed decisions about purchasing Delta 8 in The Old Line State. Keep reading to find out if it’s legal—and where to buy it if it is.
Delta-8 THC Laws in the U.S. Explained
Delta 8 THC (Delta 8, D8, or D8 THC) is one of many natural compounds found in the cannabis plant. It’s closely related to Delta 9 THC (Delta 9, D9, D9 THC, or, more commonly known as THC), the primary psychoactive compound in marijuana—the one that gives you that “high” feeling. However, Delta 8 has milder psychoactive effects, which is why many people turn to it for a smoother, more relaxing experience.
What sets Delta 8 apart is that it’s derived from hemp, not marijuana—a key distinction that made it federally legal under the 2018 Farm Bill. But cannabis laws can get confusing fast, especially at the state and local levels. Let’s break down the federal and state-specific rules so you can navigate them with confidence.
The 2018 Farm Bill and Federal Legalization of Hemp-Derived Products
The 2018 Farm Bill changed the legal landscape surrounding hemp by making it legal. Hemp was reclassified as any cannabis plant with at or less than 0.3% THC—legal across the United States. This bill also allowed people to grow cannabis (as long as it’s hemp) and made it possible to sell hemp-derived products that contain cannabinoids like Delta 8 THC.
This Farm Bill opened the door for Delta 8 to be sold in online stores, smoke shops, and health markets in many states. Because it comes from legal hemp, many thought Delta 8 THC was legal everywhere—but it’s not that simple.
State-by-State Variations in Delta 8 THC Legality
Even though Delta 8 is allowed under federal regulation, each state has the power to make its own laws. Some states, like Kentucky, allow it. Others, like California, have banned it completely. Others, like Indiana, created strict rules for who can buy it and how it must be labeled. That’s why Delta 8 is in a legal gray area in some places.
You could legally possess Delta 8 in one state and face criminal penalties in another just for carrying it across state lines. That’s why it’s so important to know your local laws, especially if you’re traveling.
FDA Concerns and Federal Scrutiny of Delta 8 Products
The FDA has raised concerns about how Delta 8 products are made. Some companies don’t follow safety standards, and there have been reports of contaminated and mislabeled products. Because of that, federal agencies are watching Delta 8 more closely.
They’ve asked for better rules to make sure these THC products are safe for the public. Until there’s more federal regulation, it’s up to each state to decide what’s allowed and how. It’s also crucial to buy legal Delta 8 THC products from trusted retailers that prioritize quality, safety, and ethical practices. Luckily, you don’t have to look far—Exhale Wellness offers federally legal, lab-tested Delta 8 THC products you can count on for a premium experience.
Is Delta 8 legal in Maryland?
As of this writing, hemp-derived Delta 8 THC products are legal in Maryland for adults 21 and older. Thanks to updates in Maryland law, the state allows hemp-derived products that meet the rules set by the 2018 Farm Bill.
Two key Maryland laws paved the way for Delta 8 legality, expanding and clarifying Delta 8 regulations in the Old Line State:
- House Bill 1123 (HB1123). Passed in 2019, House Bill 1123 aligned Maryland’s hemp laws with federal law, legalizing all parts of the hemp plant.
- Senate Bill 0788 (SB0788). Passed in 2021, Senate Bill0788 added rules for Delta 8, including a 21-year age limit and other labeling and product safety regulations.
That means you can legally buy and use Delta 8 in Maryland, as long as the product comes from hemp and contains less than 0.3% Delta 9 THC by dry weight.
Delta 8 Laws in Maryland: The Evolution of Cannabis Legislation
Maryland’s journey toward Delta-8 THC legality didn’t happen overnight—in fact, it’s the result of a steady evolution in cannabis legislation, including laws around both marijuana and hemp. Each step, from decriminalization to aligning with federal hemp laws, helped lay the groundwork for the state’s current stance on Delta 8 THC.
2014
Maryland made a major change in 2014 by decriminalizing small amounts of marijuana. This meant people caught with less than 10 grams wouldn’t face jail time—just civil penalties, like a fine. It was one of the first steps toward cannabis reform.
2019
In 2019, House Bill 1123 (HB 1123) officially aligned the state’s hemp laws with federal rules. House Bill 1123 legalized all parts of the hemp plant, including cannabinoids like Delta 8, as long as the THC content stayed under 0.3%. This law opened the door for hemp-derived Delta 8 products to become legal in Maryland.
2021
Then came Senate Bill 0788, which directly addressed Delta 8. The bill added specific regulations to ensure product safety. SB 0788 also stipulated that only people 21 and over could buy Delta 8 products in Maryland. This law made it clear that while Delta 8 was legal, it still needed to be handled carefully.
2022–2025
In recent years, Delta 8 products have remained legal, but some restrictions have been challenged in court. In 2024, a Maryland court order allowed shops to keep selling hemp-derived products, including Delta 8, while the legal challenges continued. For now, consumers can keep buying Delta 8—legally—under Maryland law.
Maryland’s Rules for Cannabis and Delta 8
So, what are the rules around Delta 8 and other cannabis products, like marijuana-derived products, in Maryland? Let’s break down the key regulations every cannabis connoisseur should know before indulging in Delta 8 or anything close to it.
Medical Marijuana Legalization in Maryland
Maryland has a popular medical marijuana program. Registered patients with qualifying medical conditions can get a cannabis license and buy cannabis flower, edibles, oils, and other products from licensed dispensaries. This program may help people who need relief from physical discomfort or other medical conditions.
Decriminalization of Marijuana
As of July 1, 2023, marijuana is fully legal in Maryland for recreational use—marking a major win for cannabis lovers in The Old Line State. Adults 21 and up can legally possess up to 1.5 ounces of cannabis flower, 12 grams of concentrates, and products containing up to 750mg of Delta-9 THC.
If you want to grow your own marijuana, you’re allowed to cultivate up to two plants per household, as long as they’re tucked away from public view. Just a heads up: going over those use and possession limits could lead to civil or criminal penalties, so it’s best to enjoy responsibly within the law.
The 2018 Farm Bill & Delta 8 THC’s Legal Status
Delta 8 is considered legal in Maryland because of its origin. As long as it’s made from hemp that has at or less than 0.3% Delta 9 THC, it fits under the rules of the 2018 Farm Bill and Maryland state law.
The Sale and Availability of Delta 8 Products in Maryland
Today, Delta 8 is sold in many forms across Maryland. You can find Delta 8 edibles, vape pens, oils, and tinctures in smoke shops, wellness stores, and online stores.
The state requires that Delta 8 products follow labeling laws and safety standards. That means products should be clearly marked, tested for quality, and only sold to adults over 21. Thanks to the Maryland court order, stores can continue selling these hemp-derived products while lawmakers finish working out the details.
Delta-8 vs Delta-9
Curious about the difference between Delta 8 and Delta 9? While they’re both THC compounds, they offer totally different effects, potencies, and legal rules—especially in Maryland. Let’s compare and contrast them to see how they stack up.
Source
Both Delta 8 THC and Delta 9 THC come from the cannabis plant, but they come from different sources. Delta 9 is found naturally in higher amounts in marijuana, while Delta 8 is usually made from CBD extracted from legal hemp—this is because Delta 8 is very rare, with less than 1% of a hemp plant containing the elusive cannabinoid. Delta 9 can also be synthesized by converting CBD, just like Delta 8. Both hemp-derived Delta 8 and Delta 9 products are widely available and federally legal under the Farm Bill.
Potency
Delta 9 has stronger euphoric effects than Delta 8. Delta 8 has milder effects, which is why many people choose it for relaxation without feeling overwhelmed. It’s a great choice if you want to feel calm but still stay clear-headed.
Effects
Many consumers report that Delta 8 helps with physical discomfort relief, everyday stress, and better sleep. It works with your body’s endocannabinoid system, just like other cannabis compounds, to produce these benefits. But unlike THC in high doses, it won’t usually leave you feeling anxious or too euphoric.
Legality
Hemp-derived Delta 8 and Delta 9 products are federally legal as long as they do not contain more than 0.3% THC on a dry weight basis. The same applies in the state of Maryland. However, there are some stipulations. Delta 8 is legal in Maryland for adults 21 and older as long as it meets the federal law requirements under the Farm Bill.
Marijuana-derived Delta 9 is illegal at the federal level. However, it’s legal in Maryland if you’re a medical patient or if you’re using recreational marijuana under the state’s adult-use law.
FAQs – Is Delta 8 THC Legal in Maryland?
How Long Does Delta-8 Stay In the Body?
Delta 8 can stay in your system for several days or even weeks, depending on the method of consumption, frequency of use, and body fat percentage. It breaks down into THC metabolites, which can be detected on a drug test, even if you aren’t feeling the effects anymore.
Does Delta-8 Show Up on a Drug Test in Maryland?
Yes, Delta 8 can show up on a drug test. Most drug tests aren’t designed to tell the difference between Delta 8 and THC. If you use Delta 8, it may trigger a false positive result, so be careful if you’re expecting a drug test.
What Happens if You Get Pulled Over With Delta-8 in Maryland?
If you’re 21 or older, you can legally possess Delta 8 in Maryland. But if law enforcement thinks otherwise or you possess amounts beyond the legally allowed amounts, they might question it. Keep products sealed and properly labeled to avoid confusion, and always follow the law.
What Is Delta 8 THC Commonly Used For?
Many people use Delta 8 for milder effects like relaxation, sleep, or everyday stress relief. It’s also a popular choice for people who want to consume cannabis products without feeling overwhelmed or having anxious thoughts.
Can I Travel With Delta 8 THC To Other States From Maryland?
Be careful! While Delta 8 is legal in Maryland, it’s not legal in all states. Taking it across state lines could lead to legal trouble, depending on where you go. Always check the laws in other states first before traveling with D8.
Final Thoughts – Is Delta 8 Legal in Maryland? [Discover What SB0788 Means for You]
So, is Delta 8 legal in Maryland? Yes, Delta 8 is legal for adults age 21 and over, as long as products containing it are made from hemp and contain less than 0.3% Delta 9 THC. The Old Line State has taken steps to ensure Delta 8 THC products meet safety standards and are clearly labeled.
Thanks to new legislation and court support, Maryland residents can enjoy hemp-derived Delta 8 without breaking the law, as long as they follow the state’s rules. Ready to explore Delta 8 for yourself? Check out our catalog of high-quality Delta 8 products, with safe and secure shipping straight to your door!
Editor’s Note: The information provided on this site is intended solely for general knowledge and should not be interpreted as legal advice or a comprehensive review of current laws. We do not guarantee the accuracy or dependability of the legal details shared here, nor is it designed to influence decisions regarding our products. Laws differ across states and are subject to frequent updates, which means the content may not always reflect the most current legal standards. To ensure compliance, we encourage consulting a qualified attorney in your area or the location where you plan to ship products.
