Is Delta-8 THC Legal in Maryland?
Yes, Delta-8 is LEGAL in Maryland
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What is Delta-8 THC?
Delta-8 THC is a type of cannabinoid found in cannabis plants that has been shown to have anti-inflammatory effects, making it an alternative for people who are allergic or sensitive towards traditional painkillers. But before you try this chemical substance with no understanding what the side effects may be like, make sure you know exactly what delta-8 THC really means and how it might affect your health!
What is the Difference Between CBD and Delta-8 THC?
You may want to know the difference between delta-8, delta-9, and CBD. Delta-8 isn't as potent or intoxicating like delta-9 THC found in marijuana but it still has an effect on your body when consumed. On the contrary though is CBD which doesn’t have any type of high feeling associated at all due to being non-psychoactive.
How is Delta-8 THC Related to Cannabis and Hemp?
There are many different types of cannabis, but the main difference is in concentration. The three species that comprise it-Cannabis sativa Cannabis indica and Cannabis ruderalis each have their own unique varieties with varying potencies depending on how much THC or CBD they contain.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that these new drugs are now available in most states, even if marijuana is still illegal; however many states have begun creating frameworks and regulations for the legality of this specific type of drug.
Why are Some States Banning Delta-8 THC?
The answer is a bit complicated, but it boils down to the psychoactive compounds of cannabis being illegal in others and competition for fledgling marijuana businesses. Until there's an official regulatory framework governing these products altogether, many other states will continue their ban on it as well.
The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that delta-8 THC products are now available to consumers in most states, even if marijuana is still illegal. However, many states are beginning to create a legislative and regulatory framework to address the legality of delta-8 specifically.
As of 5/2021, delta-8 THC is LEGAL in Maryland under HB1123 Chapter 228.
The law reads as follows:
HOUSE BILL 1123. CHAPTER 228 - AGRICULTURE – HEMP RESEARCH AND PRODUCTION
(r) (2) “Marijuana” does not include:
(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis] HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE ARTICLE
14–101. SUBTITLE 1. DEFINITIONS.
(c) (1)“HEMP” means the plant Cannabis sativa L. and any part of THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.
With additional information addressed in Title 5, Subtitle 4 of Maryland Criminal Law:
TITLE 5 - CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES. SUBTITLE 4 - SCHEDULES
Section 5-402 – Schedule I.
(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:
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