Delta-8 THC in Maryland: Legal Status & More

Nikhil Goswami

Delta-8 is a recreational drug commonly used by people seeking a feeling of euphoria and sociability. While it is a popular drug that may be used to treat multiple ailments like anxiety, you should know what state laws say about its use.

With the increasing popularity of delta-8 and other hemp products, you must be well-informed regarding its legality. Although federal law is clear on the subject, different states can either choose to adopt, prohibit or regulate delta-8. State laws differ in their provisions, so each resident has to be informed.

The legal status of delta-8 in Maryland is based on House Bill 1123, which permits the use of delta-8 in Maryland. However, there are some restrictions that this regulation provides. This article reviews and extensively discusses the legal status of delta-8 in Maryland. We also discuss the state laws that govern restrictions, possession limits, and others.

What Is Delta-8 THC?

Delta-8 THC is a psychoactive compound considered less strong than delta-9 THC, the chemical responsible for the intoxicating “high,” yet structurally related to it.

This substance, delta-8, is one of the more than 100 hemp-derived cannabinoids found in cannabis sativa. Delta-8 THC does not have concentrations that are high enough to incapacitate you. According to the Food and Drug Administration (FDA), high levels of delta-8 THC are thus commonly produced from hemp-extracted CBD.

The Journal of Cannabis Research adds that delta-8 THC capsules might offer the same effects as delta-9 THC. Effects such as sedation, pleasure, and pain reduction have fewer drawbacks.

Legal Status Of Delta-8 THC In Maryland

Yes, it is legal to use delta-8 in Maryland. Delta-8 THC is legal in Maryland following federal law (Farm Bill 2018). However, like some states, Maryland state law places certain restrictions on the substance. These restrictions center on its use, possession, and distribution.

In Maryland, House Bill 1123, chapter 228, approved on May 29, 2022, and enacted on July 1, 2022, regulates the use of delta-8. In other words, hemp-derived delta-8 is now governed by the state’s existing marijuana regulations.

The bill provides that people under 21 cannot buy, use or own products containing delta-8. A similar restriction applies to anyone under 21 buying products from a delta-8 company. The bill prohibits delta-8 companies from selling their products to people less than 21 years old. This is perhaps why most delta-8 companies ask if users are 21 and above before allowing them to proceed to the site.

The legislation also establishes a task force that will work with the Maryland State Department of Agriculture, the Natalie M. LaPrade Maryland Medical Cannabis Commission, and other health and scientific organizations.

The House Bill states that the task force has the duty of “studying and making recommendations on the classification and regulation of tetrahydrocannabinol, other than delta-9, that are artificially, synthetically, or naturally derived.”

The Agriculture Article 14-101 refers to hemp as Cannabis sativa and, thus, legally allowed under these conditions. At the federal level, the definition of hemp falls under any cannabis sativa plant and must contain less than 0.3% delta-9 THC. The provisions of the Farm Bill of 2018 may permit the use of delta-8 under several conditions. However, state laws can choose to regulate or prohibit the substance. It is good news for Maryland residents that delta-8 is not among the controlled dangerous substances.

The Federal Law And Delta-8 THC Legality

Federal law permits the use of delta-8 THC when the hemp plant is processed naturally. It ultimately allows any THC derived from hemp plants with a THC content of less than 0.3%. It is not part of the controlled dangerous substances if it satisfies this. Another element that affects the legality of delta-8 is the extraction process. Products created from CBD using a natural conversion method adhere to the rules of the 2018 Farm Bill.

Despite this, the DEA maintains its unfavorable opinion of delta-8 THC’s legal status. The DEA lists delta-8 THC under tetrahydrocannabinol on its list of prohibited substances. However, the concluding clause of the 2018 Farm Bill, section 12619(b), makes an exception for “tetrahydrocannabinol in hemp.”

That being said, federal law permits the use of hemp-derived goods, including those that contain delta-8 THC. However, it does not permit the use of marijuana or another such plant. Only residents in states that have legalized marijuana and such plants for recreational use can purchase delta-8 items made from marijuana.

Delta-8 THC may also be legal under the Hemp Farming Act, but 12 states have prohibited its sale and use thus far. They include the following: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, and Utah. Other states, however, like Maryland, regulate its use.

Manufacturers need liquids, chemicals, and acids to extract delta-8 THC through a conversion method from CBD. The conversion ensures that the bases are thoroughly clear of any harmful toxins. It requires the use of experienced lab professionals and cutting-edge technology.

If not, the result can be harmful to your health. Always purchase from trustworthy companies who can meet the regulations and look for third-party lab results if you want to ensure that your product is entirely legal.

Differences Between Delta-8 THC And Delta-9 THC

Delta-8 THC is a type of THC, the main psychoactive compound in marijuana. Delta-9 THC is the most common type of THC and are considered hallucinogenic-like substances. The former is less psychoactive than the latter. In other words, the effects of delta-8 THC and delta-9 THC are one of the major distinctions. Most people who are unsure which one they want to take usually rely on this to make a decision.

Delta-9 is a great deal more powerful than delta-8. Some estimate its overall strength to be twice as high. In contrast, researchers believe that delta-8 makes the experience considerably simpler.

The majority of users report feeling peaceful and clear. They just feel more at ease and less stressed. The time it takes for both substances to kick in also differs. Delta-8 eases people into a more relaxed mood as it operates gently and gradually. The onset of delta-9 is quicker and more immediate.

What Are The Potential Health Benefits Of Delta-8 THC

Delta-8 THC, derived from the hemp plant, may offer potential health benefits, such as reducing anxiety and relieving pain. Compared to delta-9 THC, delta-8 THC produces a more relaxed high. It has euphoric and stress-relieving effects on people who take it. For those who have insomnia, these effects are beneficial.

Another benefit of delta-8 THC is that it reduces nausea and vomiting. It might be just as successful because of its increase in psychotropic properties. Delta-8 THC may have anti-nausea effects, but it is less likely to cause anxiety and paranoia.

Furthermore, delta-8 helps most users to curb the anxiety that comes with using CBD. Recreational cannabis users rarely use CBD because it does not make them high. However, some people have high reactivity to the delta-9 THC found in marijuana.

As a result, they become susceptible to anxiety even at large doses. Delta-9 has higher volumes of THC from the plant cannabis sativa than delta-8. In cases like this, delta-8 THC is a better option if you do not like the powerful high that can make you feel anxious and paranoid.

Another potential health benefit of delta-8 is that it helps in protecting the brain. In fact, the way delta-8 THC affects the brain is one of the primary reasons why researchers have only recently begun to look into its potential health advantages. There are amazing neuroprotective qualities in delta-8 THC.

It can control calcium and potassium pathways in the brain’s central nervous system and prevent the release of adenylyl cyclase. Due to these and other health benefits, researchers think delta-8 THC can be a useful supplementary remedy. Especially for the adverse effects of traditional cancer medicines.

Where Should I Buy Delta-8 Products? Things To Keep In Mind

When you want to buy delta-8 products, stay away from places like retail stores and fuel stations. Those outlets are a bad idea when purchasing cannabinoids derived from hemp. They rarely test for safety and quality or care about presenting lab reports. They prefer to sell their goods faster and at a lesser price.

Instead of going to these places, you can buy from manufacturing companies online. Search for approved delta-8 companies that produce their goods with lab-tested and premium hemp products.

When you find a reputable company to buy from, there are some factors to look out for. They include the delta-8 flower extraction process, ingredients, customer reviews, and company transparency. The extraction process of the plant cannabis sativa is very important to ensure safety.

The CO2 extraction process is one of the best when extracting. This process filters impurities and, as such, is clean and safe. Knowing where the hemp is grown and cultivated is also important. This is because it helps you purchase healthy and naturally cultivated hemp products. This falls within several regulations surrounding hemp cultivation and another such plant.

Furthermore, look out for the ingredient list. This will be of great value to you as it lists all ingredients used in the production. From these ingredients, you can easily ascertain the potency of the products.

When buying, go for products with all-natural ingredients. In addition, check in with your physician to vet the ingredient list. Sometimes sites put up a medical and legal disclaimer, so you should protect yourself.

Lastly, to make your decision, review customer reviews and ratings to guide you to a better product selection. Satisfied customers usually include details of product use and state law comparisons.

Can I Order Delta-8 Products Online In Maryland?

Yes, you and other residents of Maryland can shop online for the best D8 products. Take note that the House Bill allows this for users aged 21 and above. We recommend purchasing from reputable online merchants because they provide a wide selection of high-quality goods at lesser costs.

Online businesses often offer bigger discounts and bundles. This is because they don’t have the overhead associated with operating a brick-and-mortar store. Additionally, receiving your D8 products by mail is handy once you have placed an online order.

Also, you can easily check the quality of the company’s products. The majority of retailers are open about where their hemp comes from. Each product page provides a list of the chemicals that D8 products include and easy access to the lab reports.

Can I Fail A Drug Test Because Of Delta-8 THC?

Yes, Delta-8 THC can cause you to fail a drug test. The cannabinoids from cannabis sativa convert into the same THC metabolites in your body whether you purchase delta-8 or 9. Thus, ingesting any quantity of THC, regardless of its kind, can result in you failing the test.

The maximum legal amount of delta-9 THC in a CBD or hemp-derived product is 0.3%. However, if you consume more than the advised daily serving amounts, the 0.3% THC may accumulate in your body.

Depending on how frequently you take delta-8, there is a chance that it will come up on a drug test. Delta-8 will therefore test positive for THC even if it is not prohibited, and you will put your job at risk if you have it in your system and there’s a random drug test.

After The Legalization Of Delta-8 THC, Is It Legal To Fire Someone For A Positive THC Test?

The legalization of delta-8 THC has created a lot of confusion about what is and is not legal when it comes to THC. In Maryland, the state law is still unclear. However, it is generally believed that it is still legal to fire someone for a positive THC test. Delta-8 THC is still considered a controlled substance under state law. So, while it is technically legal to use Delta-8 THC, employers are still within their rights to drug test employees and take action if they test positive for THC.

Final Thoughts: What All We Know

Delta-8 is legal in Maryland, as far as it is within the provisions of federal law. Also, Maryland state law regulates its use, distribution, and possession limits. So, you must pay attention to that.

In addition, the Maryland General Assembly recently established a new task group to research the potential impacts of full recreational cannabis legalization in the state. You can keep enjoying the product’s benefits as long as you are 21 years old and above.

To know if you can buy delta-8 at 18 years of age click here.

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