Is Delta 8 THC Legal in Maine?

Delta 8 THC is a type of psychoactive product that comes from the hemp plant. It's legal in Maine, but some US States have their own laws on these products.  Some states restrict the sale and use of other psychoactive cannabinoids such as Delta 9 THC and HHC.  Delta 9 THC is actually more abundant in hemp than other related psychoactive compounds which means that demand for Delta 9 products online can usually be met with adaquate supply. 

However, other psychoactive cannabinoids such as Delta 8 and HHC are cannabinoids found naturally occuring in hemp, but are more scarce. Learn about what you can and cannot do with Delta 8 here in Maine.  

Yes, Delta 8 THC is legal in the State of Maine.

In Maine, Delta 8 is allowed. Maine Delta 8 THC Laws have been a top search in the state, as more Mainers are seeking to enjoy the psychoactive hemp derivative legally in the state. As one of the isomers of hemp, Delta 8 legal questions have been coming up so we wanted to weigh-in to tell you more about what Delta 8 is and how it differs from Delta 9.

With Delta-8 being one of the hemp derivatives of the industrial hemp plant, in a broad stroke from the president signing the 2018 Farm Bill into law, many people questioned how state legislators would act in providing local legislative actions. For years, the marijuana plant has had to overcome the stigma from being outlawed in the first part of the 20th century, and now it has become the darling of the plant industry.

In 1999, medical marijuana became legal in the state and by 2016, LD 1719 was amended to allow adult-use marijuana for those over 21 years and older. Every conceivable edible marijuana product -- from Delta-9 flower to a marijuana tincture -- became legal due to this legislation, but what about Delta-8 THC?

The difference between hemp is found in a separate bill-- with the 2018 Farm Bill, it provided clarification of hemp. According to the new federal hemp plan, it imposed federal guidelines for the limits for hemp which explicitly limits the amount of Delta-9 content found in the hemp material. The Delta-8 content is not a priority at neither the federal level nor the state level in Maine.

With this law, consumable hemp products are considered lawful to purchase, and legal hemp products can be purchased in-store or online.

Current Maine Delta-8 Legislation

Maine has amended their hemp legislation to include all derivatives of hemp including "topical or ingestible consumer products, including food, food additives and food products derived from hemp" that do not contain more than 0.3% Delta-9-THC.

In the Act that made this so, §2231. Hemp of Title 7: AGRICULTURE AND ANIMALS states the following:

"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. "Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. "Hemp" does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult use marijuana pursuant to Title 28‑B, chapter 1.

According to the law, all derivatives, including Delta-8 THC, are legal in the state as long as the contents do not exceed .3% Delta-9 THC as measured on a dry weight basis.

On February 11, 2021, state lawmakers met to bring the state in compliance with federal hemp laws. Watch the recorded Zoom call below:

Maine Industrial Hemp Act

According to the State of Maine Hemp Handbook, officials from the Department of Agriculture, Conservation and Forestry (DACF) Hemp Program can provide licenses for growing hemp in the state. This license program for farmers to grow industrial hemp, and residents can grow up to three hemp plants for personal use without requiring a license. Though personal use growing is currently permitted, there is a bill being considered in the state senate which may restrict this option in the future. Currently, hemp can be grown as long as it falls under the bounds set by the DACF.

The Act to promote industrial hemp in Maine began as HP0007 LD 4 enacted in 2009, and has always aimed to strictly limit the Delta-9 THC level in the state -- never intended to monitor the Delta-8 THC limit.

List of controlled substances

In the list of Controlled Substances, The state of Maine has changed the definition of "marijuana" to exclude hemp and its derivatives from the controlled substances list, so long as they are grown in accordance with the state's plan.

According to §1101 Chapter 45: Drugs of Title 17-A: MAINE CRIMINAL CODE, they state:

Tetrahydrocannabinols that are naturally contained in a plant of the genus cannabis or a cannabis plant, excluding tetrahydrocannabinols contained in hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D, as well as synthetic equivalents of the substances contained in the cannabis plant or in the resinous extracts of cannabis or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity

In Title 7, section 2231, subsection 1‑A, paragraph D they state:

Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law.

Federal law limits the Delta-9 THC level to .3% as measured on a dry weight basis, and Maine doesn't limit the Delta-8 THC level. Therefore, Delta-8 THC is considered legal in the state.

Buying and Shipping Delta 8 in Maine

Since Delta 8 is legal in the State of Maine, residents can buy Delta 8 THC products with a shipping address located in the state, Delta-8 THC is allowed in Maine.

Border State to Maine:

New Hampshire

Advocacy Groups in Maine Supporting Delta 8 and Hemp Laws

Mainers are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Maine Cannabis Industry Association

Maine Organic Farmers and Gardeners

Maine Growers Alliance

Maine NORML

Medical Marijuana Caregivers of Maine

News stories covering raids or busts on Delta 8 Products and stores in Maine

 2/14/2022

Maine Lawmaker Introduces Federal Hemp Advancement Act In Congress

4/29/2021

Maine’s cannabis programs are poised to be a national model, if we let them

4/20/2021

To be blunt, financing the legal marijuana business in Maine is not easy