Is Delta 8 Legal in Maine?

Humans have been using cannabis for centuries and its popularity only continues to rise, especially with the legalization of hemp-derived THC products like Delta 8. Because these Delta 8 THC products are made from hemp plants, they are considered legal by federal law, making them far more readily accessible to many.


What's made this derivative of the plant cannabis sativa rise in popularity is a combination of its federally legal status along with the many potential medical and therapeutic benefits users have reported experiencing.


Unfortunately, laws surrounding the cannabis sativa plant, hemp, and Delta 8 THC can be confusing. This is compounded by the fact that some states have their own regulations which can differ from that of federal law. Because of this, the federal legalization of hemp has left many to wonder "Is Delta 8 legal?".


Luckily Maine is an extremely cannabis-friendly state. Let's take a closer look at how and why Delta 8 THC is considered legal in Maine.


What is the Farm Bill?

What is the 2018 Farm Bill?

The Agricultural Improvement Act, also known as the 2018 Farm Bill, is a key piece of federal legislation that decriminalized the cultivation, possession, and consumption of industrial hemp, making way for a slew of newly legal Delta 8 THC products derived from hemp.


The legality of a hemp product is conditional on the presence of less than 0.3% Delta 9 THC. In the state's eyes the definition of “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 THC concentration of no more than 0.3%.


What is Delta 8 THC?

Delta-8 THC, also known as delta-8-tetrahydrocannabinol, is a naturally occurring cannabinoid found in the cannabis and hemp plant. Despite being chemically similar to Delta 9 (commonly known as just THC), which is the primary psychoactive compound in cannabis, it's quite distinct in its characteristics and effects.


In chemical terms, Delta 8 THC is a structural twin - an isomer - of its more renowned sibling, Delta-9 THC. However, it distinguishes itself from CBD and Delta 9 by its scarcity in the harvested marijuana plant. To put it into perspective, in a marijuana plant hosting up to 30% THC, the proportion of Delta 8 THC may barely touch 1%.


The names of these compounds, Delta 8 and Delta 9, come from the position of their double bonds. Specifically, in Delta 8, the double bond resides on the eighth carbon atom, while for Delta 9, it's found on the ninth carbon.


Delta 8 is birthed from the aging of Delta 9 under the influence of light and oxygen and exhibits a subtler potency compared to its parent, THC. The most notable difference is that Delta 8 offers milder psychoactive effects and side effect potential. Still, when it comes to medicinal and health benefits, both Delta 8 and Delta 9 march to the same beat.


The growing popularity of Delta 8 hemp products can be attributed to their extended shelf life and enduring effects. However, due to the minor divergence in their chemical configurations, other ingredients, and resultant impacts, Delta 8 is categorized differently under legal statutes at the state level.


Is hemp legal in Maine?

Is Delta 8 legal in Maine?

We get asked "Is Delta 8 legal in Maine?" quite frequently and we have great news! All forms of hemp and cannabis are legal in Maine meaning that all THC retailers should be willing to ship Delta 8 THC products to Maine residents.


Because of the Marijuana Legalization Act, Delta 8 THC is legal according to Maine state law regardless of whether it is derived from hemp or the marijuana plant including marijuana concentrate. Like federal law, Maine has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinol other than Delta 9 THC.


All Delta 8 THC products must contain no more than 0.3% THC concentration on a dry weight basis to be considered legal and excluded from the state's controlled substances list in Maine. In fact, medical use of Delta 8 THC is also legal according to the Maine Medical Marijuana Act. 


The Legal History of Delta-8 THC in Maine

Legislative amendments to the Controlled Substances Act have been adopted at the state level, specifically excluding products containing hemp from the classification of marijuana products. A thorough analysis of the updated law's definitions is presented here:


Industrial Hemp Definition: Hemp is essentially a variant of the plant cannabis sativa species and encompasses the whole plant in its definition. This includes agricultural commodities, derivatives, and extracts from hemp as well as defines hemp itself. Importantly, all chemical entities within the plant, such as cannabinoids, salts, and isomers, fall under the broad umbrella of hemp according to this updated legal framework.


The definition of hemp from the hemp plant also includes ingestible consumer products including food, food additives, and food products derived from hemp derivatives which in their final form contain less than 0.3% Delta 9 THC content.


Is weed legal in Maine? 

Is Marijuana Legal in Maine?

Yes, the passing of the Marijuana legalization act legalized hemp-derived products like Delta 8 THC. Similar to Maine's neighboring states West Virginia and Connecticut. Maine lawmakers seem to be open to all things hemp!


Back in November 2016, Maine was one of four states to pass a legalization initiative back in November of 2016, along with California, Massachusetts, and Nevada. Unfortunately, it took Maine longer than the rest and was the last of those states to implement adult-use sales.


However there the good news is that even after plentiful delays and frustrations, adult use marijuana pursuant to this new legislation finally began on October 9th, 2020.


Is Recreational Marijuana Legal in Maine?

Yes, recreational cannabis is legal in Maine. In 2016, Maine legalized Adult Use cannabis by popular vote on the public election ballot. Maine residents 21 years and older can legally use marijuana for medical and recreational purposes.


Residents are allowed to possess up to 2.5 ounces and are permitted to cultivate up to 3 mature marijuana plants and 12 immature plants. Maine does prohibit smoking marijuana in public so be sure to avoid smoking weed in public.


Is Medical marijuana legal in Maine?

Yes, Cannabis can be legally purchased and possessed by adults who are 21 or older or qualifying patients with a Maine Medical Marijuana card, but cannabis is a controlled substance subject to different possession limits than hemp.


Medical marijuana was legalized in 1999 for certain illnesses. The program saw a large expansion in 2009 with the passing of the Main Medical Marijuana Act. The Maine Medical Marijuana Act made medical cannabis accessible to patients with even more qualifying conditions. The Maine Medical Use of Marijuana Act and the state's definition of a marijuana product is a marijuana product, composed of harvested marijuana and other ingredients that are intended for medical use.


A marijuana product includes but is not limited to an edible marijuana product, marijuana ointment, and a marijuana tincture. A marijuana product does not include marijuana concentrate or a product containing hemp, however.


Later in 2016, Maine legalized Adult Use cannabis by popular vote on the public election ballot.


Where to buy Delta 8 in Maine

Where to Buy Delta 8 THC in Maine

You'll find that buying hemp products like Delta 8 in Maine is very easy. Not only can you find hemp derived THC products in major cities in Maine like Portland, Lewiston, Bangor, and South Portland at many hemp stores and dispensaries, but you can just as easily find Delta 8 products online.


In fact, many find that it's easiest to buy Delta 8 and Delta 9 online and that it is their preferred way to buy Delta 8. Since hemp is federally legal, you are allowed to purchase any hemp-derived product and have it shipped directly to your door.


How to Buy Delta 8 THC Online in Maine

Life gets busy and all of the day-to-day chores can make it hard to find the time to get the THC products you need. At Everday Delta, we carry a wide variety of hemp products like Delta 8, Delta 9, HHC, and THC-P that are 100% hemp-derived from American-grown hemp from top brands like Eighty-Six Brand, Koi CBD, and 3Chi, just to name a few.


All of these brands are all manufactured right here in the United States. Whether you are looking for Delta 8 tinctures or tasty Delta 9 gummies and edibles, you can find them here. Our online store is easy to navigate so you can find what you are looking for as quickly as possible. After your order is placed, you can expect a safe and discreet delivery in a few days.



Maine Delta 8 FAQ

Is THC legal in Maine?

All forms of THC are legal in Maine whether from hemp derivatives or from the marijuana plant.


Is medical marijuana legal in Maine?

Yes, both medical and recreational use of marijuana is legal under state law.


Do I need a medical marijuana card to buy Delta 8 THC?

No, because Maine is so cannabis friendly all forms of THC marijuana concentrate are legal, and you can buy Delta 8 THC at local dispensaries or online.


How old do you have to be to buy Delta 8 in Maine?

You must be 21 years of age or older to purchase hemp derivatives such as Delta 8 THC. This same rule applies to any edible marijuana product, ingestible products, any marijuana ointment, or marijuana tincture, including marijuana concentrate.


Is CBD legal in Maine?

Yes, CBD is legal to purchase and possess in the state.


What does the future look like for Delta 8 in Maine?

The present and future look bright for all THC in Maine, the same can be said about hemp products. Currently, you just need to be over 21 to buy Delta 8 products, there is no need for a medical card. In fact, you can find a huge variety of Delta 8 and Delta 9 THC products readily available online.


Everyday Delta offers everything from tinctures and edibles to vaping products, there’s something for everyone, and you’ll surely find something that suits your taste and lifestyle. If you’re interested in giving Delta 8 THC a try and you live in the state of Maine, check out our selection of high-grade Delta 8 THC products today.



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