Is Delta 8 Legal in Maine?
Delta 8 THC is legal according to Maine state law. Like federal law, Maine specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.
TITLE 7: AGRICULTURE AND ANIMALS. PART 5: PLANT INDUSTRY. CHAPTER 406-A: HEMP
§2231. Industrial hemp
D. “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. [PL 2019, c. 528, §1 (NEW).]
Title 22: HEALTH AND WELFARE. Subtitle 2: HEALTH. Part 5: FOODS AND DRUGS. Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
4-L. Marijuana product. “Marijuana product” means a product composed of harvested marijuana and other ingredients that is intended for medical use. “Marijuana product” includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. “Marijuana product” does not include marijuana concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
[PL 2019, c. 528, §15 (AMD).]
Title 28-B: ADULT USE MARIJUANA. Chapter 1: MARIJUANA LEGALIZATION ACT. Subchapter 1: GENERAL PROVISIONS
27. Marijuana. “Marijuana” means the leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. “Marijuana” includes marijuana concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or a marijuana product.
[PL 2019, c. 528, §18 (AMD).]
28. Marijuana concentrate. “Marijuana concentrate” means the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. “Marijuana concentrate” does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D. In determining the weight of marijuana concentrate in a marijuana product, the weight of any other ingredient combined with marijuana or marijuana concentrate to prepare the marijuana product may not be included.
[PL 2019, c. 528, §19 (AMD).]
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Individual state laws
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