Cannabis use has always been a hot topic around the states since the Controlled Substances Act enacted in 1970. Cannabis became listed as a Schedule I drug, making it illegal for the general public to produce and consume, as well as medical professionals using it for the benefit of their patients. Recently, there has been a movement to change the drug scheduling, but that will take a while.

In the meantime, other cannabinoids have been discovered that offer the same psychoactive properties that cannabis is known for, in a less potent and more controllable form. This cannabinoid is called Delta 8. Similar to Delta 9, which is the main psychoactive cannabinoid found within cannabis that creates the sense of euphoria most commonly associated with the drug, Delta 8 can create the same sense of euphoria to a lesser degree. This is because of a difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain.

This difference is how each cannabinoid can be similar, but still be classified differently. It’s how Delta 9 is a controlled substance but Delta 8 is not. Let’s take a deeper look into Delta 8 laws in Maine and on the federal level.

Federal Law

But how is Delta 8 legal but Delta 9 isn’t? Well, in 2018 the USDA passed the Farm Bill, which defines industrial hemp:

“HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As long as a product contains less than 0.3 percent of Delta 9 within its final form, then the product is legal to sell and consume on the federal level. This is great for those who are struggling with the pandemic still consuming the world as well as those who have access to medical cannabis but find the high taxes too expensive. Delta 8 offers the same benefits just in a less potent form. 

But just because Delta 8 is legal on the federal level doesn’t mean that it is legal in every state. The states put their own rules and regulations on cannabis as well as the cannabinoids within the plant. So what are the Delta 8 laws in Maine?

Maine State Law

Maine has adopted the same definition of industrial hemp established in the Farm Bill. So, any product that contains less than 0.3 percent of Delta 9 in its final form, then it is legal to sell and consume in the general public. Maine also has laws about medical cannabis separate from cannabis and hemp. But still, those are different from the industrial hemp definition the state has adopted. 

Laws are always subject to change so research the laws in your state before purchasing and consuming Delta 8 products. Make sure to check back for more cannabis and hemp related news.