Delta-8 THC Is Legal in Maine, But Change Is on the Horizon

Maine legalized delta-8 THC in 2019, but might backtrack in 2024.

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Hemp-derived delta-8 THC product sold in Maine
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Delta-8 THC is legal in Maine, but things are likely to change in the future. Maine legalized hemp in line with the 2018 Farm Bill, and has also legalized cannabis in the state, so delta-8 THC only has limited restrictions at present.

However, in 2023, lawmakers proposed a bill that limits the maximum dose allowed in hemp products and excludes cannabinoids made “synthetically” – like delta-8 THC – from the definition of hemp. 

Here’s what the law says as it stands today and how this might change in the future.

Delta-8 THC is legal to sell in Maine, following the passage of Legislative Document (LD) 1749 in 2019. 

LD 1749 established the rules and definitions for Maine’s hemp law. In particular, the statute defines hemp in exactly the same way as the 2018 federal Farm Bill, including the specific reference to “all derivatives [and] cannabinoids” contained in hemp. Moreover, the definition explicitly includes products, provided the final delta-9 THC concentration is less than 0.3% by dry weight. 

In short, this bill simply follows the standards laid down by the federal Farm Bill, and thereby legalizes delta-8 THC in the state. Alongside this, hemp is exempted from the definitions of marijuana and THC in the state’s controlled substances laws.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Map

Can Delta-8 THC Be Added to Food in Maine? 

Yes, provided the product stays within Maine and is not sold interstate. 

While the federal Food, Drug and Cosmetic Act (FD&C Act) does not allow delta-8 THC (or CBD) in foods, Maine’s hemp law and regulations allow for these products provided they are properly labeled and not sold out of state. However, moving them across state lines puts them under federal jurisdiction and makes them illegal under the FD&C Act. 

Can You Buy Delta-8 THC Products in Maine? 

You can buy delta-8 THC in Maine, from online stores across the country and from brick-and-mortar stores in Maine. However, many brick-and-mortar hemp stores in Maine appear not to carry delta-8, based on an online search. It may be more practical to find delta-8 products in a dispensary. 

RELATED: The Best Delta-8 THC Brands, Reviewed

Delta-8 THC Alternatives

Cannabis is legal for adult use in Maine, and other THCs derived from hemp (e.g. delta-10) are also legal. In short, you have access to everything covered by the 2018 Farm Bill and marijuana is also sold in state-licensed dispensaries. 

Are There Age Restrictions on Delta-8 THC Products? 

There is no legal age restriction on hemp delta-8 THC products or other hemp products in Maine. However, stores generally institute a minimum age of purchase of 18 or 21. State-licensed dispensaries and adult-use cannabis products are restricted to adults aged 21 or over. 

Can You Travel to Maine With Delta-8? 

You can travel to Maine with hemp delta-8 THC. The state has no restrictions on hemp and it is generally not considered a controlled substance if derived from hemp.

Traveling to Maine with delta-8 THC is allowed as long as the product contains less than 0.3% delta-9 THC and it is sourced from legal hemp. For example, the Transportation Security Administration (TSA) does not have an issue with it provided it comes from hemp. It’s wise to bring a Certificate of Analysis (COA) for the product you bring so you can prove that it is legal hemp if questioned. 

Closing Thoughts: The Future for Delta-8 in Maine 

Maine lawmakers may ban most delta-8 THC from being sold as hemp when the legislature reconvenes. 

LD 1996 was introduced in 2023, and was carried over to the next legislative session, which begins in January 2024. This bill does two major things: it limits all hemp products to 0.5 mg of delta-9 THC per package (not serving), and excludes “synthetic hemp-derived cannabinoids” such as delta-8 THC from the definition of hemp. If this bill passes, delta-8 THC could only be sold in state-licensed dispensaries. 

Additionally, the 2023 Farm Bill may make some changes at the federal level that affect Maine’s current system. In a nutshell, things will probably change in the next year.