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Maine Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on April 21, 2024

Maine Weed Legality

Is Delta 9 Legal in Maine?

Delta-9 THC is legal in Maine, both as a hemp-derived product and as a marijuana product. The cultivation of industrial hemp was legalized in Maine in 2009 under LD1159. Further legislation in 2019, such as LD630, regulated the sale of hemp-derived products. The 2018 Farm Bill federally legalized hemp products, including Delta-9 THC with a concentration of no more than 0.3%, aligning Maine’s laws with federal regulations. Residents can legally purchase hemp-based Delta-9 THC products from CBD stores, vape shops, and online retailers.

Additionally, recreational marijuana was legalized in Maine in 2016, with sales beginning in 2020. Under Maine’s Medical Use of Cannabis Program (MMCP) and Adult Use of Marijuana Program, adults aged 21 and over, as well as qualifying medical patients, can legally purchase and possess marijuana, which includes marijuana-based Delta-9 THC. However, there are different possession limits for marijuana-based Delta-9 THC compared to hemp-derived products.

Is Delta 8 Legal in Maine?

Yes, Delta-8 THC is legal in Maine. Maine state law aligns with federal regulations under the 2018 Farm Bill, which legalized all derivatives, cannabinoids, and isomers of hemp, except Delta-9 THC. Specifically, Maine’s LD 630, passed in 2019, defines hemp as any Cannabis sativa plant with a THC level of 0.3% or less and legalizes all isomers, extracts, acids, and derivatives of hemp, including Delta-8 THC​ (Maine Legislature)​​ (Maine Legislature)​.

Residents of Maine can purchase and use both hemp-derived and marijuana-derived Delta-8 THC. There are no specific restrictions on the type or amount of Delta-8 THC products that can be owned. However, only individuals aged 21 and over can purchase Delta-8 THC products derived from marijuana for recreational purposes, while medical cannabis patients must be at least 18 years old. Delta-8 THC products can be bought from local CBD stores, which also offer delivery services, and can be shipped from other states into Maine.

Is THCA Legal in Maine?

Yes, THCA (Tetrahydrocannabinolic acid) is legal in Maine. Maine’s cannabis laws are progressive, allowing both medical and recreational use of cannabis. This includes THCA, which is non-psychoactive in its raw form and only converts to THC when heated. Under Maine law, non-psychoactive cannabinoids like THCA are not explicitly criminalized, placing them in a legal gray area. However, once THCA is decarboxylated (heated), it becomes regulated under the state’s cannabis laws.

Maine’s legalization of recreational marijuana in 2016 and the adoption of the 2018 Farm Bill, which federally legalized hemp products containing less than 0.3% Delta-9 THC, provide a supportive framework for the legal status of THCA. Residents can purchase and consume THCA products, both hemp-derived and marijuana-derived, in compliance with these regulations.

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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