Delta 8 THC in Delaware: Is it Legal?

Is Delta-8-THC Legal in Delaware?

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Products made from hemp that contain CBD, Delta 9 THC, and other cannabinoids are legal in Delaware, but not those that contain Delta-8. Delta 8 THC, a special cannabinoid present in hemp plants, has experienced a sharp rise in popularity across the country and shows encouraging signs of use in both medical and recreational applications. Despite sharing some similarities with Delta 9 THC, Delta 8 THC has entirely different effects on users and is typically less potent than Delta 9 THC.

Is Delta 8 THC legal in Delaware, though?

Related article: What is Delta 8 THC?

In Delaware, Delta 8 THC is Not Legal

As of the date of this article (09/22/2021), Delta 8 THC is prohibited by Delaware state law.

The following bills highlight why Delta 8 THC is illegal in Delaware.


Hemp is 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 the federally defined delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.


Sec. 5940 – Legitimacy of industrial hemp research (b) Definitions

(2) “Industrial hemp” The term ‘‘industrial hemp’’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(Full Bill)


§ 4701 Definitions [January 1, 2020].

(28) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include products approved by the US Food and Drug Administration.

§ 4714 Schedule I.

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;

(Full Bill)

Can You Bring Delta 8 to Delaware?

Let's clarify everything.

Indeed, most states allow the use of Delta 8.

Yet in Delaware, it is not permitted.

Delta 8 is not legal in Delaware, even if it is legal in a neighboring state.

You'd run the risk of getting into legal trouble if you did that.

Instead of taking a chance, find a substitute—Delta 9 THC made from hemp—instead of taking a chance.

Is Hemp-Derived Delta 9 THC Legal in Delaware?

As previously mentioned, hemp products that don't contain more than 0.3% Delta 9 are permitted both in Delaware and on the federal level.

Delta 9 hemp products are legal in all 50 states, which is great news.

As a result, you are free to transport your hemp-based goods wherever in the nation you want.

Also, devotees may pack it in their luggage on several domestic carriers. To find out if such things are permitted on airline planes, they only need to inquire with the airline directly.

So, you are not required to leave your cannabis products at home and can take them almost anywhere.

Where to Buy Hemp-Derived Delta 9 in Delaware?

Thankfully, Delaware has long permitted the use of Delta-9, which is made from hemp.

So, it's not as difficult to identify stores that sell these things as you may imagine.

Your device's search function can help you locate the closest hemp store.

You'll receive directions to the closest retailer of hemp products in a matter of seconds.

But the best and easiest way to buy Delta 9 is online.

Buying Hemp-Derived Delta 9 and CBD Online

Nowadays, online purchasing is far more popular than traditional in-store shopping.

Do we blame anyone who decides to do their shopping online?

Well, of course not—simple, it's quick, and requires no travel.

And that's precisely how we operate when you shop with CannaAid.

We provide a variety of Delta 9 and CBD products that are all compatible with the Farm Bill, each one unique. This comprises:

At the click of a mouse, you can order anything, and it will arrive at your door in a few days.

It is that simple.

Delaware and Hemp's Future

We suggest that you communicate your concerns to your state and local legislators if you wish to see these laws changed. Regrettably, Delaware's rules are different from those in Pennsylvania, Maryland, and New Jersey when it comes to Delta 8 tetrahydrocannabinol. Hopefully, everyone in Delaware will have access to this new little cannabinoid soon.

This website's information does not constitute legal advice and is not meant to be. The information, content, and materials on this website are intended for informational purposes only and should not be used to make you decide whether or not to purchase any of our products. Laws vary from one state to the next and are always changing. This website may not contain the most current legal or other information. For verification of the legal status and products listed on this website, please consult an attorney in your area. Click here for our Legal Disclaimer.



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