Is Delta 8 THC Legal in Delaware?

Delta 8 THC is not allowed in the State of Delaware however Delta 9 THC is legal. Though, Delta 8 THC is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some states like Delaware have their own laws regarding these products in this state.

Like previously mentioned, Delta 9 THC is legal in Delaware.   As long as the THC level remains under the limit of .3% Delta-9 THC (as measured on a dry weight basis), all hemp-derived Delta 9 products are legal to use and consume in the state.  There's just something about Delaware and Delta THC!

The hydrogenated version of THC -- which is Hexahydrocannabinol (HHC)-- is also legal in Delaware.  Just like Delta-9, residents can order HHC products online. Both HHC and Delta-9 THC both provide the euphoric high that canna lovers enjoy, so wouldn't Delaware also feel the same way about Delta-8?

No, Delta 8 THC is not legal in the State of Delaware.

In Delaware, Delta 8 is not allowed. The federally defined delta-9 THC concentration is .3%, and though federal officials have determined their stance on tetrahydrocannabinols (monitoring specifically the Delta-9 levels), state officials have broadened the definition to encompass all varieties of Tetrahydrocannabinols, including Delta-8 THC.

In Delaware, Delta 8 legal concerns have been arising as the concentration for hemp products doesn't match the same level as other US States. Delaware goes beyond the federal guidelines of monitoring the .3% delta-9 tetrahydrocannabinol concentration (as measured on a dry weight basis), and instead encompasses all forms of Tetrahydrocannabinols, including salts of isomers derived from the industrial hemp plant, in making its determination as to whether a sample is classified as legal hemp in Delaware.

Current Delaware Delta-8 Legislation

According to Title 16 Health and Safety, Delta-8 THC is illegal due to how the law is written in Delaware. Delaware has several restrictions which count against the possibility of Delta-8 THC being legal in any form.

Under § 4902A. Definitions of the Law, it states:

“Cannabidiol-rich medical marijuana” or “CBD-rich” means a marijuana strain or product formulization that has elevated levels of cannabidiol (“CBD”) and contains the profile of CBD and tetrahydrocannabinol (“THC”) concentrations approved by the Department, based upon the recommendation of the Medical Marijuana Act Oversight Committee.

In § 4764, it states:

Nothing contained herein shall be construed to repeal or modify any law concerning the medical use of marijuana or tetrahydrocannabinol in any other form, such as Marinol, or the possession of more than 1 ounce of marijuana, or selling, manufacturing, or trafficking in marijuana.

Under § 4714. Schedule I., it states:

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

Delaware does not allow possession of any amount of tetrahydrocannabinols or their derivatives, with the one exception being certain THC products that are USDA-approved.

Delaware Industrial Hemp Act

It was Senate Bill 266 which enacted the state's ability to adopt cultivation of industrial hemp within the state on August, 28 2018. With that, it allowed the Delaware Department of Agriculture to oversee the program within the state. Today, residents of Delaware can participate in different ways by reviewing the state's 2021 Hemp Program resources which are available online.

List of controlled substances

In reviewing Delaware's list of controlled substances, the state considers Tetrahydrocannabinol (or its isomers) as controlled substances. Possession of a controlled substance in Delaware incurs increasingly severe penalties for subsequent offenses - usually a fine, but often including time in prison.

Buying and Shipping Delta 8 in Delaware

Since Delta 8 is illegal in the State of Delaware, residents can not buy D8 THC products for sale with a shipping address located in the state. Delta-8 THC is not allowed in the State.

Border States to Delaware:

Pennsylvania, New Jersey, Maryland and New Jersey

Advocacy Groups in Delaware Supporting Delta 8 and Hemp Laws

Delawareans are continuously supportive of Delta 8 THC and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations in Delaware:

Delaware Cannabis Advocacy Network

Delaware NORML

News stories covering raids or busts on Delta 8 Products and stores in Delaware

5/4/2021

Forum focuses on business impact of marijuana legalization

2/26/2021

Is Delaware poised to make recreational marijuana legal?

12/8/2020

Hemp producers in Delaware must register growing sites annually