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Delta-8-THC gained legal status alongside CBD according to federal legislation, but every state is responsible for making its own hemp laws. With that in mind, you may be wondering “Is Delta-8-THC legal in Delaware?”
Unfortunately, no, Delta-8-THC is restricted in Delaware due to some legal technicalities.
Here’s what you need to know about Delaware Delta-8 laws:
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Table of Contents
Delta-8-THC and Federal Laws
Delaware Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Delaware?
Delta-8-THC Possession Limits in Delaware
Is Delta-9-THC Legal in Delaware?
Where to Buy Delta-8 in Delaware
Is Delta-8 Legal in All 50 States?
Resources
Delaware’s neighboring states (Pennsylvania, Maryland, and New Jersey) have all legalized Delta-8, but Delaware’s hemp laws are still pretty hazy.
Although CBD seems to be legal, the state hasn’t done much to clarify its stance on CBD sales and use. On the other hand, it’s position on Delta-8-THC is pretty clear.
Delaware classifies any product that contains “any amount of” tetrahydrocannabinols or their isomers as a Schedule I substance. The only exception is THC products that are FDA approved, like various pharmaceuticals that are only available by prescription.
Unlike other states that make exceptions for “hemp derived tetrahydrocannabinols,” Delaware makes no such exception, rendering Delta-8 possession illegal and subject to penalty in the state.
Here are some highlights from the official state laws:
2019 DELAWARE HEMP RESEARCH PILOT PROGRAM
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.
Title 7 – AGRICULTURE. CHAPTER 88 – RESEARCH. SUBCHAPTER VII – MISCELLANEOUS RESEARCH PROVISIONS
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.
TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT
(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.
(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;
Is Delta-8 a Controlled Substance in Delaware?Yes. Delaware classifies any amount of Tetrahydrocannabinol or its isomers as Controlled Substances within the state. Possession of a Controlled Substance in Delaware is punishable by a fine or ascending amount of jail time for every offense.
Because Delta-8 is not legal according to state law, there are no defined possession limits for Delta-8-THC in Delaware.
Delaware passed the Delaware Medical Marijuana Act in 2011 to officially legalize cannabis for qualifying patients under the state’s medical cannabis program. Later, the state attempted to legalize cannabis for recreational use with HB 110, but it failed to pass.
Delta-9-THC falls under the blanket definition of “tetrahydrocannabinols” and is also considered a controlled substance in the state, except when legally purchased by a qualifying medical patient.
Because state law technically classifies Delta-8-THC as a controlled substance, you won’t be able to legally purchase Delta-8 in the state.
In places where Delta-8-THC is legal, Delta-8 can be found in stores, but many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in Delaware according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.
No, you cannot buy Delta 8 THC in Delaware. The state has banned the sale, distribution, and use of Delta 8 THC products.
Delta 8 THC is banned in Delaware because it is classified similarly to Delta 9 THC. The state considers Delta 8 a controlled substance, making its sale and possession illegal.
No, Delta-9 THC derived from marijuana is illegal in Delaware, except for medical use under the state's medical marijuana program. Hemp-derived Delta-9 THC with less than 0.3% THC by dry weight is legal under federal law, but state restrictions may apply.
No, traveling with Delta 8 THC to Delaware is not advisable as it is illegal in the state. Possession of Delta 8 products can result in legal consequences.
No, there are no exceptions to Delaware's Delta 8 ban. All forms of Delta 8 THC are illegal in the state.
Possessing Delta 8 THC in Delaware can result in similar penalties to those for marijuana possession, which may include fines and potential jail time depending on the quantity and circumstances.
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