Is Delta-8 THC Legal in Delaware? Current Hemp Laws & Regulations

Delta 8 delaware

Delaware holds a more conservative view on cannabis. The state is one of the last in the nation with hazy hemp and cannabidiol (CBD) laws. Given the legal status of hemp cannabidiol (CBD) in the Diamond State, you’re probably wondering if D-8 THC products are legal to purchase. Let’s look at the current hemp laws in Delaware.  

Is It Legal: Delaware Delta-8 Laws 

Unfortunately, Delta-8 THC is NOT legal in Delaware. The state prohibits the sale of tetrahydrocannabinols or other isomers that are not approved for sale by the Food and Drug Administration (FDA). 

What Is Delta-8? 

Delta-8 tetrahydrocannabinol is one of the most popular hemp derivatives sold all around smoke shops, CBD outlets, and dispensaries across the United States. As a close relative of Delta-9 THC you know, the primary cannabis compound Delta-8 THC is also an intoxicating cannabinoid by nature. 

Research shows that this molecule is twice less intoxicating than its “sister” molecule, THC. But, the most interesting part about D-8 THC is that it causes a mildly euphoric — and clear-headed, productive “high” without the adverse effects of extreme paranoia and anxiety. Aside from the ability to produce a mind-altering state, D-8 THC can act as a potential pain-reliever, sleep aid, and appetite stimulant.    

Where to Buy Delta-8 in Delaware

Unlike its neighboring states, New Jersey and Maryland, which employ more lax hemp laws, Delaware’s hemp CBD laws are murky. Although it appears that hemp cannabidiol (CBD) is legal in the state, its sales and use are hazy. 

But, Delaware’s position on hemp-derived D-8 THC is clear. The Diamond State is one of the many that prohibit the sale of products containing this cannabinoid. As a resident of Delaware, you should avoid buying D-8 infused products until the law loosens up. 

At Mr. Hemp Flower, we offer a range of hemp-derived cannabidiol (CBD) products you can order in the mail. After the passage of the 2018 Farm Bill, hemp-derived cannabidiol products with less than 0.3% THC are legal on federal level. Therefore, the next best option is to get yourself some top-shelf, potent cannabidiol (CBD) products. 

Mr. Hemp Flower believes in the power of whole-plant hemp products made with clean, organic hemp. A popular example is these vegan, sugar-free Full Spectrum CBD Gummies that will definitely pack a punch. Their potency is a sign of the quality of ingredients, product screening, and effectiveness. 

Buying legal, hemp-derived cannabidiol products online is the best option considering the current state of the industry. Online shoppers get the best offers of high-quality products at the lowest prices. Also, online stores make it effortless for you to find information about their products and you can quickly check the brand’s reputation. 

If the law ever loosens up or you’re visiting a D-8 THC friendly state, you can always order Mr. Hemp Flower’s vegan, sugar-free Delta-8 THC Gummies

Continued, Is Delta-8 Legal in Delaware? 

Hemp-derived Delta-8 THC is NOT LEGAL in Delaware. 

After the passage of the 2018 Farm Bill, the Diamond State legalized hemp and any part of the plant, including extracts, cannabinoids, isomers, acids, salts, and salts of isomers when made from hemp material with less than 0.3% THC. But, the state hasn’t clarified its stance on cannabidiol (CBD) sales and use. 

Hemp and hemp-derived (directly extracted from the plant) D-8 THC is technically legal in Delaware because it falls under the 2018 Hemp Farming Act. 

On the other hand, D-8 THC chemically synthesized from hemp-CBD is illegal in Delaware. 

The state classifies any substance that contains any quantity of ANY tetrahydrocannabinols, their salts, isomers or salts of isomers that hasn’t been approved for use by the FDA in its Controlled Substances Act. The state punishes the possession of such a substance by a fine or jail time.

Delta-8 THC and Federal Law 

The hemp industry pushes for regulation instead of prohibition of Delta-8 THC and other hemp-THC isomers. As you may know, most D-8 products on the market are infused with extracts made by converting hemp-derived cannabidiol (CBD) into Delta-8 THC. 

This method of making D-8 THC is the root of the legal confusion. Namely, D-8 derived directly from the hemp plant is legal under federal law. But, because this compound is present in a tiny percentage in the hemp plant, extracting it in its organic form is not financially viable to manufacturers. 

The debate around Delta-8’s legal status on a federal level got heated after the release of the Interim Rule by the Drug Enforcement Administration (DEA). The Rule stated that all synthetically derived tetrahydrocannabinols remain scheduled substances and are illegal to sell. Also, it added that when a compound is considered synthetic the Hemp Farming Act doesn’t have any power over its legality. 

Given the legal uncertainties surrounding the hemp plant and D-8 THC as of lately, everyone assumed that the DEA would crack down on this cannabinoid. The Rule was released in August 2020, and no official response was issued. Now, everyone awaits the Final Rule’s release, which is expected to disclose the compound’s legality. 

The latest response by the federal government was that it “secretly” classified D-8 by placing it in the Orange Book. The book identifies drug products that have been approved by the Food and Drug Administration (FDA) based on their safety and effectiveness. 

Because the FDA hasn’t explicitly clarified its stance on D-8 THC made from hemp-CBD, the debate regarding its legality and whether it’s a “synthetic” tetrahydrocannabinol, is ongoing. 

Bottom line

As of this writing, Delta-8 is NOT legal to buy in Delaware. The Diamond State prohibits the sale of tetrahydrocannabinol products that haven’t been approved by the FDA. Residents of Delaware should avoid buying hemp-derived D-8 products until the law potentially changes.

delta 8 delaware laws

FAQ’s

Is Delta-8 still legal to buy in Delaware?

Delaware doesn’t allow the sale of D-8 infused hemp products.

Where to buy Delta-8 THC in Delaware?

You should avoid buying D-8 products online if you live in Delaware.

Can I order Delta-8 online legally?

Only residents of D-8 friendly states can shop a range of products online safely and legally.

Is Delta-8 THC legal in all 50 states?

No, so far, 16 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, North Dakota, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Is Delta-8 THC safe?

Yes, D-8 is a safe compound if extracted properly. The biggest danger from consuming this cannabinoid comes from buying low-quality, untested products.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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