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

Delta 8 delaware

Now that Delaware has legalized marijuana, is hemp-derived delta 8 THC legal to buy? Let’s look at the current hemp laws in Delaware.  

Last Update: April 12, 2024


  • Hemp-derived delta 8 THC is not legal in Delaware.
  • The state legalized marijuana in 2023 but still prohibits the sale, possession, and use of delta 8 THC products.
  • Delaware’s law doesn’t make exemptions for tetrahydrocannabinols in its Controlled Substances Act, making delta 8 THC from hemp prohibited.
  • You cannot legally order delta 8 THC online or buy it in a local dispensary if you live in Delaware.
  • The best alternatives for delta 8 THC products in this state are full spectrum CBD gummies and legal delta 9 THC gummies with less than 0.3% THC.

Is Delta 8 THC Legal in Delaware? 

Hemp-derived delta 8 THC is not legal in Delaware.

The state doesn’t exempt hemp THCs from the list of controlled substances. It also prohibits the sale of tetrahydrocannabinols or other isomers that are not approved for sale by the Food and Drug Administration (FDA).

After the passage of the 2018 Farm Bill, the Diamond State legalized hemp (SB 266) 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. Soon after, the state established a hemp program

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

On the other hand, delta 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.

Where to Buy Delta 8 THC in Delaware?

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 delta 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, you can always order Mr. Hemp Flower’s vegan, sugar-free delta 8 THC gummies.

 Read more: State-by-State Legality of Delta 8 THC

What is Delta 8 THC? 

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  delta 8 THC is that it causes a mildly euphoric intoxication without the adverse effects of extreme paranoia and anxiety.

Aside from the ability to produce a mind-altering state, delta 8 THC can act as a potential pain-reliever, sleep aid, and appetite stimulant. 

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 D8 products on the market are infused with extracts made by converting hemp-derived cannabidiol (CBD) into delta 8 THC. 

This method of making D8 THC is the root of the legal confusion. Namely, D8 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 D8 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 D8 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 D8 THC made from hemp-CBD, the debate regarding its legality and whether it’s a “synthetic” tetrahydrocannabinol, is ongoing. 

Final Thoughts

Delta 8 THC 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 D8 products until the law potentially changes.

delta 8 delaware laws

Be Sure to Check Out: 

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

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

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

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.

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. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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