Legal Delta 9 THC Gummies and Delaware’s Hemp Law

Delta 9 Delaware

Delaware has an active hemp cultivation program, but lacks rules and policies for hemp-derived products. If you want to try legal, low-THC products — like the brand new delta 9 gummies — but are unsure about their legality, we’ve got answers. 

Can you order delta 9 THC gummies derived from hemp in the Diamond State? Let’s look at legality and where to buy.


  • Hemp-derived delta 9 gummies with less than 0.3% THC are legal in Delaware. 
  • The state legalized hemp under SB 266, but the sale, use and possession of hemp products remains unregulated. 
  • Delaware’s law doesn’t explicitly ban or restrict the sale of hemp delta 9 gummies with less than 0.3% THC. 
  • You can lawfully purchase your package of delta-9 THC gummies from specialized online shops, like Mr. Hemp Flower, or local dispensaries.
  • Recreational marijuana has been legal in this state as of April 2023.

Where to Buy Hemp Delta 9 Gummies in Delaware?

Specialized online shops, like Mr. Hemp Flower, are the ideal place to buy hemp delta 9 gummies in Delaware. 

Our gummies are a premium formula that brings you the entire hemp plant profile in a bite. These bite-size gummies are enriched with a pure and tested hemp-derived whole-plant extract that contains less than 0.3% delta 9. Don’t let the high THC dose per gummy confuse you. THC concentration in these gummies is less than 0.3% by dry weight. 

This extract is also rich in CBD, blended with naturally derived, primary and secondary terpenes. So, you’re getting a carefully crafted, sugar-free, vegan-friendly formula that builds up to the entourage effect. 

That said, hemp-derived CBD products with no more than 0.3% delta 9 are legal in Delaware. If you’re interested in trying other gummies from our whole-plant line of products, consider unique cannabinoids like CBG and CBN. 

Our full spectrum CBN gummies contain over 40mg CBD and 7mg CBN, formulated to bring you deep sleep and relaxation. They are enriched with a range of naturally derived terpenes that contribute to the relaxing effects. If you’re a first-time user, start with half a gummy and wait for them to work. Gummies can take up to an hour to develop full effects, so you should wait before taking more. 

Are Hemp Delta 9 Gummies Legal in Delaware?

Yes, hemp delta 9 gummies with less than 0.3% THC are legal in Delaware — with some restrictions. 

In Delaware, hemp-derived products, including gummies with less than 0.3% THC, are legal to buy. The state doesn’t explicitly prohibit the sale of hemp delta 9 gummies with less than 0.3% THC. 

Although hemp-derived products are legal in Delaware, it’s important to note that the state hasn’t regulated their distribution and sale. Delaware passed Senate Bill 226 after enacting the 2018 Farm Bill, giving authority to the Delaware Department of Agriculture to adopt rules and policies that allow hemp cultivation. 

This bill focuses on the growth, cultivation, and distribution of the hemp plant, which the Department of Agriculture closely regulates. The law doesn’t make specific reference to hemp-derived CBD products, leaving the market relatively unrestricted. 

Delaware has had an active medical marijuana program since 2011, established under the Delaware Medical Marijuana Act. Although cannabis for recreational purposes remains illegal, the state decriminalized the possession and private use of up to an ounce of cannabis (HB 39). 

Read more: State-by-State Hemp Delta 9 Gummies Legality Guide

What is Hemp-Derived Delta 9 THC?

The hemp plant is a legal variety of cannabis with a predominantly non-intoxicating chemical profile. The prominent cannabinoid in hemp is cannabidiol (CBD), while delta 9 THC is present in concentrations of less than 0.3%. Hemp (and its cannabinoids) was legalized under the 2018 Farm Bill for commercial purposes. 

Because all hemp cannabinoids are legal, if extracted from the plant in a concentration of no more than 0.3%, delta 9 is also permitted. Low-THC products have milder effects and bring the user relief from stress, help with sleep and relaxation, low appetite, and pain.  

Legal Delta 9 THC and Federal Law

The Farm Bill of 2018 legalized hemp as a non-intoxicating Cannabis sativa variety that contains no more than 0.3% THC by weight. 

As a result, delta 9 extracted from federally compliant hemp can be lawfully used in products. To be legally sold in most states, the products must not have over 0.3% delta 9 by weight. 

It’s currently less of an issue to use THC in food products than CBD. Namely, the FDA considers CBD an adulterant if used in food because this cannabinoid is an already approved epilepsy drug. Under the “drug exclusion” rule, substances approved as drugs cannot be used in food products. 

This is possible thanks to the legalization of hemp on a federal level. The Farm Bill of 2018 removed hemp and hemp tetrahydrocannabinols from the list of controlled substances. Now, sellers can offer products with low levels of THC (under 10mg) to consumers without crossing the federally allowed threshold. 

Regarding CBD, the FDA tolerates its use in products as long as they are not marketed under health claims or as a dietary supplement. The Farm Bill of 2018 defines hemp as:

“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 a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis [1].”

This definition distinguishes hemp from marijuana, which is still illegal federally. In addition, THC from marijuana is also a controlled substance and is only used in states where medical and recreational cannabis is permitted. 

Delta 9 Delaware Laws

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Delta-9 THC FAQ

Yes, delta 9 THC in a concertation of less than 0.3% is legal under the 2018 Farm Bill and in most states.

Delta 9 is more potent than delta 8 in terms of intoxication. Delta 8 is twice less intoxicating and produces a milder effect.

Delta 9 will get you intoxicated or “high.” Specifically, hemp-derived products are more likely to get you high than hemp flower because products contain higher and more concentrated THC levels.

It does. The hemp plant contains no more than 0.3% delta 9 THC, as per the Farm Bill of 2018.

Technically, delta 9 is legal in all 50 states. But some states haven’t aligned the law with federal law and don’t allow the sale of hemp-derived products with THC.

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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