Delta 8 THC is currently a controlled substance in Delaware.

Although delta 8 THC is legal on a federal level, this cannabinoid is listed as a schedule 1 drug under state regulations and law.

This means people in possession of it may receive the same penalties as heroin, LSD, MDMA (ecstasy), and psilocybin (magic mushrooms).

Delaware recently legalized recreational cannabis use in 2023, so why ban delta 8 THC when adult use now has a legal status?

In this read, we’ll be looking at the laws surrounding delta 8 THC in Delaware and touching on the general cannabis legislation in the state.

Is Delta 8 Legal in Delaware?

No, delta 8 THC is illegal in Delaware.

Delta 8 THC is legal under federal law, thanks to the 2018 Federal Farm Bill. However, Delaware considers this substance a Schedule 1 drug. This means it cannot be distributed, obtained, or consumed in the state legally.

In most states across the United States, delta 8 THC is legal due to the Farm Bill. The Farm Bill makes hemp and its derivatives legal on a federal level. Most states don’t contradict this bill with any local legislation.

You should note that CBD is legal in Delaware and can be accessed by anyone who needs it.

Recreational marijuana has been legal in the state since 2023. Adults are allowed to possess cannabis products, such as an ounce of usable marijuana flower, 12 g of concentrates, and edibles of no more than 750 mg. Do note though that sales will only start in 2025.

Medical marijuana is legal in Delaware, but it’s only available to patients with serious medical conditions.

Is Delta 10 THC Legal in Delaware?

Delta 10 THC is another isomer of THC (tetrahydrocannabinol). It’s a derivative of hemp and is legal federally due to the 2018 Farm Bill.

Unfortunately, Delaware treats delta 10 THC the same as delta 8, so it’s completely banned and considered a Schedule 1 drug.

Do I Need A Medical Card in Delaware To Order Delta 8 THC?

Under Delaware state law, delta 8 THC is illegal, although the state legalized medical marijuana for patients with serious conditions. Delaware enacted legislation in 2023, too, that legalized adult marijuana use.

We can assume that delta 8 THC isn’t available for medical use in the state due to their strict laws on the substance.

There are licensed medical dispensaries scattered around the state that provide different tinctures, vape liquids, topicals, and concentrates. However, after reviewing their product menus, no delta 8 THC products were found; only delta 9 THC extracts and CBD were discovered.

If you want to join the Delaware medical marijuana program, be sure to check out the Division of Public Health’s website. This is the regulatory system that oversees the state’s medical marijuana program and the patients enrolled in it.

Delta 8 Vapes & The PACT Act

One of the most popular ways to consume delta 8 THC is by vaping. It’s the favored method of consumption because when delta 8 THC is inhaled as a vapor, it becomes highly bioavailable. This means the onset of effects is quicker and more intense.

Although delta 8 THC is illegal in Delaware, other cannabinoids such as CBD can be found as vape products. However, it’s important to note that it’s currently illegal for a vendor to distribute vape products to people under 21.

This is due to the PACT (Prevent All Cigarette Trafficking) Act, which requires all vendors of vape products to verify the age of their customers before a purchase is made. This includes vape pens, cartridges, liquids, and other associated products.

Any company that doesn’t ask for age verification before purchasing a vape product is committing a federal crime.

A company that doesn’t follow federal and local laws shouldn’t be trusted because they are likely to conduct unethical practices in other business areas.

Avoid any company that doesn’t abide by the PACT Act. 

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 THC is an isomer of tetrahydrocannabinol. Both delta 8 THC and delta 9 THC are chemical compounds that are extremely similar in structure and bind well to the cannabinoid receptors. The only thing that separates them physically is a double bond in their molecular makeup.

Legalities also separate them. Delta 9 THC is still illegal under federal guidelines, but hemp derived delta 8 THC is considered legal federally, thanks to the 2018 Farm Bill.

Contrary to this, it’s possible to obtain delta 9 THC for medical use under Delaware law. You can also buy marijuana products containing a higher THC concentration. Again, the state has medical and recreational marijuana laws set in place, making cannabis consumption in Delaware legal. On the other hand, delta 8 THC derived from hemp is not currently available for recreational or medical use in the state.

The effects of both types of THC are extremely similar too. For example, users can experience the same relaxing, mind-altering effects from delta 8 as delta 9 THC because the cannabinoid interacts with the same receptors in the brain.

Delta 8 THC is far less potent than delta 9 THC, though.

The effects of delta 8 THC are less intense than delta 9. Therefore, people can experience the mellow effects of THC without the negative effects associated with the cannabinoid, such as paranoia and hyperstimulation.

This makes delta 8 THC a popular choice among people that find delta 9 THC too intense or are looking for relaxation without becoming too impaired during the day.

The 2018 Farm Bill Loophole

The federal government legalized hemp plants and all their parts, including but not limited to flowers, leaves, and hemp derivatives, including major and minor cannabinoids.

According to the federal definition of legal hemp, it is any cannabis plant (Cannabis Sativa L) that contains a THC content of no more than 0.3% on a dry weight basis. Any such plants that contain more than the legal THC limit are considered marijuana plants and are, therefore, federally illegal. 

While these federal regulations boosted industrial hemp cultivation, they also inadvertently pushed psychoactive hemp derived tetrahydrocannabinols like delta 8 and 10 into a legal gray area.

This loophole is why we see many legal yet intoxicating hemp derived THC products on the market today. As long as the inhalable, sublingual, or edible hemp products remain compliant with the existing regulations, then they’re legal.

Because these products can have pretty potent psychoactive effects, their widespread availability has raised public safety and consumer safety concerns.

The fact that we convert hemp-derived CBD into delta 8 also presents additional regulatory challenges for our lawmakers to address.

Delta 8 is a naturally occurring cannabinoid but can only be found in small amounts. Some say the chemical process of converting CBD into delta 8, delta 10, and other THC isomers makes them synthetic cannabinoids.

These issues have divided public opinion, and there’s an ongoing debate about whether more specific regulations are needed to govern these products.

Is Delta 8 THC Natural?

The word “natural” describes a product found in nature and has had no human intervention that alters its structure.

This word is thrown around a lot in the holistic sector, and it’s often used to describe delta 8 THC, CBD, and other hemp-derived products. However, legally, there are no restrictions on when this word can be used.

As long as a product stems from nature, it can be called “natural.”

Most legal experts believe the DEA and other regulators don’t consider delta 8 THC synthetic because it’s found in nature without any human intervention. However, the DEA has never come forward with its official stance on the matter.

This is why it’s important to assess a company’s extraction method and better thoroughly look over their third-party lab results. This will show whether there are any residual chemicals in the products that stem from the extraction process.

How to Use Delta 8 THC

Delta 8 THC can be used in many ways. However, most consumption methods follow the same CBD — edibles, tinctures, capsules, and vape pens.

Delta 8 THC is illegal in Delaware and cannot be purchased legally. However, if you choose to move states or are residing in a legal state in the United States, it’s important to know the difference between delta 8 THC consumption methods.

The most popular methods of consumption are:

1. Edibles
2. Tinctures
3. Capsules
4. Vape Pens

In this section, we’ll briefly overview these popular consumption methods, so you can make an informed decision depending on which method suits you best.

1. Delta 8 THC Vapes

Delta 8 THC can be used in a vape pen. Vape oils or E-liquids containing delta 8 THC extract and vegetable glycerin and propylene glycol are heated and inhaled using vape pens.

Our vape pens use a delta 8 THC distillate with natural botanical-derived terpenes. This makes each puff more potent and eliminates the thick white clouds found in E-liquid-based vaporizers.

When delta 8 THC is inhaled, it’s extremely bioavailable. This means the onset of effects is fast and more intense compared to other consumption formats.

Vape pens are great if you look for fast onset and desire the most intense effects or “most bang for your buck.” However, you should avoid vaping delta 8 THC if you suffer from respiratory illnesses such as asthma.

2. Delta 8 THC Tinctures

Delta 8 THC tinctures combine delta 8 THC with a carrier liquid such as alcohol or oil. Tinctures are applied under the tongue using a dropper where the cannabinoid can be sublingually absorbed.

Onset times are slightly longer than vaping, and you won’t experience any noticeable effects for anywhere up to one hour. However, the effects last significantly longer compared to vaping.

Tinctures are great if you’re looking for dosage flexibility with a relatively fast onset time. Our D8 tinctures featured one-of-a-kind flavors, such as cherry extract infused. Check it out here.

3. Delta 8 THC Edibles

Delta 8 THC edibles are extremely popular. They provide you with a hassle-free way to consume the cannabinoid without having to mess around with a vape or liquid dropper.

They do have to pass through the digestive tract for the delta 8 THC to be absorbed. This means the onset time is extended compared to tinctures and vape pens. However, the effects last much longer once they begin.

If you’re looking for a convenient way to consume delta 8 THC and don’t fancy using tinctures or inhaling vapor, delta 8 edibles are the perfect solution.

4. Delta 8 THC Capsules

Delta 8 THC capsules are similar to edibles because they’re consumed orally and must pass through the digestive tract to be absorbed. This means they have the same onset time and affect longevity as edibles.

The only difference is that they are swallowed with water as you would with any other pill. They’re great if you want an easy way to start supplementing with delta 8 THC and don’t want to mess around with edibles, vapes, or tinctures.

Where to Buy Delta 8 THC in Delaware

Unfortunately, delta 8 THC is illegal in the state of Delaware. Therefore, it’s currently impossible to source the cannabinoid over-the-counter and online.

However, the laws may change in the future as more and more states push to legalize medical and recreational marijuana.

When the time comes, the best place to purchase delta 8 THC in Delaware will be online. 

Purchasing delta 8 THC online can save you money. When you go directly to the manufacturer, you’ll be able to access discounts, coupons, and special offers that aren’t available in stores.

Buying online also allows you to look into the company, view its product descriptions, and review hemp sources and extraction processes.

The most beneficial part of buying this cannabinoid online is the ability to view third-party lab results.

Third-party lab results come from third-party testing. Any reputable company will send their products off for testing at a lab that isn’t owned or controlled by the organization. The company should openly display these results on their website for customers to view.

These lab results will show the percentage of delta 8 THC present and any other cannabinoids and/or terpenes present in the extract. In addition, they should also show whether there are any residual chemicals and solvents in the extract.

Any reputable company will openly display their third-party lab results because they should have nothing to hide. Conversely, a company that isn’t transparent in this respect shouldn’t be trusted.

If a company doesn’t provide third-party lab results for their products, you should avoid purchasing from them. It’s likely the extracts don’t contain the levels of delta 8 THC stated in their descriptions.

What’s The Future of Delta 8 THC in Delaware?

The near-term future of delta 8 THC in Delaware isn’t so bright. Unfortunately, this cannabinoid is illegal under local legislation, and there aren’t any bills in place that could change this soon.

However, the hemp and cannabis industries have an evolving nature. As more and more states push for the legalization of marijuana and other hemp-derived cannabinoids, we can assume that Delaware will follow suit and legalize hemp-derived psychoactive cannabinoids.

FAQs on Delta 8 and Other Cannabinoids in Delaware

Want to know the status of delta 8 and other cannabinoids in Delaware? Then check out this short list of questions and answers below.

1. Is Delta 9 Legal in Delaware?

Delta 9 is legal in Delaware, both hemp and marijuana derived. The state legalized medical and recreational use in 2011 and 2023, respectively.

2. Is Delta 8 Banned in Delaware?

It’s illegal to buy and consume delta 8 in Delaware. The state considers it a Schedule I drug. Several states have also banned delta 8, including California, Colorado, and Rhode Island.

3. Is Delta 10 Legal?

Delta 10 is also illegal in Delaware. The state laws that govern delta 8 also cover delta 10 and other hemp-derived THC isomers.

4. Is CBD Legal in Delaware?

CBD is legal in Delaware, whether sourced from industrial hemp or marijuana.

5. Is HHC Legal in Delaware?

HHC is also illegal in Delaware. Again, the state bans the sale and use of hemp-derived psychoactive cannabinoids.