Delta 8 THC is not legal in Delaware

If you have even a passing interest in the hemp and cannabis plants and all of the various cannabinoids they contain, you’ve more than likely heard about Delta 8 THC.

This newly harnessed cannabinoid has exploded in popularity in recent years, with products of all kinds containing the psychoactive substance coming out on what seems like a daily basis.

But what is Delta 8 THC exactly, and why has it become such a hot topic in the world of cannabinoids? To help you get a better idea of the answers to those questions, we’ve compiled this comprehensive Delta 8 guide.

Is Delta 8 THC Legal in Delaware?

No, Delta 8 THC is not legal in the State of Delaware.

This is in spite of the 2018 Farm Bill that made any form of commercial hemp with less than 0.3% of Delta 9 THC Legal. Many states have followed federal regulation, while many other politically driven states have made their own changes outlawing different synthetics like Delta 8 or Delta 10 THC.

With the definitions written in Title 16 Health and Safety, Delta 8 THC is illegal in Delaware. Delaware has multiple restrictions for THC, which clearly makes Delta 8 illegal.

Under § 4902A. Definitions of the Law, it states:

“Cannabidiol-rich medical marijuana” or “CBD-rich” means a marijuana strain or product formulization that has elevated levels of cannabidiol (“CBD”) and contains the profile of CBD and tetrahydrocannabinol (“THC”) concentrations approved by the Department, based upon the recommendation of the Medical Marijuana Act Oversight Committee.

In § 4764, it states:

Nothing contained herein shall be construed to repeal or modify any law concerning the medical use of marijuana or tetrahydrocannabinol in any other form, such as Marinol, or the possession of more than 1 ounce of marijuana, or selling, manufacturing, or trafficking in marijuana.

Under § 4714. Schedule I., it states:

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

Delaware does not permit possession of any amount of THC, or their derivatives.

Is a Medical Card Needed in Delaware to Order Delta 8 THC?

As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase.  Therefore, even with a Medical Card for Delta 9 THC, you’re still not able to buy these products.

Delta 8 THC Flower
Delta 8 THC Gummies
Blue Sky Farms CBD Pain Salves

What is The Difference Between Delta 8 & Delta 9 THC (Marijuana)?

There are plenty of differences between Delta 8 and traditional pot. For starters, marijuana is a full-on plant, while Delta 8 is simply a chemical component of that plant.

While there is Delta 8 THC flower, it must be created through a relatively complex process, whereas marijuana can grow out of the ground entirely by accident and has done so for countless millennia.

If you’re speaking about the two as products, then Delta 8 and marijuana are relatively similar. You can consume both of them in various ways to enjoy their similar psychoactive effects and potential health benefits.

However, marijuana’s main psychoactive component is Delta 9 THC, which is stronger than Delta 8, so experiences when using the two can vary relatively widely.

Different Types of Delta 8 Usages

Like CBD and traditional marijuana there are different ways to take Delta 8 products with different companies specializing in specific forms.  Like Stardust Hemp specializes in high quality Delta 8 THC flower, and others that focus on gummies or other edibles, tinctures and vapes.


Tinctures are created by using Delta 8 THC distillate as a base carrier, typically with an alcohol-soluble combining as the common base. However, the better companies use MCT oil as the base carrier oil.

These products have a more rapid absorption rate as they are used sublingually underneath the tongue.

D8 Gummies

These edibles are similar to tinctures and capsules, but they use a gelatin or tapioca and fruity flavoring.

Our Delta 8 THC gummies are made with tapioca with high quality manufacturing processes to ensure a quality product and they are all 100%. These Vegan Delta 8 Gummies are some of the most popular on the market right now.

Delta 8 Vape Carts

These vape cartridges are made with D8 THC distillate and are typically disposable.  These are really popular as they are simple to use and you can take a quick hit when you feel like it with quick effects.

Is Delta 9 (Marijuana) Legal in Delaware?

Delta 9 THC, or marijuana, is only legal in Delaware for serious health conditions, and is not legal for recreational use.

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