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Delta 8 is illegal in Delaware. All forms of THC are controlled in the state, including delta 8.
Here’s a closer look at delta-8 THC legality and its future in the First State.
If you want to buy high-quality delta 8 THC products, we recommend Extract Labs. It’s a transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.
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Delaware Delta 8 THC Laws
Tetrahydrocannabinol (THC) is the cannabis compound that gets you high. It comes in several forms. Delaware’s Controlled Substances Act considers marijuana and all tetrahydrocannabinols schedule 1 controlled drugs:
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 Controlled Substances Act
Since delta 8 is a type of THC, it falls under this definition and is therefore illegal in the state.
What is Delta 8 THC?
Most people are familiar with delta-9-THC, which is usually the most abundant cannabinoid in cannabis.
Delta-8 (delta-8-tetrahydrocannabinol) is a less common form of THC. Cannabis plants produce less than 1% but you can also make delta-8 from CBD.
Both delta-8 and delta-9 can get you high, causing euphoria, relaxation, and other effects (1). But delta-8 is weaker and less likely to make you anxious.
Why Delta 8 THC is Federally Legal
The 2018 Farm Bill federally legalized hemp products in the United States. The bill limits hemp products to 0.3% delta-9 THC but has no limit for delta-8 THC.
It’s possible to make delta-8 THC from hemp-derived CBD through a chemical process. This delta-8 is legal under the bill’s definition of hemp, even if it’s considered a loophole.
States Where Delta-8 THC is Illegal
Each state can create its own delta-8 laws and some have chosen to ban it.
Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
The Future of Delta 8 THC in Delaware
For now, delta-8 THC is illegal in Delaware. But that could change in the coming years.
The state tried to legalize recreational cannabis in 2021 but the bill was stalled due to disagreements. That means cannabis could become legal in Delaware in the future.
If that happens, there’s a good chance that delta-8 THC will be regulated in the same way. But we’ll have to wait and see.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.