Is Delta-8 THC Legal in Delaware?

By | Updated on April 11, 2023

Evidence Based 4

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Delaware is fairly strict when it comes to delta 8. It’s considered a controlled substance just like any form of THC. Here’s a closer look at delta-8 THC legality and its future in the First State.


Delta-8 THC is illegal in Delaware. All forms of THC are controlled in the state.

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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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

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.

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