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Delta 8 THC in Delaware: Is it Legal?

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Delaware law permits hemp-derived products that contain CBD, Delta-9 THC, and other cannabinoids, but not Delta-8. Delta 8 THC is a unique cannabinoid found in the hemp plant that has seen rapid expansion in popularity nationwide with promising results in both the medical and recreational fields. While Delta 8 THC has some properties familiar to the main chemical found in marijuana, Delta 9 THC, it has completely different effects along with generally less potency towards its users.

But is Delta 8 THC legal in Delaware?

Related article: What is Delta 8 THC?

You Can Buy Select Spectrum in Delaware

You can't buy Delta-8 in Delaware, but you can buy Select Spectrum. So what exactly is Select Spectrum? Developed by Hometown Hero, it's a hemp-derived blend that contains, CBD, Delta-9 THC, and other cannabinoids. When isolated, cannabinoids have their own properties. When together, they can bring out the best in each other. This is called the entourage effect and this blend is meant to promote this effect. 

Per Select Spectrum gummy, there is 10mg of CBD, 10mg of Delta-9 THC, and other minor cannabinoids. All of the cannabinoids used in Select Spectrum products are derived from hemp. Plus, the Delta-9 THC content does not exceed the federal limit of 0.3% concentration on a dry weight basis. This means that they are federally legal and can be bought online. So if you're in Delaware, and you're looking for a hemp-product with effects that are around the same range as Delta-8, we recommend Select Spectrum. But as always, start off with small amounts. 

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No, Delta 8 THC is not legal in Delaware

As of writing this (7/29/2021), Delta 8 THC is illegal under Delaware state law.

The following bills highlight why Delta 8 THC is illegal in Delaware.


Hemp is 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 the federally defined delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.


Sec. 5940 – Legitimacy of industrial hemp research (b) Definitions

(2) “Industrial hemp” The term ‘‘industrial hemp’’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(Full Bill)


§ 4701 Definitions [January 1, 2020].

(28) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include products approved by the US Food and Drug Administration.

§ 4714 Schedule I.

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(19) 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;

(Full Bill)

Delaware and The Future of Hemp

If you want to see a change in these laws, we recommend you voice your opinions to your local and state lawmakers. Unfortunately, Delaware doesn't have the same laws as Delta 8 THC in Pennsylvania, Delta 8 THC in Maryland, and Delta 8 THC in New Jersey. Hopefully, someday soon, this new little cannabinoid will be available for everyone in Delaware.

Even though Delta 8 THC might be illegal in Delaware, we still got you covered with our High Times Hemp Cup Award-Winning CBD and our Select Spectrum products! Whether it is CBD Moon Rocks, CBD flower, or Select Spectrum gummies all of our cannabinoids come from hemp that is grown in the United States and can be shipped right to your doorstep, safely and discreetly!

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