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Delta 8 THC in Delaware: Is it Legal?

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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?

No, Delta 8 THC is not legal in Delaware

As of writing this (11/03/2020), Delta 8 THC is illegal under Delaware state law.

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

2019 DELAWARE HEMP RESEARCH PILOT PROGRAM

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.

Title 7 – AGRICULTURE. CHAPTER 88 – RESEARCH. SUBCHAPTER VII – MISCELLANEOUS RESEARCH PROVISIONS

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)

TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT

§ 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 cannabaniod 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! Whether it is CBD Moon Rocks, gummies or flower, all of our top-notch CBD is grown in the United States and can be shipped right to your doorstep, safely and discreetly!

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