Is Delta 8 Legal In Delaware? Exploring Delta 8 And Hemp In The First State

delta 8 thc legal in delaware

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It’s no secret that the legal status of cannabis in the United States has been an enormous success. With states like Colorado and California making big money from legal weed, it seems inevitable that other states will follow suit. But what about Delaware? Is Delta 8 THC legal in Delaware? This blog post will help you find out everything you need to know.

LEGAL DISCLAIMER
The legal status surrounding Delta 8 THC is constantly changing. We always strive to do our best to give you the most updated information. We recommend that you always check your current state law before purchasing any hemp-derived products (CBD, THC) in Delaware. The data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due. Always seek your doctor’s advice if you are in doubt or are currently taking any prescription medications. 

Main Takeaways:

  • Is Delta 8 THC legal in Delaware? Unfortunately, no. It’s currently a controlled substance.
  • Delta 8 is just one of the many types of cannabinoids found in the plant Cannabis Sativa.
  • Many people prefer shopping online rather than dealing with third-party vendors.
  • The first thing to know about Delta 8 laws in DE is that they are very strict.
  • The 2018 Farm Bill explicitly states that hemp cannabinoids are legal, but often the DEA can override US policy on a whim; however, nothing is ever set in stone if/ when they do.
  • Delta 8 THC is currently federally legal in the United States.
  • Delta 8 is a safe buy compared to some other cannabis products.


So, is Delta 8 THC Legal In The First State, Or A Controlled Substance?

Let’s see what this state has to say about this THC compound. Unfortunately, Delta 8 THC is illegal in Delaware. Although the federal government has legalized it alongside CBD, every state is responsible for making its hemp laws, and thus far, Delaware has not legalized the use of Delta 8 THC.

What is Delta 8 THC?

So what is this new THC compound? Delta 8 is just one of the many types of cannabinoids found in cannabis Sativa. Delta 8 cannabinoids interact with your endocannabinoid system (ECS), which is responsible for balancing all sorts of functions like mood, sleep, appetite, immune system responses, metabolism, and more. When Delta 8 THC interacts with your ECS, it can help to relax muscles, relieve pain, improve memory and even reduce epileptic seizures based on past research. (1)

Where Can You Buy Delta 8 THC In DE?

Since the state has banned Delta 8 THC, it might be hard to find it when it’s classified as a controlled substance in Delaware. Therefore, there will not be legal means of acquiring it unless you have a medical marijuana card. That said, you can still find various products such as full spectrum or just pure CBD products. 

Many people prefer shopping online rather than dealing with third-party vendors. BiowelnessX is just that, an online company. Our federally legal hemp products are made in compliance with the 2018 Hemp Farming Act. Our Full Spectrum products, such as our Mellow Drops, contain Delta 9 THC below 0.30%, making them legal in DE. Check out any of our other Full Spectrum and CBD products for sale

Delta 8 THC Laws and Regulations

In the last few years, Delaware has been surrounded by states that have legalized Delta 8 THC. Three of its neighboring states (Pennsylvania, Maryland, and New Jersey) have all relaxed their hemp laws to allow Delta 8 THC in certain products. But despite being so close to legalizing it themselves, Delaware remains pretty hazy on how they’ll enforce these new rules.

As a result of this uncertainty, many people wonder what will happen if they cross state lines with CBD-containing products from one of those other legal states into Delaware. The first thing to know about Delta 8 laws in DE is that they are very strict. Products that contain any amount of tetrahydrocannabinols (THC) or its isomers are Schedule I controlled substances. The only exception is THC products that are FDA approved, like various pharmaceuticals that are only available by prescription.

Here are a few excerpts from DE state laws:

THE 2019 DELAWARE HEMP RESEARCH PILOT PROGRAM

The Hemp plant also called Cannabis sativa L., and any part of the plant, including both seeds and all derivatives, extracts, cannabinoids, acids, isomers, salts, and salts of isomers. Whether it’s growing or not, with federally defined delta 9 THC concentration not more than 0.3% on a dry weight basis, or THC concentration for hemp as defined in 7 USC sec 5940, whichever is the greatest.

Title 7 – CHT 88 – RESEARCH SUBCHAPTER VII – MISC RESEARCH PROVISIONS

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

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

TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT

  • 4701 Definitions [January 1, 2020].

(28) “Marijuana” means all parts of the Cannabis sativa L. plant, whether it is growing or not, the seeds thereof, and the resin extracted from any part of the “Marijuana” plant. Every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or edibles 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 edibles, 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 controlled 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 containing any quantity of marijuana or tetrahydrocannabinols, their salts, isomers, or salts of isomers and is not approved for use by the US Food and Drug Administration.

The DEA And Hemp Companies, Do Both Follow The Rules?

Unfortunately, we have seen cases where government institutions like the DEA state that hemp manufacturers use fake COA reports to get their Delta 8 THC approved. That might well be the case or was the case, especially in the beginning when Delta 8 started to flourish the marketplace. Many manufactures didn’t have the exact process to make a compliant delta 8 oil distillate. In most cases, it would come out with several points over the legal delta 9 THC limit, which turned into a finished product that would then be illegal to sell. Still, many vendors did… and we are sure many still are.

The 2018 Farm Bill explicitly states that hemp cannabinoids are legal. Still, the DEA regularly overrides US policy on a whim, which causes a lot of unease in the hemp industry, especially those dealing with these new compounds. Ultimately, extraction methods are naturally based, meaning they will result in no artificial THC in any way. Hemp manufacturers are already defending themselves, and many say they comply by deriving Delta 8 THC from hemp in a completely legal form under the Farm Bill. It’s up to each to follow the right guidelines set, especially when dealing with a grey area like THC.


For additional details on the bill, here’s a snippet:

CH 557 – HEMP NRS 557.160 “Hemp” defined as

1. “Hemp” means any hemp plant of the genus Cannabis sativa L. and such plant, including, without any limitation, the seeds and all derivatives, cannabinoids, isomers, extracts, acids, salts, and salts of isomers, growing or not. THC concentration or compound that does not exceed the maximum THC concentration established that is agreed by the federal law for hemp.

2. “Hemp” does not include any commodity at all or products made using hemp or related.

Federal Register / Vol. 84, No. 211 / Thur, Oct 31, 2019 / Rules and Regulations 7 CFR Part 990

For this part, and as defined in the 2018 Farm Bill, the term “hemp” means that the plant Cannabis sativa L. and any part of such plant, including, without any limitation, the seeds and all derivatives, cannabinoids, extracts, isomers, acids, salts, and salts of isomers, growing or not, delta 9 THC (tetrahydrocannabinol) concentration of not more than 0.3% on a dry weight basis.

“THC” is defined as. [Effective June 30, 2020.] “THC” has the meaning ascribed to in NRS 453A.155.

NRS 557.180

“THC” is defined as. July 1, 2020. “THC” has the same meaning ascribed to it in the NRS 453.139.

CHAPTER 453 – CONTROLLED SUBSTANCES

NRS 453.096 “Marijuana” is defined as.

1. “Marijuana” means:

(a) All parts of of the genus Cannabis plant, whether it is growing or not;

(b) The seeds included;

(c) The resin extracted from any part of this plant, incl concentrated cannabis; and

(d) Every compound hereof, manufacture, derivative, salt, mixture, or preparation of this plant, its seeds, and resin.

2. “Marijuana” as defined does not include:

(a) Hemp, as explained NRS 557.160, which is grown or even cultivated according to the provisions of chapter 557 of NRS or commodity, a product made using such hemp; or

(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

NRS 453A.155

“THC” means delta-9-tetrahydrocannabinol, which is the primary active ingredient in marijuana.

NRS 453.139

“THC” defined. “THC” means:

1. Delta-9-tetrahydrocannabinol;

2. Delta-8-tetrahydrocannabinol; and

3. The optical isomers of such substances.


What Other States Have Put A Ban On Delta 8?

Even though Delta 8 THC is federally legal in the United States, there are currently 11 states that have put a ban on it; Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. And another 7 states where it’s currently in a somewhat grey area. Rest it’s fully legal, but it may change in the absence of a decision by state legislative branches to classify it as a dangerous drug. Each state has the right to implement its regulations regarding medical and recreational marijuana. As always, you should check with the local laws before buying or consuming Delta 8 THC.

Is Delta 8 safe To Buy?

Delta 8 is a safe buy compared to some other cannabis products. It’s understandable why people would ask if Delta 8 is safe to buy. It can be pretty tricky, and we hear about other random products all the time that causes harm. Cannabis specifically has been known to cause many adverse reactions due to its high level of psychoactivity (which can change a person’s mood, thoughts, consciousness, etc.), leading to people trying new things without thinking through.

delta-8-in-delaware-1

Final Thoughts

With delta 8 THC growing in demand nationwide, residents of Delaware still have to wait for it to hit the state… With strict rules in place, there might go a while until that happens, if ever. On a more positive note, there are many great alternatives when it comes to hemp-derived compounds, which offer many of the same benefits as Delta 8 THC does. So if you are a little bumped about the rules in this state, we suggest looking into some of our other full-spectrum products that are offered in our online shop. 

Check out the following:

Full Spectrum CBD Gummies… These are an all-time favorite among our staff for a good reason. 

Looking for something a little stronger that could help put you quicker to bed, you should look into our CBN Gummies. They use the same full-spectrum oil as our full spec gummies but with added CBN distillate oil which is a potent sedative. 


References:
2019 Delaware Hemp Research Pilot Program- Hemp Program – Delaware Department of Agriculture – State of Delaware
2018 Hemp Farming Act- H.R.5485 – 115th Congress (2017-2018): Hemp Farming Act of 2018 | Congress.gov | Library of Congress

Frequently Asked Questions

What is the legal age to buy Delta 8?

Most retailers require you to be 21 to purchase Delta 8 THC and any other THC, CBD, and hemp products.

What's the dealio? Can I buy Delta 8 in DE?

As you might have read, delta 8 is not that easy to get your hands on if you live in this state... The reason being its is a controlled substance, and the state is tough on its regulations.

Can I legally buy Delta 8 online?

If you live in a Delta 8 friendly state, then yes. Otherwise, check your local laws on hemp-derived products, or visit our online shop and find any NON-THC or Full Spectrum products that contain delta 9 THC below 0.3% of total dry weight.

Is Delta 8 safe?

Be responsible as you are dealing with a potent THC compound. It is safe but always bought from a trusted source. You'll want to know what is precisely in your hemp products. Also, please don't overdo it. Start small and increase as needed.

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