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Delta 8 THC State Laws > Is Delta 8 THC Legal In Delaware? Where to Buy It?

Is Delta 8 THC Legal In Delaware? Where to Buy It?

January 18, 2023

Is Delta 8-THC Legal In Delaware - BiowellnessX
Table of Contents

As of now, there is a lot of confusion and misconceptions surrounding the legality of Delta-8 THC in Delaware. Some say it’s legal, while others are convinced it’s a controlled substance. So, what’s the truth? Let’s take a closer look at the laws surrounding Delta 8-THC in Delaware and see where things stand.

Main Takeaways:

  • Delta-8 THC is currently a controlled substance in Delaware.
  • Delta 8 THC is currently federally legal in the United States but not in all states.
  • Delaware hemp laws allow for other hemp compounds with less than 0.3% Delta-9 THC.
  • According to Delaware State laws, hemp-derived products without any trace of THC should be legal.
  • You can find legal Delta-9 and full-spectrum products in Delaware and shop them online.

Unfortunately, Delaware is no friend of Delta-8 THC! Even though the State law does allow hemp and hemp-derived products, Delaware State law holds substantial restrictions on some compounds with THC-specific chemical designation, which includes Delta 8 THC. But there are other options that are legal, so keep reading.

Hemp Laws In Delaware:

The miscellaneous research provisions sec. 5940 of the Delaware State law has industrial hemp defined as; the plant cannabis Sativa l. containing less than 0.3% Delta-9 THC.

Any plant material, compound, combination mixture, a synthetic substitute, sterilized seed, resin extracted therefrom, and fiber produced by such plant containing more than the allowed Delta-9 THC percentage will be categorized as marijuana under the Uniform Controlled Substances Act.

Why Is Delta-8 Not Permitted in Delaware Even Though It Comes From Hemp?

Basically, the State legalized hemp following the federal law of maximum Delta-9 THC, thinking that it won’t have high concentrations of hallucinogenic substances. (I Guess they didn’t read the fine print of industrial hemp research. LOL.)

So, when they realized that other THC compounds with more than 0.3% concentration would be legal as well, the State decided to keep the hemp plant and Delta-9 THC legal but only restrict other THC compounds.

If you want to get into the nitty-gritty of the law, basically any compound, resin extracted, or seeds thereof that contain any quantity of the following hallucinogenic substances, marijuana or tetrahydrocannabinol (THC) isomers are illegal unless specifically excepted for medications approved by the FDA or hemp products with less.

Bottom line: the only THC allowed in the State is Delta-9 THC, with a concentration below 0.3%.

Can You Buy Delta-8 THC In Delaware?

Delaware has no chill when it comes to anything related to other THC products, like Delta 8 THC! The State won’t even let a sliver of the good stuff pass through, so getting your hands on some is next to impossible unless you have a medical marijuana card.

BUT!! Don’t give up just yet; there might be a sneaky loophole for you to get buzzed in Delaware.

Delta-8 Alternatives In Delaware - BiowellnessX

Delta-8 Alternatives In Delaware

Following the State law, federally compliant full-spectrum products with legal Delta-9 THC limits are legal and good to go, such as:

Mellow Drops Full Spectrum Gummies

Focus Gummies Full Spectrum Gummies

Chill Out Capsules

Night Time Capsules

CBD Oil Tincture

But if you’re looking for a buzz, then we might have something for you yet.

Delta-9 THC Is Legal In Delaware

The State doesn’t like other THC compounds because lots of companies use high concentrations, more than the 0.3% that applies to Delta-9 THC. So they basically thought, hey! We’ll ban the rest of the THC family but only keep federally compliant Delta-9 THC products.

So what is HHC? Not to be confused with THC (tetrahydrocannabinol), HHC stands for Hexahydrocannabinol and is the latest craze in the alternative health community.

HHC is like THC cousin, where it gets you super buzzed but without carrying the same family name.

Since the State law specifically mentions THC or tetrahydrocannabinol and doesn’t mention HHC, it could be legal in Delaware since it has zero THC.

But please, check with the local laws if HHC may cause you a headache with law enforcement.

What Are The Effects of HHC?

HHC has some great pain-relieving abilities along with a strong, clear-minded high. Studies show that the most prominent effects of HHC are stimulating euphoria and increased focus.

Now many do report that HHC reminds more of a Sativa-feeling than anything else, so if you like a good Sativa-strain and want to get a productive high, then our HHC+CBG Gummies will be right up your alley.

What About any HHC side effects?

As it turns out, there’s no one-size-fits-all answer. Because everyone’s body is different and reacts differently, the side effects of HHC can vary widely from person to person.

HHC, better known as ‘the good stuff,’ can produce some interesting side effects. However, more severe side effects, such as paranoia or anxiety attacks, may occur if larger doses are consumed.

Fortunately, these side effects are temporary and not known to be particularly dangerous, and if you follow the dosing directions, you should be A-O-K!

If you are near or live in any of the cities below, you can more than likely find legal hemp-derived products in Delaware:

  • Smyrna
  • Newark
  • Wilmington
  • Felton
  • Lewes
  • Rehoboth Beach

Shop Online With Ease

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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, it might be a while until that happens, if ever.

On a more positive note, many great alternatives to hemp-derived compounds offer many of the same benefits as Delta-8 THC, as explained throughout this article. Yes, Delta-8 THC might be restricted. However, you can still enjoy products like HHC Gummies, Delta-9 Gummies, and all the federally compliant full-spectrum products with no issues.

Shop hemp products in Delaware online with BiowellnessX

Other articles you might find relevant:

Is HHC Legal In My State, with current rules and regulations?

Is Delta 10 THC legal In Delaware now now Delta 8 restricted?


  1. Hemp Program – Delaware Department of Agriculture
  2. Hemp Production and the 2018 Farm Bill
  3. House Bill 150
  4. The Controlled Substances Act

What is the legal age to buy Delta products?

Most retailers require you to be 21 to purchase Delta 8, 9, 10, and any other THC, CBD, and industrial hemp products.

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 some of our NON-THC options.

Is HHC 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.

What products can I buy in Delaware instead of Delta-8?

You can try some Delta-9 gummies, full-spectrum products with less than 0.3% Delta-9 THC, and HHC might be legal as well.

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