Is Delta-8 Legal in Delaware flag

Is Delta-8 legal in Delaware

Hemp-derived Delta-8 THC does not appear to be legal in Delaware for now.  Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is a substance from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system.

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work on the cannabinoid receptors throughout the human body. ​​The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, and memory, and in mediating the effects of cannabis [1].

Delta-8 is a very popular THC product used for therapeutic and personal needs. In some places legislators understand its benefits and are onboard with federally-legal Delta-8, but not all of Delaware’s legislators are ready to ride the D-8 wave.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.

The molecules that make these three types of THC are very similar in form. A small structural difference is variation in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth carbon chain.

These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, though typically at lower levels.

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What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “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 a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, which comes from the cannabis plant. Industrial hemp research has brought the industrial hemp industry into the mainstream in recent years, and changed the laws of what is and isn’t legal in Delaware. Hemp products, and hemp defined as what’s under the 2018 Farm Bill, resin extracted from Hemp such as CBD Oil is legal in Delaware as long as it’s under .3% Delta-9 THC.

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `hemp’ means 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 a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

How do you buy high quality Delta-8?

The best way to buy from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The processing standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

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For best reliability, producers should use third-party lab testing and publish the results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including all strains of our premium Delta-8 Vape Cartridges

Where is Delta-8 THC legal? 

Based on the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant provided  they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their borders. It’s confusing for Americans but is the current situation.

Learn about legal status of hemp-derived Delta-8 THC in all 50 states here: Is Delta-8 Legal in Your State?

Where to buy Delta-8 in Delaware

Delaware residents may not be able to purchase Delta-8 from retailers in their state currently, even though it is legal per the federal Farm Bill. If the state passes its adult-use recreational bill this year (see next section), maybe things will change.

For federally-compliant Delta-8, you can always use the convenience of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and Delaware state law

Is Delta 8 thc legal in Delaware? Hemp-derived Delta-8 THC does not appear to be legal in Delaware state law for now, but legislators have proposed a bill that would allow adults to possess up to an ounce of marijuana. The bill is an improved version of HB305 that failed to pass in 2021, reportedly due to disagreements about its social equity provisions [2]. Supporters are confident that the bill will pass this time, since it’s been rewritten with added social equity measures [3].

Delaware’s Industrial Hemp Research Act defines hemp per the Farm Bill, but mainly for research. Delaware’s Controlled Substances Act states that “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” is a controlled substance [4].

It remains to be seen what the proposed HB305 legislation will mean for hemp-derived cannabinoids if it passes, with hemp laws thus allowing adults to possess marijuana. Recreational marijuana and medical marijuana are still not legal in Delaware.

Final thoughts on Delta-8 in Delaware

Even if Delta-8 becomes commonly available in Delaware, to ensure you get the best, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 products and we ship nationwide!


Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

  1. Wikipedia: Endocannabinoid System
  2. Delaware Lawmakers File New Marijuana Legalization Bill with Key Equity Revisions
  3. Delaware Marijuana Legalization Effort Dead for this Session Bill Sponsor Says Following Equity Disagreements
  4. Delaware Uniform Controlled Substances Act

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Frequently Asked Questions

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “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 a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ).

They are both forms of THC that can be derived from hemp or marijuana, and both can have strong effects. They are both federally legal if derived from hemp and have less than .3% Delta-9 THC per dry weight. The strength or potency of both can vary greatly, but on average, Delta-8 is considered to have one-half to two-thirds the strength of Delta-9.

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.

In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

When using Delta-8, Delta-9, and Delta-10 THC products, users report feelings of relaxation, euphoria, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products.

The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. While our products have a suggested dosage listed on each package, the strength of the effects on a particular person will be different depending on a few things: the dosage level, body weight, food or other substances in the system, personal body chemistry, and experience level or tolerance of THC.

Generally speaking,  it is recommended that you start with the lowest dose, ie. 5mg to 10mg, and gradually increase it until you reach satisfactory results. Consult your healthcare provider with specific questions about using any therapeutic products.

Yes, when it is produced with proper and safe practices. Look for a product’s COA. A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis and testing for cannabinoids and adulterants.

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking a drug test, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.