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Delta 8 THC is currently a banned substance in Delaware.

Although delta 8 THC is legal on a federal level, this cannabinoid is listed as a schedule 1 drug under state law.

This means people in possession of it may receive the same penalties as heroin, LSD, MDMA (ecstasy), and psilocybin (magic mushrooms).

Delaware may be behind on its laws regarding marijuana and hemp, but are there any loopholes, grey areas, or is this cannabinoid available for medical use?

In this read, we’ll be looking at the laws surrounding delta 8 THC in Delaware and touching on the general cannabis legislation in the state.


No, delta 8 THC is illegal in Delaware.

Delta 8 THC is legal under federal law, thanks to the 2018 Farm Bill. However, Delaware considers this substance a Schedule 1 drug. This means it cannot be distributed, obtained, or consumed in the state legally.

In most states across the United States, delta 8 THC is legal due to the Farm Bill. The Farm Bill makes hemp and its derivatives legal on a federal level. Most states don’t contradict this bill with any local legislation.

You should note that CBD is legal in Delaware and can be accessed by anyone that nÇeeds it.

Recreational marijuana remains illegal, but it has been decriminalized, so the penalties for possession of small amounts are minimal.

Medical marijuana is legal in Delaware, but it’s only available to patients with serious medical conditions.


Delta 10 THC is another isomer of THC (tetrahydrocannabinol). It’s a derivative of hemp and is legal federally due to the 2018 Farm Bill.

Unfortunately, Delaware treats delta 10 THC the same as delta 8, so it’s completely banned and considered a Schedule 1 drug.


Under Delaware state law, delta 8 THC is illegal. Although marijuana has been legalized for medical use by patients with serious conditions, it’s unclear whether delta 8 THC is available with a medical card.

We can assume that delta 8 THC isn’t available for medical use in the state due to their strict laws on the substance.

There are licensed medical dispensaries scattered around the state that provide different tinctures, vape liquids, topicals, and concentrates. However, after reviewing their product menus, no delta 8 THC products were found; only delta 9 THC extracts and CBD were discovered.


CBD oil cartridge with dried hemp buds on a white background

One of the most popular ways to consume delta 8 THC is by vaping. It’s the favored method of consumption because when delta 8 THC is inhaled as a vapor, it becomes highly bioavailable. This means the onset of effects is quicker and more intense.

Although delta 8 THC is illegal in Delaware, other cannabinoids such a CBD can be found as vape products. However, it’s important to note that it’s currently illegal for a vendor to distribute vape products to people under 21.

This is due to the PACT (Prevent All Cigarette Trafficking) Act. This act requires all vendors of vape products to verify the age of their customers before a purchase is made. This includes vape pens, cartridges, liquids, and other associated products.

Any company that doesn’t ask for age verification before purchasing a vape product is committing a federal crime.

A company that doesn’t follow federal and local laws shouldn’t be trusted because they are likely to conduct unethical practices in other business areas.

Avoid any company that doesn’t abide by the PACT Act. 


Delta 8 THC is an isomer of tetrahydrocannabinol. Both delta 8 THC and delta 9 THC are extremely similar in structure, and the only thing that separates them physically is a double bond in their molecular makeup.

Legalities also separate them. Delta 9 THC is still illegal under federal law, but delta 8 THC is legal federally, thanks to the 2018 Farm Bill.

Contrary to this, it’s possible to obtain delta 9 THC for medical use in Delaware because it has legalized marijuana and made it available for registered medical users. However, delta 8 THC is not currently available for recreational or medical use in the state.

The effects of both types of THC are extremely similar too. For example, users can experience the same relaxing effects from delta 8 as delta 9 THC because the cannabinoid interacts with the same receptors in the brain.

Delta 8 THC is far less potent than delta 9 THC, though.

The effects of delta 8 THC are less intense than delta 9. Therefore, people can experience the relaxing effects of THC without the negative effects associated with the cannabinoid, such as paranoia and hyperstimulation.

This makes delta 8 THC a popular choice among people that find delta 9 THC too intense. It’s also a great option for people looking for relaxation without becoming too impaired during the day.


Delta8 THC extract dropper on a table with cannabis plant at the back

The word “natural” describes a product found in nature and has had no human intervention that alters its structure.

This word is thrown around a lot in the holistic sector, and it’s often used to describe delta 8 THC, CBD, and other hemp-derived products. However, legally, there are no restrictions on when this word can be used.

As long as a product stems from nature, it can be called “natural.”

Most legal experts believe the DEA and other regulators don’t consider delta 8 THC synthetic because it’s found in nature without any human intervention. However, the DEA has never come forward with its official stance on the matter.

This is why it’s important to assess a company’s extraction method and better thoroughly look over their third-party lab results. This will show whether there are any residual chemicals in the products that stem from the extraction process.


Delta 8 THC can be used in many ways. However, most consumption methods follow the same CBD — edibles, tinctures, capsules, and vape pens.

Delta 8 THC is illegal in Delaware and cannot be purchased legally. However, if you choose to move states or are residing in a legal state in the United States, it’s important to know the difference between delta 8 THC consumption methods.

The most popular methods of consumption are:

  1. Edibles
  2. Tinctures
  3. Capsules
  4. Vape Pens

In this section, we’ll briefly overview these popular consumption methods, so you can make an informed decision depending on which method suits you best.


Delta 8 THC can be used in a vape pen. Vape oils or E-liquids containing delta 8 THC extract and vegetable glycerin and propylene glycol are heated and inhaled using vape pens.

Our vape pens use a delta 8 THC distillate with natural botanical-derived terpenes. This makes each puff more potent and eliminates the thick white clouds found in E-liquid-based vaporizers.

When delta 8 THC is inhaled, it’s extremely bioavailable. This means the onset of effects is fast and more intense compared to other consumption formats.

Vape pens are great if you look for fast and effective relief and desire the most intense effects or “most bang for your buck.” However, you should avoid vaping delta 8 THC if you suffer from respiratory illnesses such as asthma.


Delta 8 THC tinctures combine delta 8 THC with a carrier liquid such as alcohol or oil. Tinctures are applied under the tongue using a dropper where the cannabinoid can be sublingually absorbed.

Onset times are slightly longer than vaping, and you won’t experience any noticeable effects for anywhere up to one hour. However, the effects last significantly longer compared to vaping.

Tinctures are great if you’re looking for dosage flexibility with a relatively fast onset time. Our D8 tinctures featured one-of-a-kind flavors, such as cherry extract infused.


Delta 8 THC edibles are extremely popular. They provide you with a hassle-free way to consume the cannabinoid without having to mess around with a vape or liquid dropper.

They do have to pass through the digestive tract for the delta 8 THC to be absorbed. This means the onset time is extended compared to tinctures and vape pens. However, the effects last much longer once they begin.

If you’re looking for a convenient way to consume delta 8 THC and don’t fancy using tinctures or inhaling vapor, delta 8 edibles are the perfect solution.


Delta 8 THC capsules are similar to edibles because they’re consumed orally and must pass through the digestive tract to be absorbed. This means they have the same onset time and affect longevity as edibles.

The only difference is that they are swallowed with water as you would with any other pill. They’re great if you want an easy way to start supplementing with delta 8 THC and don’t want to mess around with edibles, vapes, or tinctures.


medical CBD oil and a cannabis leaf on a shopping cart

Unfortunately, delta 8 THC is illegal in the state of Delaware. Therefore, it’s currently impossible to source the cannabinoid over-the-counter and online.

However, the laws may change in the future as more and more states push to legalize medical and recreational marijuana.

When the time comes, the best place to purchase delta 8 THC in Delaware will be online. 

Purchasing delta 8 THC online can save you money. When you go directly to the manufacturer, you’ll be able to access discounts, coupons, and special offers that aren’t available in stores.

Purchasing delta 8 THC online also allows you to look into the company, view its product descriptions, and review hemp sources and extraction processes.

The most beneficial part of buying this cannabinoid online is the ability to view third-party lab results.

Third-party lab results come from third-party testing. Any reputable company will send their products off for testing at a lab that isn’t owned or controlled by the organization. The company should openly display these results on their website for customers to view.

These lab results will show the percentage of delta 8 THC present and any other cannabinoids and/or terpenes present in the extract. In addition, they should also show whether there are any residual chemicals and solvents in the extract.

Any reputable company will openly display their third-party lab results because they should have nothing to hide. Conversely, a company that isn’t transparent in this respect shouldn’t be trusted.

If a company doesn’t provide third-party lab results for their products, you should avoid purchasing from them. It’s likely the extracts don’t contain the levels of delta 8 THC stated in their descriptions.


The near-term future of delta 8 THC in Delaware isn’t so bright. Unfortunately, this cannabinoid is illegal under local legislation, and there aren’t any bills in place that could change this soon.

However, as more and more states push for the legalization of marijuana and other hemp-derived cannabinoids, we can assume that Delaware will follow suit.

Although we don’t know when or if this will happen, the pressure is on states like Delaware behind cannabis legislation. For now, we can only hope that Delaware will change their laws regarding delta 8 THC and improve its medical marijuana scheme.

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