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Let’s Talk Delta-8 State Legality: Delaware

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Let’s Talk Delta-8 State Legality: Delaware

Delaware is a state that you forget about unless you’re reading about the revolutionary war. It’s a little less than 2000 square miles, only being beat by Rhode Island.  Even growing up in that area of the country, it is difficult to know the difference between Delaware and Maryland when you’re driving through them. I would think that Delaware would follow its neighbors lead, but then it came to my attention that Delaware is STILL a state who hasn’t legalized marijuana; however, medical marijuana is available for particular serious conditions and they have decriminalized possession. CBD is remains legal as well.

As far as delta-8 goes, they took notes from legalized states—most likely because they’re expecting legalization sooner than later.  Although a majority of the country is abiding by the federal farm bill of 2018 on the federal level without state intervention, states still have the right to make it illegal due to the mincing words within a bill.

Delta-8 THC and other synthetic hemp derivatives are NOT legal in the State of Delaware: No obtaining, no distribution, and no consumption

Delta-8 is considered to be a schedule I drug. That puts delta-8 into the same boat as Heroin, MDMA, LSD and Mushrooms. It’s a little absurd, so fingers crossed that Delaware has a change of heart. It’s 2022, we have to get caught up with the times. Here is the final regulations that were adopted following the farm bill of 2018; there are specific revisions to put delta-8 THC in the schedule I drug category—technically meeting the needs of the general bill that puts any THC derivate into the schedule I group.

The future for Delaware looks a bit dull when speaking on delta-8 THC but there isn’t any evidence that they’re not following the steps of their peers into legalization.


  • 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;