Delaware Legalized Weed, But Delta-8 THC Is Still Banned

You can’t legally buy delta-8 THC in Delaware until dispensaries open in 2025.

Written by

Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

CBD Oracle's Editorial Process

Fact checked byNeil Willner

Fact checked by

Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

CBD Oracle's Editorial Process

CBD Oracle Fact Checking Standards

Our expert reviewers ensure that every article on CBD Oracle is factual and well-sourced. This tag means that the content has been independently reviewed by a qualified expert in a relevant field prior to publishing and before any major revisions, with a focus on accuracy and reliability. If we can’t source good evidence for a claim, we don’t publish it.


Learn more about our Editorial Guidelines.

Delta-8 THC gummies illegal in Delaware
Photo: CBD Oracle
Advertisement for THCA flower

Delta-8 THC isn’t legal to sell in Delaware because it is considered to be a controlled substance by the state. Although marijuana is now legal in Delaware – and so you couldn’t get in trouble for possessing delta-8 THC – selling delta-8 THC as hemp breaks state law, and there likely won’t be any legal sales of marijuana until 2025.

This puts the state in a fairly unique position, but the bottom line is that delta-8 THC isn’t available in the state and probably won’t be for some time. 

Here’s a run-down of Delaware’s hemp law and what it means for delta-8. 

Delta-8 THC can’t be legally sold as hemp in Delaware, although it’s possible that it would be permitted in the regulated marijuana industry in future.

Delaware’s hemp law – Senate Bill (SB) 266 – doesn’t work like those in most of the country, following the older 2014 Farm Bill definition of hemp, which states: “the plant Cannabis sativa L.and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” This doesn’t include the “all derivatives [and] cannabinoids” language that makes it more explicit that delta-8 THC would be covered. 

Additionally, the state didn’t make an exemption to their controlled substances laws under THC, so even if delta-8 THC was considered part of “hemp” from this definition, it would still be considered a controlled substance. 

Since Delaware has now legalized marijuana, it’s possible that the regulated industry (details in House Bill [HB] 2) will allow delta-8 THC sales. However, sales aren’t likely to begin until after December 2024, when 30 retail licenses are due to be distributed.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Map

Can You Buy Delta-8 THC in Delaware? 

Delta-8 THC is banned in Delaware, so you can’t buy it in stores or even order online. It’s possible that this will change when recreational weed sales begin, likely in 2025. 

Delta-8 Alternatives

There are no delta-8 THC alternatives available to legally buy in Delaware, since state law doesn’t exempt hemp from the controlled substances list. SB 266 arguably implies that hemp delta-9 THC should be permitted provided it’s under 0.3% by dry weight, but this doesn’t appear to be sold either. 

However, marijuana possession is now legal in the state, even though dispensaries have not opened.

Are There Age Restrictions on Delta-8 THC Products? 

Delta-8 THC products are banned in Delaware for now, but if they become available in the regulated marijuana industry in future, they’d only be available to adults aged 21 or over.   

Can You Travel to Delaware With Delta-8? 

Delaware considers delta-8 THC to be marijuana, so you can’t legally travel into or out of the state with it.

Although marijuana is legal to possess in Delaware, it’s illegal at the federal level and so can’t be moved between states. This means that even though you can possess delta-8 THC in Delaware – even though it’s “marijuana” – you cannot take it across state lines legally. 

Closing Thoughts: The Future for Delta-8 in Delaware 

It’s unlikely that anything will change for delta-8 THC in Delaware in the near future. After the state legalized marijuana in 2023, Governor John Carney said, “I believe we’ve spent far too much time focused on this issue, when Delawareans face more serious and pressing concerns every day. It’s time to move on.” 

In other words, it’s likely that with the hemp law in the state having been in place for years and the regulated marijuana industry slowly getting underway, it’s unlikely that there will be any further action on hemp. However, the passage of the 2023 Farm Bill may change something important and force some action from the state in 2024, but this isn’t easy to predict at present.