Many states have their own individual laws when it comes to cannabis and cannabinoids. Delta 8 is included in this set of laws and can lead to some confusion amongst consumers. Lets look at Delta 8 in Delaware

Delta 8

The first question to ask is what is Delta 8 besides being a cannabinoid? Delta 8 is a psychoactive cannabinoid similar to Delta 9. That is the main cannabinoid that creates the high consumers seek when they take cannabis. Delta 8 can also create a sense of high for consumers, but to a lesser degree. This helps create a controlled experience for consumers that is much more enjoyable. 

Delta 8 also doesn’t come with some of the unwanted side effects that Delta 9 can have. Those can include a clouded head and increased paranoia and anxiety. Plus, consumers can still function and go through their normal routines with Delta 8 is in their system. The next day consumers have reported also feeling great as Delta 8 beings to filter out of their system. Delta 9 commonly incapacitates its users while they are high. And it can cloud their heads for an extended period of time even after Delta 9 begins to filter out of their system.

Federally Legal

So, if Delta 8 is so close to Delta 9, is Delta 8 legal? On the federal level, yes. This is because of the 2018 Farm Bill. It states any product containing less than 0.3 percent of Delta 9 is legal for the general public. Since Delta 8 is structurally different from Delta 9 because of a double bond difference. Products that contain Delta 8 naturally have that less than 0.3 percent Delta 9 in them. This makes Delta 8 products legal federally. But just because something is federally legal doesn’t mean that it is always legal on the state level. 

Delaware State Law

Is Delta 8 legal in Delaware? No, unfortunately. According to the state law:

“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: 

Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols (THC), their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration”

What does all of this mean? Basically it means that anything containing cannabis or anything that comes from cannabis, like cannabinoids, is considered a Schedule 1 drug. Schedule 1 drugs are considered to be the most dangerous drugs because of the potentially severe psychological or physical dependence.  Delaware has classified Delta 8 as a Schedule 1 drug. Therefore, its illegal to possess and consume in the state. 

Laws are always subject to change, so do your research before ordering and consuming Delta 8. Make sure to check back for more cannabis and hemp related news.