Is Delta 9 Legal In Delaware?
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Are you a fan of cannabis who likes to experiment with cutting-edge hemp products? Well, the good news is that Delaware has legalized Delta-9.

Stay with us as we go into the realm of hemp, laws, and everything you need to know about purchasing Delta 9 in Delaware.

At the time of writing, Delaware has legalized Delta 9 and other hemp-derived cannabinoids. In 2018, the 2018 Farm Bill was passed, which legalized hemp on a federal level. Since that time, many states have legalized the cultivation of hemp, including Delaware. Hemp cultivation and hemp products are authorized under Title 3-Chapter 28.

As long as the product complies with federal regulations, you can purchase Delta 9 items online in Delaware in accordance with the 2018 Farm Bill and Delaware law. Delta 9 concentrations in hemp products are permitted to be 0.3% or lower on a dry weight basis. If the concentration is higher than the permitted amount, it will be classified as “weed,” which is prohibited both nationally and in Delaware.

Delaware Senate Bill 266

Governor John Carney enacted Senate Bill 266 into law in August 2018. SB 266 made it legal to grow hemp for commercial or academic research, which was the only option for hemp to be cultivated in Delaware in 2019. As a part of the 2018 Farm provision, the provision brought Delaware’s hemp program into compliance with federal law.

When federal legislation legalized the production of hemp for uses other than agriculture or academic research, Senate Bill 266 also gave the Delaware Department of Agriculture the authority to implement any policies and rules necessary to cultivate hemp.

On January 27, 2020, the USDA approved the State of Delaware’s Plan for a Domestic Hemp Production Program.

Senate Bill 266 mandates that hemp growers and processors submit a license application to the state Department of Agriculture.

Medical Marijuana in Delaware

The Delaware Medical Marijuana Code, which Governor Jack Markell signed in May 2011, permits patients 18 and older with “certain serious or debilitating conditions” to use cannabis and possess up to six ounces of it. Patients need to have a qualifying ailment as well as a medical card, which needs to be renewed annually.

Patients are only permitted to possess up to six ounces of marijuana; they are not permitted to grow their own cannabis. The medical cannabis program in Delaware allows for the strictly controlled, constrained distribution of medical cannabis via non-profit compassion centers. Six compassion centers are currently in operation throughout the state.

According to Delaware state regulations:

  • Limits on patient possessions: six ounces.
  • Caregivers: All caregivers must provide the State Department of Health with the necessary documentation.

In Delaware, recreational marijuana use is prohibited.

Can You Buy Delta-9 in Delaware?

You can purchase Delta-9 in Delaware as long as it is made from hemp and adheres to state regulations. Online or in-person purchases of hemp goods require a minimum age of 21.

Yes, Delaware law allows Delta 9 gummies that comply with the Farm Bill. No restrictions apply while purchasing Delta 9 gummies, as long as they satisfy the requirements listed below:

  • The hemp plant, not the marijuana plant, must be used to produce the THC.
  • THC concentrations cannot be higher than 0.3% of the dry weight.


The current laws in Delaware allow the use of Delta 9 for medical purposes but the recreational use is still prohibited.

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