As of the time of the writing 09/22/2021, Delta 8 THC is illegal according to the State of Delaware law.
These are the bills that make Delta 8 THC illegal in the state of Delaware:

​

2019 DELAWARE HEMP RESEARCH PILOT PROGRAM

The definition for the term "hemp" is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis, unless increased by the Secretary of the United States Department of Agriculture.

​

Title 7 – AGRICULTURE. CHAPTER 88 – RESEARCH. SUBCHAPTER VII– MISCELLANEOUS RESEARCH PROVISIONS

Sec. 5940 – Legitimacy of industrial hemp research.

​

(b) Definitions
(2) "Industrial hemp" The term "industrial hemp" means 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.

​

TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT

​

§ 4701 Definitions [Effective 1/1/2020].

​

(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 any product that is approved by the United States 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, formulation, or mixture with a measurable quantity Of marijuana or any tetrahydrocannabinol, including their salts, isomers, and salts of isomers, that has not been approved by the United States Food and Drug Administration.