Delaware was the first U.S. state, but it wasn’t the first to legalize cannabis. In fact, recreational marijuana and, by extension, marijuana-derived CBD was only just legalized in April of 2023.
Conversely, the cultivation of hemp-derived CBD was legalized in 2018 for agricultural research in Delaware through the Delaware Industrial Act, and federal law allowed Delaware residents to purchase and possess hemp-based products.
CBD Laws in Delaware: What You Need to Know
Is CBD legal in Delaware? CBD derived from both marijuana and hemp is legal in Delaware. So, what sets these two apart?
Both marijuana and hemp are cannabis plants; however, by legal definition, hemp cannot contain more than 0.3% THC. Marijuana can contain upwards of this amount.
Two legislatures set the rules and regulations behind Delaware CBD laws:
- 2018 Delaware Industrial Hemp Act – Also known as Senate Bill 266, this legislation set hemp cultivation and processing into motion. More specifically, it outlined how residents could obtain licenses and guidelines around the sale of hemp products. Prospective cultivators and distributors must apply through Delaware’s Department of Agriculture. Within the application, they must outline their growing site, request an FBI criminal history report and pay a $300 application fee and a $500 registration fee, per growing site. Processors must also submit forms related to their facility and criminal history. Fees include a $300 application fee and a $1,000 facility registration fee.
- 2018 Agricultural Improvement Act – Federally, the 2018 act removed hemp from the list of controlled substances, effectively decriminalizing hemp-based production, sale and possession. Accordingly, U.S. residents from every state can legally buy and use hemp CBD that’s under the legal THC limit.
The Medical Marijuana Code, which was adopted statewide in 2020, also states that Delaware medical marijuanas and CBD products must:
- Be sealed with tamper-resistance packaging
- Be labeled with the manufacturer’s name, production and expiration dates, CBD strain, cannabinoid profile and dosage recommendations
- Contain a statement that says the product does not treat, cure or prevent any medical conditions, per FDA regulations
For Delaware residents looking to buy CBD, it’s important to note that there are possession limits to medical marijuana-based CBD — you cannot buy more than three ounces of CBD within a two-week timeframe. There are no restrictions when it comes to hemp CBD in Delaware.
As of the recent marijuana laws, Delaware marijuana products, including marijuana CBD, are available to residents 21 and older. However, you can only buy one ounce per visit.
Is CBD Legal in Delaware?
In 2011, Delaware introduced its first Delaware marijuana laws with the Medical Marijuana Act, also known as Senate Bill 117, which established the Delaware medical marijuana program. Eligible patients must have one of the qualifying health conditions and doctor approval to obtain a medical marijuana card Delaware. However, cardholders are prohibited from growing marijuana. They can only purchase it from designated government-run “dispensaries” called compassion centers.
Although the bill was passed in 2011, medical marijuana sales did not begin until 2015 per Delaware medical marijuana laws.
More recently, HB 1 and HB 2 legalized recreational marijuana in Delaware. While HB 1 outlines rules around personal use, HB 2 sets a framework for licensing, taxation and penalties. Marijuana and marijuana-based CBD also cannot be sold at any establishments that sell alcohol.
Sales are expected to begin in 2024, with a 15% sales tax. Similar to SB 117, these new laws do not allow Delaware residents to grow cannabis plants at home. State law also prohibits the public use of all cannabis products, including marijuana-based CBD and hemp-based CBD.
Can I Buy CBD in Delaware?
CBD from hemp and marijuana plants is legal in Delaware. However, the sale of marijuana-based CBD will begin in 2024. As of 2023, only hemp-based CBD products are available for sale in various retailers and pharmacies to the general public.
People in possession of a Delaware medical marijuana card can purchase medical-grade marijuana products, including CBD, from established compassion centers.
Can I Buy CBD Online?
Hemp-based CBD products are widely available through online retailers. Due to its federal legalization, you don’t have to worry about shipping hemp across state lines. But you do have to worry about quality.
The CBD industry is booming, but not all online retailers are reputable. To ensure you’re ordering a high-quality product, pay attention to the label. Look for an ingredients list, cannabinoid profile and disclaimer that the CBD does not treat, cure or prevent a medical condition.
Reputable retailers, like Zebra CBD, will also provide a Certificate of Analysis (COA). This shows that each product underwent analysis by a third-party lab. The document will include information regarding the ingredients, potency and potential contaminants.
Can I Buy CBD at a Dispensary?
As of 2023, Delaware does not have dispensaries that sell recreational marijuana CBD products or hemp products. Although, government-run compassion centers do provide CBD to registered patients.
Legal Status of CBD in Delaware
Is CBD oil legal in Delaware? Yes. In the state of Delaware, hemp, recreational marijuana and medical marijuana are all legal. Accordingly, CBD from the aforementioned products is also legal. That said, recreational marijuana-based CBD is not yet available for sale in Delaware. The state must first create a framework around its recent legalization, production and sale. Once available, residents must be 21 years old or older to purchase any products from a licensed retailer.
As CBD laws develop, you can stay informed by visiting Delaware's government website.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in Delaware?
Yes, hemp-based CBD products and marijuana-based CBD products are legal in Delaware as cannabis legislation develops.
2. How old do you have to be to buy CBD in Delaware?
To buy CBD in Delaware, you must be at least 21 years old.
3. Can I sell CBD products in Delaware?
Yes, retailers can sell products in Delaware under state guidelines. They can also cultivate and process hemp plants within the state.
Source:
Delaware. Hemp Program. https://agriculture.delaware.gov/plant-industries/hemp-program/
Delaware Cannabis Information. Is CBD Oil Legal In Delaware? https://delawarestatecannabis.org/cbd
