Although CBD’s popularity for managing conditions like insomnia and anxiety has soared, regulations across the U.S. have fumbled. Every state has the right to create their own laws regarding CBD, and the differing laws across the country aren’t always easy to decipher. Some states, like Delaware, make no concise mentio Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online.
Is CBD Legal in Delaware?
Although CBD’s popularity for managing conditions like insomnia and anxiety has soared, regulations across the U.S. have fumbled. Every state has the right to create their own laws regarding CBD, and the differing laws across the country aren’t always easy to decipher.
Some states, like Delaware, make no concise mention of CBD’s legality at all, forcing consumers to try and read between the lines.
So what’s the straightforward answer? Is CBD legal in Delaware?
The state seems to have legalized CBD alongside industrial hemp in 2014, but there aren’t very many regulations to protect consumers.
Here’s what we know about Delaware CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Delaware legalized hemp and its “derivatives, extracts, [and] cannabinoids” in 2014, but growing hemp was limited within the state. Although they expanded access in 2018, they still haven’t imposed any real CBD regulations to protect consumers.
- The state also has no minimum age requirements or possession laws, but it may not be easy to access CBD in stores for consumers who are under 21.
- Doctors in Connecticut may recommend CBD, but you don’t need a prescription to access it.
- CBD is easily accessible across the state, but the state’s poor regulation leads to concerns about quality. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Delaware?
Delaware is one of many states to offer only hazy details about their stance on CBD. Like Arizona and Alabama, the state makes no specific mention of hemp-derived CBD in their legislation, neither to legalize or prohibit the cannabinoid.
In 2014, the state passed HB 385, a bill that allowed industrial hemp to be cultivated on a limited basis for research purposes. In 2018, the state passed SB 266, which expanded regulations laid out in HB 385. Authority over the state’s hemp production and related laws was given to the Delaware Department of Agriculture.
The department defines hemp as “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” with less than 0.3% THC on a dry weight basis.”
Therefore, by default, CBD is legal in Delaware so long as it is derived from legal hemp material. The state also imposes no regulations on the types of products that can be made from hemp CBD. Like in Connecticut or Arizona, these lax laws make CBD ultra accessible, but may also impose some risks due to a lack of quality regulations.
Final Verdict: Is CBD illegal in Delaware?
Given the state’s definition for industrial hemp, which includes extracts and cannabinoids, CBD is legal within the state. The state does not enforce strict CBD regulations to protect consumers, however, so you must buy CBD in Delaware at your own risk.
Is full spectrum CBD legal in Delaware?
Many consumers are worried that the trace amounts of THC found in full spectrum CBD products may cause trouble in states where cannabis is illegal. Delaware has no restrictions on full spectrum CBD products that contain 0.3% THC or less and are derived from a legal hemp source. Other CBD products containing more than 0.3% THC are considered cannabis products, and may be accessible only through the state’s medical cannabis program.
Does Delaware have a CBD possession limit?
To date, there are no possession limits for CBD products that meet legal guidelines in Delaware.
Do you need a prescription for CBD oil in Delaware?
In general, you do not need a prescription to access hemp-derived CBD products in Delaware. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like Delaware where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Delaware?
In Delaware, the regulations regarding the sale of CBD products are minimal. You can find CBD in grocery stores, wellness markets, and convenience stores all over the state.
However, this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
How old to buy CBD oil in Delaware?
Delaware has no regulations regarding the legal age to buy CBD. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Although there are no statewide laws, the rules for buying CBD may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Delaware.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. There are no regulations to prohibit the use of CBD in Delaware, but every state has different CBD laws. Click here to find out where CBD is legal.
Where to Buy CBD Oil in Delaware in 2022
If you are trying to find the best deals on legal CBD oil in Delaware, this is the article for you.
Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online and in-store.
It’s usually easiest to shop for your products online rather than driving around town from store to store. You can find many of the same products online that you would find locally but the deals are often much better.
Shopping online also allows you to research the products quickly, which is important. The laws in Delaware regarding CBD oil can change significantly depending on how the CBD oil was made.
3. Most Hemp-Derived Cannabinoids Legal | Δ8, Δ9, and Δ10 Illegal | Marijuana Medical Use Only
Table of Contents
Buy CBD Oil in Delaware:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Delaware in 2022?
Yes, CBD oil is legal to purchase in Delaware, but you need to be aware of the law to avoid any trouble with the authorities.
Depending on whether or not your CBD oil contains THC, the legal circumstances can change.
Industrial hemp products are treated differently than those derived from flowering marijuana plants.
Luckily for those of you who are looking to buy CBD oil in Delaware, this small change means that industrial hemp extracts are completely legal.
CBD oil derived from industrial hemp doesn’t typically contain enough THC (legally less than 0.3%) to get the user high. Using these products will get you all the benefits of CBD without the buzz.
You can find CBD oil in many different forms. It can be purchased as a tincture, cream, balm, wax, vape juice, and there are even products available for your pets.
Whether you decide to pick up your products online or in-store, there are a few things you should do to protect yourself from sketchy companies.
Read our guide below for finding quality CBD oils from a trustworthy supplier.
Let’s examine the Delaware law regarding medical marijuana to see if you may be eligible to purchase CBD oil with a higher THC content.
Is Marijuana Legal in Delaware in 2022?
Marijuana is only legal for medical purposes in Delaware. The state has also decriminalized marijuana.
In 2015, HB 39 decriminalized small amounts of marijuana, making possession of less than 6.2 ounces a misdemeanor and less than 1 ounce a civil infraction.
In 2021, Delaware considered HB 150, which would have legalized recreational marijuana up to an ounce for anyone over 21.
In 2011, Delaware became the 16th state to legalize the use of medical marijuana.
Under the Delaware Medical Marijuana Act, residents of Delaware may apply for a medical marijuana license with the recommendation of a physician.
Additionally, you will need to pay a one-time $125 application fee and prove that you have an eligible condition.
Eligible medical conditions for medical marijuana in Delaware:
- Decompensated Cirrhosis
- Amyotrophic Lateral Sclerosis
- Crohn’s disease
- Alzheimer’s disease
- Cachexia or Wasting Syndrome
- Severe/debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
- Severe nausea
- Severe and persistent muscle spasms
- Post-traumatic stress disorder (PTSD)
- Terminal illness
Strangely, this law doesn’t prevent an arrest for marijuana possession. It simply provides a legal defense if prosecuted.
If you are arrested for possession while holding a medical marijuana license, you may have a legal defense if you can satisfy the following conditions:
- You were in possession of no more than six ounces of marijuana and no plants.
- You possessed marijuana solely to treat or alleviate the patient’s severe or debilitating medical condition.
- Your physician has stated that you are likely to receive therapeutic benefit from marijuana to treat or alleviate your serious or debilitating medical condition.
- You didn’t possess marijuana on school grounds, on a school bus, in state-funded health care or treatment facility
- You weren’t smoking marijuana in a public place or in any form of transportation.
If you are under the age of 18, you may be able to apply for a medical marijuana license if you are suffering from one or more of the following conditions:
- Intractable epilepsy
- A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
- Cachexia or wasting syndrome
- Intractable nausea
- Severe, painful and persistent muscle spasms
Delaware recently passed “Rylie’s Law”, which permits caregivers to administer CBD oil to children with debilitating health conditions on school buses and school grounds.
Once you have obtained a medical marijuana license, you may be able to legally purchase CBD oil products through a local dispensary or easily find them online.
If you aren’t able to get a medical marijuana license, don’t worry. You can still legally purchase your favorite industrial hemp products online and in-state.
How to Buy CBD Oil in Delaware
As the laws and regulations around CBD evolve, it can be difficult to find quality products at a good price.
Some companies are advertising CBD oil as a miracle drug or selling items that contain significantly less CBD than they should.
Follow these simple steps to protect yourself against sketchy companies.
- Always ensure that the CBD oils you purchase are double-checked by a third-party lab. These labs can test for unwanted chemicals or heavy metals and make sure the CBD content matches what the company is advertising.
- Another good sign is if the company’s industrial-hemp products manufactured using the CO2 extraction method. Producing CBD oil by CO2 extraction doesn’t require any additional solvents or heat. This means that your CBD will be pure and potent.
- Above everything else, make sure the company you choose doesn’t make wild claims about the potential of CBD. If a company is claiming that their product cures cancer, it’s a very good sign that they should be avoided. CBD oils have many health benefits, but they are not a miracle drug.
If you follow the advice above, you’re on the right track to finding a trustworthy source for your CBD needs. This advice applies to any product sold online or in-store.
Purchasing CBD oil online is by far the most convenient method in Delaware. It allows you to choose and compare many different products within a matter of minutes.
Why leave the comfort of your own home when you can get quality CBD products delivered straight to your door?
Another benefit of online stores is they often allow you to take advantage of bulk discounts or special offers that local shops wouldn’t be able to match.
Most importantly, shopping online gives you valuable information about the companies and products they offer that may be difficult to obtain in a local shop.
Driving from store to store to compare products takes time. If you are more comfortable shopping in person, there may be a local retailer with CBD oil near you.
Take a look at our list below for stores in Delaware that can help you.
Local Stores in Delaware
Delaware does have a limited number of dispensaries that can help those with medical marijuana licenses.
If you don’t have a medical marijuana license, you will have to see if your local vape stores, head shops, and natural health retail outlets carry industrial hemp products.
There are hundreds of products available in-stores. Remember to double-check the source of your CBD oil so that you know your CBD oil is legal.
Follow the advice above to make sure you are getting a quality product.
What Is CBD Oil? Why Is It So Popular?
In the United States, CBD oil is a brand new and exploding industry. In 2017, over $190 million worth of CBD oil products were sold. There is a huge market for CBD oil as a health supplement.
Many states have been changing their marijuana laws. As of November 2018, 33 states have successfully implemented medical marijuana programs, and eleven have legalized marijuana for recreational use.
People slowly realize that marijuana products don’t cause “reefer madness” and it has many different medical applications.
CBD is a chemical compound found in marijuana and hemp plants that has several health benefits. It has been shown to treat seizures, inflammation, pain, and anxiety.
It can be extracted from both flowering marijuana plants and industrial hemp plants; this is an important distinction because the law views the two products differently.
CBD oil extracted from flowering marijuana plants contains higher levels of THC (tetrahydrocannabinol); this is the chemical in marijuana that causes the user to feel high.
On the other hand, Industrial-hemp derived CBD oil contains very little THC (usually no more than 0.3%) and therefore doesn’t cause the high usually associated with marijuana.
This means that you can take advantage of all the health benefits of CBD oil without getting stoned.
Is Delta 8 THC Legal in Delaware 2022?
Delta 8 THC is not legal in Delaware.
The cannabinoid could be beneficial for many people, considering its similarities to delta 9 (THC), but many states have banned it.
It’s an isomer of THC, so it acts in much the same way, but it’s far less potent. Yet still strong enough to make you high.
Buying Delta 8 THC
If you live in Delaware, you can’t buy it.
But if you could, we would tell you to shop for it the same way we tell you to shop for CBD: carefully. Third-party tests are your best friend, and they’ll tell you all you need (but still make sure everything else checks out).
If you go somewhere that allows delta 8, choose one of these three vendors for the most potent products:
Maybe someday soon you’ll need this information, so just remember to buy safely.