According to Weedmaps, yes, CBD derived from hemp is legal in Delaware, with CBD products available for purchase throughout the state. In addition to hemp-derived CBD products that can be purchased over-the-counter, Delaware has also had a medical marijuana program since 2011 with the passage of the Delaware Medical Marijuana Act. Eligible patients can buy CBD oil derived from cannabis, along with cannabis products containing both CBD and THC.
Adult-use cannabis remains illegal, although in 2015,House Bill 39 decriminalized the possession and private use of up to one ounce of cannabis. In 2019, the bill was expanded to decriminalize juvenile possession of one ounce or less.
Delaware CBD Laws
Delaware cannabis legislation bears infrequent mention to CBD. Medical marijuana was legalized in the state in 2011, under the Delaware Medical Marijuana Act. Under the state's medical marijuana program, patients with a qualifying health condition and a medical marijuana card can purchase CBD products derived from marijuana.
According to the act, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC, or must be a dilution that contains at least 50 milligrams of CBD per milliliter, and no more than 7 percent THC.
Hemp cultivation was legalized in Delaware in 2014. House Bill 385, which was informed by the 2014 Farm Bill, allowed for the production of industrial hemp strictly for research purposes. Hemp is defined as any part of the Cannabis sativa L. plant, including the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, salts of isomers, with no more than .3% THC on a dry weight basis.
The provisions of House Bill 385 were expanded in 2018 with the passage of Senate Bill 266, which was approved several months before the 2018 federal Farm Bill was signed into law. This bill endowed the Delaware Department of Agriculture with the authority to adopt and change hemp-related laws to align with federal rules and policies. The act positioned Delaware to permit the industrial cultivation of hemp when federal restrictions were repealed following the 2018 Farm Bill.
Delaware is awaiting approval for its state hemp plan from the USDA. Although no commercial production of hemp is permitted in the interim, growers can still legally produce hemp under the Delaware Hemp Research Pilot Program.
Delaware hemp legislation makes no specific reference to CBD, which has resulted in a relatively unrestricted and unregulated hemp-derived CBD market.
Is Hemp Legal in Delaware?
Yes it is, you can see the laws here
Is CBD Oil Legal in Delaware?
Yes it is, you can see the laws here
Is Hemp Flower Legal in Delaware?
Yes it is, you can see the laws here
Where to Buy CBD in Delaware
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