Is CBD Oil Legal In Delaware

Is CBD oil legal in Delaware? In this review, we go over everything about DE CBD laws so you better understand your state regulations. Wondering where to buy CBD oil in Delaware? Whether you're in Wilmington, Dover, or even Newark, you're in luck! Delaware residents are trying to get an answer to the question "Is CBD Legal in Delaware?" and in this piece we will provide you with the data we have to best answer that question.

Is CBD Legal in Delaware?

Is CBD legal in Delaware? Can you buy CBD oil in Delaware? We’ll cover these questions, and more, in this legislative review.

TL;DRIn Delaware, CBD derived from hemp is legal. They follow same federal guidelines of the Farm Bill which specifies that CBD products are legal as long as they contain less than 0.3% THC content.

Let’s go over some more about Delaware CBD laws, and licensing requirements within DE state.

What is CBD?

CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space of the cannabis plant with THC.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative, pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

It is important to understand exactly what CBD is when looking into the laws within Delaware.

CBD is a Cannabis Derivative

Cannabidiol, or CBD, is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant.

This is an important distinction to keep in mind. Both the industrial hemp plant and marijuana both fall under the cannabis plant species.

CBD is also a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%.

Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high.

In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD oil is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD oil research over the last few years is significant. Investments done in research and development are numerous.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD oil will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, and do not regulate finished CBD products.

This is the case in Delaware, where hemp byproducts have been reclassified as agricultural products separate from marijuana.

Delaware identifies hemp (chapter 103) as:

“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.”

Some of the more conservative states identify CBD and marijuana together, even though CBD is completely non-psychoactive.

For this reason, some states have more strict laws in place, in regards to hemp.

How Did the Farm Bill Help Industrial Hemp?

The 2018 Farm Bill brought a revolution for hemp and industrial hemp products. The cultivation of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

The United States FDA and CBD Oil

The Food and Drug Administration has the authority of regulating CBD oil product labeling, monitoring therapeutic claims for CBD oil, and the usage of CBD for recreational and dietary purposes. The FDA, currently, does not allow the advertisement of hemp-derived CBD oil as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD oil products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.

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While the Food and Drug Administration maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD oil as a dietary supplement.

Let’s move on to CBD oil in Delaware, and talk about the legal status.

Is CBD Legal in DE?

Yes, CBD products are legal in Delaware.

Delaware also has a medical marijuana program under Title 16. You can click here to visit their state website that gives more information about it.

Delaware follows the same federal guidelines as the Farm Bill of 2018. If you want to buy CBD products in this state, look for products that are derived from hemp and contain less than 0.3% THC content.

You’ll be good to go.

Licensing Requirements for CBD in DE

Licenses for CBD products containing less than 0.3% THC are not needed, according to DE state law.

The Delaware Hemp Program (Senate Bill 266) covers the regulations for hemp growers and processors.

Also, any individual who intends to grow, cultivate or distribute hemp, including transplants, seedlings or clones, must apply to be a Delaware Domestic Hemp Production Program Producer, with renewal required every three years

For any questions regarding renewals or new applications, please visit this website: https://agriculture.delaware.gov/plant-industries/hemp-program/

Delaware CBD Possession Limits

You are allowed to possess CBD items within Delaware. There is no license required for this.

Buy CBD in Delaware

To be honest, CBD oil products (also known as hemp oil) are all over the place in Delaware. Consumers buy CBD oil and hemp derived CBD products from a variety of online stores, or brick and mortar retailers.

I want to caution you, though, to be extra careful when buying CBD oil online. New Phase Blends is a veteran owned and operated CBD company. We offer nothing but premium CBD oil that comes with a 30 day money back guarantee.

At least give us consideration before you purchase CBD products – I know you’ll be happy with your purchase.

In the summer of 2020, the FDA conducted a study on CBD products from different brands. It reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive.

I would hate to see a bogus CBD oil company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here.

Is CBD Legal in DE? | Final Thoughts

Yes, CBD oil is completely legal in Delaware. They basically just follow the federal guidelines covered in the Farm Bill.

There are no weird grey areas or other strange laws that revolve around hemp, or hemp derived products.

If you are curious about federal guidelines for CBD products, take a look below:

Where to Buy CBD Oil in Delaware? Hemp Oil Laws & Legality (2022)

Although Delaware does not have a reputation as the most cannabis-friendly state in the U.S., it’s actually among the most progressive states regarding marijuana legalization and a fast-growing market for CBD products.

In fact, the state has recently passed comprehensive medical marijuana legislation. With the recent decriminalization of marijuana, possession of small amounts of marijuana is legal. Many people believe Delaware will be one of the next states to legalize the recreational use of cannabis for adults completely.

Looking for the best place to buy CBD oil in Delaware? Here is a comprehensive guide on the legality of CBD in the state, as well as a list of places where you can buy this plant-derived supplement.

Update: We no longer recommend purchasing CBD oil locally due to contaminated and untested CBD oils being sold in Delaware stores.

If you are interested in learning more, read our guide on buying CBD near you.

We have compiled a list of the best pure CBD oils available for purchase legally in Delaware below to save you time.

Where to Buy CBD Oil in Delaware?

As mentioned before, the CBD market is rapidly growing in Delaware, and since all hemp-based CBD products are fully legal, you can buy CBD oil in both retail shops and via online stores. In the most popular Delaware cities, you shouldn’t have problems finding a reputable retailer, but if you want to have unlimited access to a wide range of products at the best prices – consider looking for CBD oil online, where you can find a whole new world of CBD-infused products.

Buying CBD Oil Online in Delaware

If you don’t live anywhere near a good retail store with CBD products, you can easily find a CBD oil store online, which is actually a great choice considering online retailers have a greater variety of CBD-based products to choose from.

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Although finding the right manufacturer with limited information on the quality, reviews, and third-party lab testing results in a physical store may seem difficult, many companies provide quality CBD oils online that have been very well verified by the CBD community. Want always to end up happy with your purchase? Check out this guide to find out everything you need to know about shopping for CBD oil online.

One of the biggest advantages of buying CBD oil online is that you can easily find attractive wholesale deals. They might prove invaluable when you buy CBD oil in bulk. So, the next time you can’t decide whether to shop for CBD somewhere near you or online, keep that little thing in mind.

Royal CBD – Full Spectrum

  • Rated #1 for overall
  • Highest quality hemp oil on our list
  • 100% organic, free of pesticides and artificial ingredients
  • Established brand with 24/7 customer support
  • 30-day 100% money-back guarantee
  • Sourced from US-grown organic hemp
  • Contains full-spectrum CBD
  • Up to 80 mg CBD/mL
  • Great potency range for beginners
  • Third-party tested for potency and purity
  • Great kiwi-honey flavor

Is CBD Oil Legal in Delaware?

Long story short: yes, you can legally buy CBD oil in Delaware. However, depending on the source of the cannabinoid, the legal status may change. As you may already know, CBD oil can be derived either from hemp or marijuana.

Marijuana CBD Oil in Delaware

Since 2011, under The Delaware Medical Marijuana Act (Senate Bill 17), medical marijuana is legal for patients with an identification card and written certification from a physician. Once a patient has the documents, these should be sent to the Department of Health and Social Services to buy medical marijuana legally.

Moreover, if you’re a medical marijuana patient, you can legally possess up to 6 ounces of cannabis, but you can’t purchase more than 3 ounces of medical marijuana over a two-week period.

As for the legality of marijuana-based CBD oil in Delaware, since 2015, these oils are legal for both adults and minors under 18. However, it is recommended for minors who are medical marijuana patients to use marijuana-based oil with at least 15% of CBD and no more than 7% of THC.

Additionally, Senate Bill 181, signed into law in 2016 by Gov. Jack Markell, allows minors to use their medical marijuana while on school grounds.

Hemp CBD Oil in Delaware

Following the Farm Bill of 2018, all hemp-derived products are completely legal. Thus, hemp-derived CBD oil falls under the same commerce regulations and importation as other hemp-based products. Although individual state laws in the U.S. are fluid and dynamic, which means the states may enact their own laws regarding hemp-based products, buying CBD oil in Delaware is federally legal. No state legislation has been enacted to change the legal status of hemp-derived CBD products.

Where to Buy CBD Oil Locally in Delaware?

With the growing popularity of CBD products in the U.S., there are more and more places you can purchase CBD oil in Delaware. However, it’s not always easy to find a reputable source of your medicine, which is why we’ve prepared a list of top-notch CBD oil shops you can find in the state.

CBD Oil Shops in Wilmington

Name Address
VapeEscape 5321 Concord Pike, Wilmington, DE 19803
The Vape Saloon 1616 W Newport Pike, Wilmington, DE 19804
First State Compassion Center 37 Germay Dr, Wilmington, DE 19804

CBD Oil Shops in Philadelphia

Name Address
Phoenixville Smoke Shop 245 Bridge St, Phoenixville, PA 19460
Holy Smokes | Not Your Typical Vape & Smoke Shop 203 S Juniper St, Philadelphia, PA 19107
Vapor Central @ Holy Smokes | Not Your Typical Vape & Smoke Shop 1619 Grant Ave #30, Philadelphia, PA 19115

CBD Oil Shops in New Jersey

Name Address
Vapormaker 5400 N Black Horse Pike, Turnersville, NJ 08012
Vape 93 6 E Holly Ave, Pitman, NJ 08071
EarthE CBD 231 Chambersbridge Rd, Brick, NJ 08723

CBD Oil Shops in Dover

Name Address
Maxed Out Vape 529 S Red Haven Ln, Dover, DE 19901
First State Vape LLC 470 N Dupont Hwy, Dover, DE 19901
Puffster 115 Loockerman St, Dover, DE 19904

CBD Oil Shops in Newark

Name Address
VapeEscape 1834 Capitol Trail, Newark, DE 19711

Final Thoughts on Buying CBD Oil in Delaware

Although the CBD oil market in Delaware is rapidly growing, we don’t have a CBD retailer on every corner yet. Thus, with the legality of hemp-based CBD products in the U.S., you can easily buy your CBD oil online, which is not only more convenient but also easier and more cost-effective than looking for one locally. Plus, most manufacturers ship their products to all 50 states in the U.S. That being said, you can easily find your desirable hemp-based product online and enjoy some wholesale deals available online!

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Nina Julia

Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.

Is CBD Legal in Delaware?

The CBD industry is alive and well, and clearly isn’t going anywhere anytime soon. This wellness industry has exploded in recent years, which means that more people than ever before are seeking out CBD products to incorporate into their daily regimens. But, in terms of the legal status of cannabis, things can be a bit confusing all over the country. This applies to Delaware as much as any other state, as many people still mistakenly confuse hemp with marijuana.

The information that follows is based on independent research from Kigh. While we do our best to to gather information from credible sources, we are not attorneys at law and this should not be interpreted as legal advice.

CBD Laws in DElaware

CBD is a cannabinoid that’s native to the hemp plant. CBD products that are derived from hemp will not make you high, as they contain no more than 0.3 percent THC, the compound that makes marijuana psychoactive. Federal legislation regarding hemp was passed just two years ago, so how does this apply to residents living in Delaware?

Before we answer that question.

Is CBD oil Legal in Delaware?

Although the Farm Bill passed in 2018, many residents in Delaware still aren’t sure how the new legislation applies to their home state. We’re happy to say that hemp-derived CBD products are completely legal in the state of Delaware. In other words, any CBD product that comes from hemp rather than marijuana can be purchased by anyone living in the state. This, again, is because hemp contains below the legal limit of THC, the intoxicating compound that makes marijuana remain illegal on a federal level.

Medical marijuana is legal, however, in Delaware. This means that if you have a prescription for medical marijuana that was provided by your doctor, you can legally consume marijuana-derived CBD. While recreational marijuana use is legal in some states within the country, Delaware currently views marijuana as an illegal substance for recreational purposes.

Because CBD is legal in the state of Delaware, those interested in using CBD can do so without fear of legal repercussion. The Farm Bill of 2018 legalized hemp nationwide, and all of its derivatives. This allowed the state to make their own laws regarding hemp as they saw fit. Delaware did not enact legislation for CBD within the state, which means that the Farm Bill applies to the state of Delaware.

What Kind of CBD Products Can Be Purchased and Sold in Delaware?

Now, let’s dive a little deeper by exploring the variety of products that are legally available to CBD consumers in Delaware.

CBD Oil

CBD oil is an oil product that contains a combination of hemp extract and a carrier oil. Usually sold in a dropper bottle, CBD oil is the most versatile CBD product on the market. It’s primarily used as an oral tincture, but it has other uses as well. CBD oil can be used as a topical, a food additive and a base for a customized formula. CBD oil is legal in Delaware.

CBD Edibles

CBD edibles are edible products that are infused with hemp extract. Most commonly, CBD edibles are sold in the form of gummy candies. However, the edibles market is always expanding and growing to include new, tasty products. According to Delaware law, CBD edibles are legal.

CBD Vapes

CBD vapes refer to vaping goods that contain CBD. The most popular CBD vaping products are pre-filled e-liquid cartridges, bottled vape juice and disposable CBD e-cigarettes. All CBD vaping products are legal according to Delaware law.

CBD Topicals

CBD topicals refer to hemp-infused products that are applied to the skin, where they absorb into the body. Typically, you’ll find skincare products, body lotions, relief gels, multi-purpose salves and more. CBD topicals are legal in the state of Delaware.

And More!

The CBD market offers many other unique products as well, including beverages, capsules, pet goods and CBD flower. All of these products are legal in Delaware, as long as they are derived from the hemp plant.