Laws surrounding CBD and marijuana can be complicated. States continue to struggle to establish their own rules, regulations, and boundaries about the elusive substance following the Federal Farm Bill of 2014—which legalized the industrial hemp industry in all fifty states. As state and federal law continues to shift, consumers may be fed conflicting information concerning the precise legal status of various types of CBD, cannabis, and hemp products.
This guide should serve as a starting point for research into the legal status of these substances—but not an ending point. Readers are ultimately responsible for following all laws relevant to their CBD usage, including local, state, and federal regulations. This guide does not constitute legal advice, although its authors have made every attempt possible to ensure that the information cited is accurate and up-to-date.
Is CBD Legal in Delaware?
The good news for CBD users in Delaware is that the industrial hemp-derived CBD products that many consumers have come to love are completely legal within the state. There are just a few stipulations concerning the different THC contents exhibited by the CBD products, but for the most part consumers can rejoice—CBD is legal in Delaware.
Delaware was quicker than most states when it came to the legalization of hemp-derived CBD oils. The state’s legislators passed House Bill 385 way back in 2014, legalizing hemp-derived CBD for all users above the age of eighteen in the states. Although there exists no Delaware adult-use, recreational marijuana as of the time of writing this guide, Delaware offers a medical marijuana program, as well as one of the most robust medical marijuana dispensary industries in the entire country.
Taken as a whole framework, the medical marijuana industry and CBD legalization makes it possible for medical patients to acquire any type of CBD, while non-suffering CBD users can access low-THC CBD products. The distinction between these two remains exceedingly important to modern interpretations of Delaware CBD law.
CBD Rules in Delaware
Although the 2014 Delaware law made it legal for consumers to possess and purchase industrial hemp, Delaware remains relatively restrictive when it comes to who can grow and distribute industrial hemp itself. According to the 2014 legislation, industrial hemp can be grown only be accredited institutions, and only on the condition that they provide a definitive research plan, which can either be centered on academic research or agricultural research. Additionally, these growers must provide the location of their hemp field, as well as registration documents with the Delaware Department of Agriculture.
CBD with high THC content can only be acquired by patients who have a medical marijuana access card, which can only be issued by a licensed physician. Physicians may only issue these medical marijuana cards for a preapproved list of conditions, all of which the state has legally labeled as “chronic ailments.” Users interested in accessing medical marijuana from one of the state’s many dispensaries should inquire with their physician to see if their condition qualifies for the existing program.