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CBD oil has gained popularity for managing conditions like insomnia and anxiety, but regulations across the U.S. vary by state, making it difficult to navigate. So, is CBD legal in Delaware?
Yes, Delaware legalized CBD alongside industrial hemp in 2014. However, the state has few regulations to protect consumers. This means while you can buy CBD oil in Delaware, including full-spectrum and zero THC options, it's important to vet products carefully. Delaware allows the sale of hemp-derived CBD, but clear guidelines for consumer protection are limited.
Here's what you should know about CBD oil in Delaware.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Delaware?
Is full spectrum CBD legal in Delaware?
Does Delaware have a CBD possession limit?
Do you need a prescription for CBD oil in Delaware?
Where to buy CBD in Delaware?
How old to buy CBD in Delaware?
Is CBD legal in all 50 states?
Resources
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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Delaware legalized hemp-derived CBD by default in 2014 with minimal regulations, making it widely accessible but with potential risks due to a lack of quality controls, similar to states like Arizona and Alabama.
Here are the details:
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.
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.
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.
To date, there are no possession limits for CBD products that meet legal guidelines 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.
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.
Delaware has no specific regulations on the legal age to buy CBD, making it theoretically accessible to all ages, though products like smokable hemp flower or CBD vaporizers may not be suitable for younger users.
Rules can vary by jurisdiction, and many smoke shops require buyers to be 21 due to tobacco laws. However, many CBD brands allow customers 18 and older to order online and will ship legal CBD products, including full spectrum and zero THC CBD oil, to Delaware.
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.
Yes, you can buy CBD products in Delaware, including full spectrum CBD oil and zero THC CBD oil. The state has legalized hemp-derived CBD, making products like CBD oil and hemp flower widely accessible in local stores and online.
Yes, CBD edibles are legal in Delaware as long as they are derived from hemp and contain less than 0.3% THC. You can find CBD gummies and other edible products in stores or buy CBD oil in Delaware to create your own edibles.
No, in Delaware, you need a medical marijuana card to access cannabis dispensaries. However, hemp-derived CBD products, such as CBD oil and hemp flower, do not require a card and can be purchased freely across the state.
While CBD is legal in most U.S. states, some states have stricter regulations. States like Idaho, Iowa, and South Dakota have specific restrictions on CBD products, making it important to verify local laws if you're traveling outside Delaware or nearby states.
Yes, you can bring CBD gummies on a flight as long as they are derived from hemp and contain less than 0.3% THC, which is the case for most CBD products sold in Delaware. Be sure to check the regulations of your destination state to ensure compliance.
Research and anecdotal evidence suggest that CBD may help reduce anxiety in some individuals. Many people in Delaware use full spectrum CBD oil or zero THC CBD oil to manage stress and anxiety, but results can vary from person to person.
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