Is CBD Legal in Delaware?

by Kat Austin December 04, 2020 6 min read

Is CBD Legal in Delaware? - Vida Optima™

A map showing Delaware and surrounding states

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:

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?

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.

Key Takeaways

  • 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.

That’s not all—

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.

CBD oils like these are legal and popular in Delaware

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?

A handful of CBD oil capsules, one of the types of products that can be legally bought 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.


  1. “H.R.5485 - Hemp Farming Act of 2018”
  2. “House Bill 385”
  3. “Senate Bill 266”
  4. “2020 Hemp Program”

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