Is CBD Oil Legal in Delaware?


Is CBD Oil Legal in Delaware?

Yes, CBD (cannabidiol) oil is legal in Delaware. According to the Delaware Industrial Hemp Act, licensed processors can convert raw hemp into hemp-derived CBD oil, which residents may purchase. CBD oil processed from hemp containing no more than 0.3% THC may be transported to other states under the 2018 Farm Bill.

In Delaware, CBD oil derived from marijuana with higher THC concentrations is legally accessible to registered cannabis patients and caregivers. The Delaware Medical Marijuana Act was signed into law in 2011, allowing patients recommended by licensed physicians to buy marijuana-derived CBD oil and other marijuana products. According to the Act, medical CBD products must contain at least 15% CBD and no more than 7% THC. Also, eligible patients must register with the Delaware Division of Public Health (DPH) in order to buy marijuana products, including cannabis-derived CBD oil, from licensed marijuana dispensaries.

What are Delaware CBD Laws in 2024?

The recent CBD-related law, House Bill 1, passed by the Delaware legislature in April 2023, allows marijuana products for residents aged 21 or older. Delaware residents within the legal age can only possess up to 1 ounce of marijuana products at once. Although recreational marijuana is legal, Delaware does not have authorized dispensaries to sell cannabis products currently.

Before the legalization of recreational marijuana, state legislators had enacted the following CBD-related laws:

  • The Medical Marijuana Act in 2011: Introduced and signed in 2011, Senate Bill 17 paved the way for Delaware’s medical marijuana program. The bill lists certain health conditions that qualify patients for medical marijuana use. Eligible patients must also be Delaware residents and be certified by licensed doctors to use medical CBD. While registered patients cannot cultivate marijuana, they can purchase marijuana-derived CBD products from licensed dispensaries (or compassion centers). The law also established the DPH Office of Medical Marijuana to register patients, caregivers, and dispensaries for the medical marijuana program
  • The Delaware Industrial Hemp Act in 2018: Passed in August 2018, Senate Bill 266 legalized hemp cultivation and processing for registered businesses or individuals. According to the bill, hemp producers and processors must obtain licenses from the Delaware Department of Agriculture (DDA) and comply with DDA’s Hemp Rules and Regulations in order to process hemp into CBD. The Delaware hemp law requires that hemp-derived CBD products must contain no more than 0.3% THC

Hemp-derived CBD is legal in the U.S. under the 2018 Agricultural Improvement Act. Enacted in December 2018, the Act removed hemp and its derivatives from the controlled substance schedules. Delaware residents can carry hemp and hemp-derived CBD products across state lines if the THC concentration does not exceed 0.3% by dry weight.

What are Delaware CBD Possession Limits?

Under Delaware hemp law, there are no restrictions on the amounts of hemp-derived CBD a person can possess legally. However, the Medical Marijuana Act permits possession of no more than 3 ounces of medical CBD oil every 14 days. Registered patients and designated caregivers may not purchase more than 6 ounces of marijuana-based CBD products monthly.

Can Doctors Prescribe CBD Oil in Delaware?

Yes. Healthcare practitioners licensed in Delaware can prescribe CBD oil containing more than 0.3% to patients with qualifying medical conditions. Such state-licensed practitioners may be Doctors of Osteopathic Medicine, APRNs (Advanced Practice Registered Nurses), or PAs (Physician Assistants). According to the Delaware Medical Marijuana Program, doctors may complete health care practitioner certifications if they find that their patients will benefit from using marijuana products such as CBD oil.

The new recreational marijuana legislation allows Delaware residents to possess marijuana-derived CBD oil without doctors’ prescriptions. Also, marijuana consumers do not need medical recommendations to buy hemp-derived CBD oil with no more than 0.3% THC.

How Old Do You Have to Be to Buy CBD in Delaware?

There are no age restrictions to buying hemp-based CBD products in Delaware. However, some local stores may prevent minors under 18 years from buying CBD products from them. The Delaware medical marijuana law permits CBD products containing high THC for patients aged 18 or older. Minors who register for the medical marijuana program must be accompanied by their parents or designated caregivers to buy medicinal CBD.

What are the Licensing Requirements for CBD in Delaware?

Individuals and businesses interested in producing or processing hemp for CBD in Delaware must obtain appropriate licenses from the state’s Department of Agriculture. The DDA producer license is for interested hemp cultivators and distributors who must be at least 18 years old. Such applicants must provide the following details to obtain the hemp producer license:

Processing hemp into CBD products in Delaware requires the DDA processing license, which is obtainable by providing the following documents:

The DDA provides a guide on how to complete the application forms successfully. Applicants can complete and submit the necessary documents by mail or in person to/at:

Delaware Department of Agriculture

Attn: Hemp Program

2320 South DuPont Highway

Dover, DE 19901

Note that the DDA does not license retailers providing hemp-derived CBD products to consumers. Marijuana-derived CBD products are available only at licensed compassion centers in Delaware. According to Section of the Delaware Medical Marijuana Code, medical CBD products must be sealed in tamper-resistant packaging, and the labeling should indicate the following:

  • Manufacturer's name
  • Production and expiry dates
  • The CBD strain and cannabinoid profile
  • The statement: “this product is for medical use only, not for resale”
  • Some dosage recommendations

Where to Buy CBD in Delaware?

Delaware has compassion centers authorized to sell medical CBD products to registered patients and caregivers. Residents can visit these licensed dispensaries with their medical marijuana cards to buy marijuana-derived CBD oil. On the other hand, hemp-based CBD products are available at local stores and pharmacies in Delaware. Since hemp is legal in the U.S., residents can order CBD (with no more than 0.3% THC) from online shops and deliver them to their homes.

What is CBD Oil?

CBD oil, or cannabidiol oil, is derived from cannabis plants like hemp and marijuana. Manufacturers obtain CBD oil by extracting CBD from hemp or marijuana and diluting the CBD extract with coconut or hemp seed oil. The golden or amber-colored CBD oil produced often has an earthy, herbal aroma and flavor.

Generally, hemp and marijuana plants contain several chemical compounds (cannabinoids), including CBD and THC. CBD is known for its therapeutic effects, while THC (tetrahydrocannabinol) produces mind-altering effects in consumers. In Delaware, CBD products are available in oils, capsules, pills, creams, lotions, tinctures, vapes, and edibles/gummies.

The legal status of CBD oil depends on the source or THC concentration. Hemp-derived CBD containing no more than 0.3% THC is legal under the 2018 Agriculture Improvement Act. However, the Food and Drug Administration (FDA) has not approved hemp CBD products used as food supplements. Nonetheless, Delaware has legalized hemp and marijuana CBD for medical and recreational purposes.

What Does CBD Do?

When consumed, CBD interacts with the body's endocannabinoid system and other receptors to produce therapeutic effects. According to a research report, CBD may be recommended for the following health conditions:

  • Chronic pain, arthritis, and multiple sclerosis-related pain
  • Anxiety and stress
  • Insomnia
  • Inflammatory bowel diseases
  • Neurodegenerative disorders such as Alzheimer's and Parkinson's diseases
  • Certain forms of epilepsy, such as Dravet syndrome and Lennox-Gastaut syndrome

CBD also possesses anti-inflammatory qualities, which are ideal for treating skin conditions like acne, eczema, and psoriasis.

Does CBD Show Up on Delaware Drug Test?

No, CBD does not show up on a drug test. Generally, regular drug tests in Delaware only detect the presence of THC metabolites in the body. This means that hemp CBD products containing only trace amounts of THC do not usually test positive to drug tests. Conversely, marijuana CBD products with high THC amounts may show up on common drug tests, depending on the amount and duration of last consumption

In this section: