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. Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online.
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 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 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 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 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.
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.
Where to Buy CBD Oil in Delaware in 2022
If you are trying to find the best deals on legal CBD oil in Delaware, this is the article for you.
Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online and in-store.
It’s usually easiest to shop for your products online rather than driving around town from store to store. You can find many of the same products online that you would find locally but the deals are often much better.
Shopping online also allows you to research the products quickly, which is important. The laws in Delaware regarding CBD oil can change significantly depending on how the CBD oil was made.
3. Most Hemp-Derived Cannabinoids Legal | Δ8, Δ9, and Δ10 Illegal | Marijuana Medical Use Only
Table of Contents
Buy CBD Oil in Delaware:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Delaware in 2022?
Yes, CBD oil is legal to purchase in Delaware, but you need to be aware of the law to avoid any trouble with the authorities.
Depending on whether or not your CBD oil contains THC, the legal circumstances can change.
Industrial hemp products are treated differently than those derived from flowering marijuana plants.
Luckily for those of you who are looking to buy CBD oil in Delaware, this small change means that industrial hemp extracts are completely legal.
CBD oil derived from industrial hemp doesn’t typically contain enough THC (legally less than 0.3%) to get the user high. Using these products will get you all the benefits of CBD without the buzz.
You can find CBD oil in many different forms. It can be purchased as a tincture, cream, balm, wax, vape juice, and there are even products available for your pets.
Whether you decide to pick up your products online or in-store, there are a few things you should do to protect yourself from sketchy companies.
Read our guide below for finding quality CBD oils from a trustworthy supplier.
Let’s examine the Delaware law regarding medical marijuana to see if you may be eligible to purchase CBD oil with a higher THC content.
Is Marijuana Legal in Delaware in 2022?
Marijuana is only legal for medical purposes in Delaware. The state has also decriminalized marijuana.
In 2015, HB 39 decriminalized small amounts of marijuana, making possession of less than 6.2 ounces a misdemeanor and less than 1 ounce a civil infraction.
In 2021, Delaware considered HB 150, which would have legalized recreational marijuana up to an ounce for anyone over 21.
In 2011, Delaware became the 16th state to legalize the use of medical marijuana.
Under the Delaware Medical Marijuana Act, residents of Delaware may apply for a medical marijuana license with the recommendation of a physician.
Additionally, you will need to pay a one-time $125 application fee and prove that you have an eligible condition.
Eligible medical conditions for medical marijuana in Delaware:
- Decompensated Cirrhosis
- Amyotrophic Lateral Sclerosis
- Crohn’s disease
- Alzheimer’s disease
- Cachexia or Wasting Syndrome
- Severe/debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
- Severe nausea
- Severe and persistent muscle spasms
- Post-traumatic stress disorder (PTSD)
- Terminal illness
Strangely, this law doesn’t prevent an arrest for marijuana possession. It simply provides a legal defense if prosecuted.
If you are arrested for possession while holding a medical marijuana license, you may have a legal defense if you can satisfy the following conditions:
- You were in possession of no more than six ounces of marijuana and no plants.
- You possessed marijuana solely to treat or alleviate the patient’s severe or debilitating medical condition.
- Your physician has stated that you are likely to receive therapeutic benefit from marijuana to treat or alleviate your serious or debilitating medical condition.
- You didn’t possess marijuana on school grounds, on a school bus, in state-funded health care or treatment facility
- You weren’t smoking marijuana in a public place or in any form of transportation.
If you are under the age of 18, you may be able to apply for a medical marijuana license if you are suffering from one or more of the following conditions:
- Intractable epilepsy
- A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
- Cachexia or wasting syndrome
- Intractable nausea
- Severe, painful and persistent muscle spasms
Delaware recently passed “Rylie’s Law”, which permits caregivers to administer CBD oil to children with debilitating health conditions on school buses and school grounds.
Once you have obtained a medical marijuana license, you may be able to legally purchase CBD oil products through a local dispensary or easily find them online.
If you aren’t able to get a medical marijuana license, don’t worry. You can still legally purchase your favorite industrial hemp products online and in-state.
How to Buy CBD Oil in Delaware
As the laws and regulations around CBD evolve, it can be difficult to find quality products at a good price.
Some companies are advertising CBD oil as a miracle drug or selling items that contain significantly less CBD than they should.
Follow these simple steps to protect yourself against sketchy companies.
- Always ensure that the CBD oils you purchase are double-checked by a third-party lab. These labs can test for unwanted chemicals or heavy metals and make sure the CBD content matches what the company is advertising.
- Another good sign is if the company’s industrial-hemp products manufactured using the CO2 extraction method. Producing CBD oil by CO2 extraction doesn’t require any additional solvents or heat. This means that your CBD will be pure and potent.
- Above everything else, make sure the company you choose doesn’t make wild claims about the potential of CBD. If a company is claiming that their product cures cancer, it’s a very good sign that they should be avoided. CBD oils have many health benefits, but they are not a miracle drug.
If you follow the advice above, you’re on the right track to finding a trustworthy source for your CBD needs. This advice applies to any product sold online or in-store.
Purchasing CBD oil online is by far the most convenient method in Delaware. It allows you to choose and compare many different products within a matter of minutes.
Why leave the comfort of your own home when you can get quality CBD products delivered straight to your door?
Another benefit of online stores is they often allow you to take advantage of bulk discounts or special offers that local shops wouldn’t be able to match.
Most importantly, shopping online gives you valuable information about the companies and products they offer that may be difficult to obtain in a local shop.
Driving from store to store to compare products takes time. If you are more comfortable shopping in person, there may be a local retailer with CBD oil near you.
Take a look at our list below for stores in Delaware that can help you.
Local Stores in Delaware
Delaware does have a limited number of dispensaries that can help those with medical marijuana licenses.
If you don’t have a medical marijuana license, you will have to see if your local vape stores, head shops, and natural health retail outlets carry industrial hemp products.
There are hundreds of products available in-stores. Remember to double-check the source of your CBD oil so that you know your CBD oil is legal.
Follow the advice above to make sure you are getting a quality product.
What Is CBD Oil? Why Is It So Popular?
In the United States, CBD oil is a brand new and exploding industry. In 2017, over $190 million worth of CBD oil products were sold. There is a huge market for CBD oil as a health supplement.
Many states have been changing their marijuana laws. As of November 2018, 33 states have successfully implemented medical marijuana programs, and eleven have legalized marijuana for recreational use.
People slowly realize that marijuana products don’t cause “reefer madness” and it has many different medical applications.
CBD is a chemical compound found in marijuana and hemp plants that has several health benefits. It has been shown to treat seizures, inflammation, pain, and anxiety.
It can be extracted from both flowering marijuana plants and industrial hemp plants; this is an important distinction because the law views the two products differently.
CBD oil extracted from flowering marijuana plants contains higher levels of THC (tetrahydrocannabinol); this is the chemical in marijuana that causes the user to feel high.
On the other hand, Industrial-hemp derived CBD oil contains very little THC (usually no more than 0.3%) and therefore doesn’t cause the high usually associated with marijuana.
This means that you can take advantage of all the health benefits of CBD oil without getting stoned.
Is Delta 8 THC Legal in Delaware 2022?
Delta 8 THC is not legal in Delaware.
The cannabinoid could be beneficial for many people, considering its similarities to delta 9 (THC), but many states have banned it.
It’s an isomer of THC, so it acts in much the same way, but it’s far less potent. Yet still strong enough to make you high.
Buying Delta 8 THC
If you live in Delaware, you can’t buy it.
But if you could, we would tell you to shop for it the same way we tell you to shop for CBD: carefully. Third-party tests are your best friend, and they’ll tell you all you need (but still make sure everything else checks out).
If you go somewhere that allows delta 8, choose one of these three vendors for the most potent products:
Maybe someday soon you’ll need this information, so just remember to buy safely.