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Is CBD Legal in Delaware?

The First State has a medical marijuana law that allows people with qualifying conditions to obtain cannabis for medical purposes. Where does that place CBD oil? Is CBD legal in Delaware? Let’s take a look.

Delaware passed its medical marijuana law in 2011 and seven years later, in June 2018, it was on the verge of legalizing weed. Although the bill was voted in by the majority of the lawmakers in the Delaware House of Representatives, it did not proceed because it lacked supermajority support. The proposal received 21 affirmative and 15 negative votes—five members didn’t vote—which was only four votes short of the requirement. [1]

Is CBD legal in Delaware?

RELATED: Is CBD Hemp Oil Legal in All 50 States?

Is CBD Legal in Delaware?

Yes, CBD is legal in Delaware. Thankfully, hemp-derived CBD is readily available and is 100% legal in all U.S. states.

After President Trump signed the national Hemp Farm Bill into law, everything changed for the hemp industry.

The level of THC allowed in hemp remains at 0.3 percent, and CBD oil with THC content above that limit is considered marijuana, an illegal substance federally. Hemp-derived CBD and other hemp products can still only be produced by licensed growers, and according to the regulations of the Farm Bill. Hemp farmers are equal to other farmers regarding certifications, competitive grants, and insurance, all issued by the U.S. Department of Agriculture. [2]

Delaware’s Medical Marijuana History

Delaware’s Medical Marijuana History

This list was limited, though.

It has, since then, expanded, so it now includes the following: [3] [4]

  • Cancer
  • Terminal Illness
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Decompensated cirrhosis
  • Amyotrophic Lateral Sclerosis (ALS)
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Intractable epilepsy
  • Autism with self-injurious or aggressive behavior
  • Glaucoma
  • Chronic Debilitating Migraines
  • A chronic or debilitating disease or medical conditions or its treatment that produces one or more of the following:
    • Cachexia or wasting syndrome
    • Severe, debilitating pain that has not responded to previously prescribed medical or surgical measures for more than three months or for which other treatment options produced serious side-effects
    • Intractable nausea
    • Seizures
    • Severe or persistent muscle spasms, including but not limited to those characteristics of multiple sclerosis

Delaware has also decriminalized marijuana.

RELATED: Hemp CBD Vs Marijuana CBD: There's a Difference

The law allows patients with a registry identification card to use and possess up to six ounces of cannabis. At-home cultivation of cannabis is not allowed in this state. Delaware has also decriminalized marijuana. (Note: this does not mean its possession and use is legal, but getting caught with it will not result in a criminal offense charge.)

Since the adoption of the first bill, the medical cannabis law in Delaware has changed a few times.

First, Delaware lawmakers started permitting regulations for the bill, but in 2012, before finalizing the regulations, Gov. Markell suspended the program. The reason behind the suspension was a letter that was sent to the governor from the U.S. Attorney for Delaware in which he threatened with legal actions against state employees.[5]

U.S. Attorney Charles Oberly III stated in the letter that “Growing, distributing and possessing marijuana, in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities… Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes.” [6]

What killed the project was the last sentence which pretty much prevented Delaware’s Department of Health and Social Services to issue licenses to medical marijuana dispensaries.

The governor received appreciation and encouragement by state Senator Margaret Rose Henry. Senator Henry expressed how it would be unfair for state employees to be at risk of prosecution for providing chronically ill patients with help. [6]

Luckily, the following year Gov. Markell removed the suspension and the process of implementing regulations was completed. The first Compassion Center opened in 2014.

The most notable changes to Delaware medical marijuana law were made to the SB 90 Bill, which was passed in 2015. This act was the first one that defined “medical marijuana oil” as: [7]

“Cannabidiol oil” which is a processed Cannabis plant extract that contains at least 15 percent cannabidiol but not more than seven percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of cannabidiol per milliliter but no more than seven percent tetrahydrocannabinol; and

“THC-A oil” which is a processed Cannabis plant extract that contains at least 15 percent tetrahydrocannabinol acid but not more than seven percent tetrahydrocannabinol or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of tetrahydrocannabinol per milliliter but no more than seven percent tetrahydrocannabinol.

This law may create confusion regarding CBD oil because it allows the oil to have a THC limit way above the federal legal limit, which is only 0.3 percent. So, federally, this type of CBD oil is categorized as medical marijuana and is different from hemp-derived CBD oil.

Delaware House of Representatives passed HB 385, in 2014, which regulated industrial hemp for research purposes. [8]

Delaware House of Representatives passed HB 385, in 2014, which regulated industrial hemp for research purposes.

RELATED: Are You Using Organic CBD Oil?

Where to Buy CBD in Delaware?

Several years after legalization, medical marijuana patients in Delaware were still struggling to obtain medical cannabis and were forced to travel to other states to get their doses. To find CBD oil, Delaware citizens now have access to three state dispensaries, or Compassionate Care Centers. [9]

Also, buying CBD oil or other products online has worked for many people.

Here is what you should pay attention to when purchasing CBD from an online source:

Reputable Source 

You could check out products from overseas, but we recommend sticking to U.S. suppliers.

Some CBD sellers over-promise and under-deliver. They paint a perfect picture of themselves just to sell their products. Even in the U.S., to protect yourself, you might need to do some “digging” on the company before buying. This includes checking online reviews, testimonials, social media pages and more. Also, if the source doesn’t say it on their website, ask after the origins of the hemp from which the CBD is extracted. If they refuse or are not forthcoming to disclose this information, be wary of buying from them.

Organically-Grown, Tested Hemp is a Must

Pesticide intake when you are ingesting a healthy product is obviously not optimal at all. Keep high standards and only buy from suppliers that make CBD from organically-grown hemp. So, check the source of the hemp, ask for third-party lab testing, and pay attention to the extraction method.

Full Spectrum vs. CBD Isolate

Full spectrum (or whole plant) CBD offers more health benefits than CBD isolate. A study looked into the difference between these two extracts and found greater efficiency in healing pain and inflammation with full spectrum CBD than with CBD isolate. [10]

RELATED: How To Choose A High Quality CBD Oil

Is CBD legal in Delaware? Yes, it is, and efforts are constantly being made to legalize recreational marijuana.


  1. https://www.forbes.com/sites/tomangell/2018/06/27/majority-of-delaware-lawmakers-approve-marijuana-legalization-bill-but-it-fails/#4f41164e15da
  2. https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
  3. https://legiscan.com/DE/text/SB17/id/289673 [Under: §4902A Definitions]
  4. https://dhss.delaware.gov/dph/hsp/medmarconditions.html
  5. https://www.safeaccessnow.org/delaware_legal_information
  6. https://whyy.org/articles/delaware-lawmaker-urging-governor-to-re-think-medical-marijuana-stance/
  7. https://legiscan.com/DE/text/SB90/id/1247681 [Under: §4902A Definitions; (21) “Medical marijuana oil means…”]
  8. https://legis.delaware.gov/BillDetail/23051
  9. https://www.delawareonline.com/story/news/local/2016/09/02/delaware-medical-marijuana-patients-limbo/89095904/
  10. http://dx.doi.org/10.4236/pp.2015.62010

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