Is CBD Oil Legal In Delaware

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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 mentio Wondering where to buy CBD oil in Delaware? Whether you're in Wilmington, Dover, or even Newark, you're in luck! 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?

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:

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.

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.

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.

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Where to buy CBD 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.

Where to Buy CBD Oil in Delaware? Hemp Oil Laws & Legality (2022)

Although Delaware does not have a reputation as the most cannabis-friendly state in the U.S., it’s actually among the most progressive states regarding marijuana legalization and a fast-growing market for CBD products.

In fact, the state has recently passed comprehensive medical marijuana legislation. With the recent decriminalization of marijuana, possession of small amounts of marijuana is legal. Many people believe Delaware will be one of the next states to legalize the recreational use of cannabis for adults completely.

Looking for the best place to buy CBD oil in Delaware? Here is a comprehensive guide on the legality of CBD in the state, as well as a list of places where you can buy this plant-derived supplement.

Update: We no longer recommend purchasing CBD oil locally due to contaminated and untested CBD oils being sold in Delaware stores.

If you are interested in learning more, read our guide on buying CBD near you.

We have compiled a list of the best pure CBD oils available for purchase legally in Delaware below to save you time.

Where to Buy CBD Oil in Delaware?

As mentioned before, the CBD market is rapidly growing in Delaware, and since all hemp-based CBD products are fully legal, you can buy CBD oil in both retail shops and via online stores. In the most popular Delaware cities, you shouldn’t have problems finding a reputable retailer, but if you want to have unlimited access to a wide range of products at the best prices – consider looking for CBD oil online, where you can find a whole new world of CBD-infused products.

Buying CBD Oil Online in Delaware

If you don’t live anywhere near a good retail store with CBD products, you can easily find a CBD oil store online, which is actually a great choice considering online retailers have a greater variety of CBD-based products to choose from.

Although finding the right manufacturer with limited information on the quality, reviews, and third-party lab testing results in a physical store may seem difficult, many companies provide quality CBD oils online that have been very well verified by the CBD community. Want always to end up happy with your purchase? Check out this guide to find out everything you need to know about shopping for CBD oil online.

One of the biggest advantages of buying CBD oil online is that you can easily find attractive wholesale deals. They might prove invaluable when you buy CBD oil in bulk. So, the next time you can’t decide whether to shop for CBD somewhere near you or online, keep that little thing in mind.

Royal CBD – Full Spectrum

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Is CBD Oil Legal in Delaware?

Long story short: yes, you can legally buy CBD oil in Delaware. However, depending on the source of the cannabinoid, the legal status may change. As you may already know, CBD oil can be derived either from hemp or marijuana.

Marijuana CBD Oil in Delaware

Since 2011, under The Delaware Medical Marijuana Act (Senate Bill 17), medical marijuana is legal for patients with an identification card and written certification from a physician. Once a patient has the documents, these should be sent to the Department of Health and Social Services to buy medical marijuana legally.

Moreover, if you’re a medical marijuana patient, you can legally possess up to 6 ounces of cannabis, but you can’t purchase more than 3 ounces of medical marijuana over a two-week period.

As for the legality of marijuana-based CBD oil in Delaware, since 2015, these oils are legal for both adults and minors under 18. However, it is recommended for minors who are medical marijuana patients to use marijuana-based oil with at least 15% of CBD and no more than 7% of THC.

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Additionally, Senate Bill 181, signed into law in 2016 by Gov. Jack Markell, allows minors to use their medical marijuana while on school grounds.

Hemp CBD Oil in Delaware

Following the Farm Bill of 2018, all hemp-derived products are completely legal. Thus, hemp-derived CBD oil falls under the same commerce regulations and importation as other hemp-based products. Although individual state laws in the U.S. are fluid and dynamic, which means the states may enact their own laws regarding hemp-based products, buying CBD oil in Delaware is federally legal. No state legislation has been enacted to change the legal status of hemp-derived CBD products.

Where to Buy CBD Oil Locally in Delaware?

With the growing popularity of CBD products in the U.S., there are more and more places you can purchase CBD oil in Delaware. However, it’s not always easy to find a reputable source of your medicine, which is why we’ve prepared a list of top-notch CBD oil shops you can find in the state.

CBD Oil Shops in Wilmington

Name Address
VapeEscape 5321 Concord Pike, Wilmington, DE 19803
The Vape Saloon 1616 W Newport Pike, Wilmington, DE 19804
First State Compassion Center 37 Germay Dr, Wilmington, DE 19804

CBD Oil Shops in Philadelphia

Name Address
Phoenixville Smoke Shop 245 Bridge St, Phoenixville, PA 19460
Holy Smokes | Not Your Typical Vape & Smoke Shop 203 S Juniper St, Philadelphia, PA 19107
Vapor Central @ Holy Smokes | Not Your Typical Vape & Smoke Shop 1619 Grant Ave #30, Philadelphia, PA 19115

CBD Oil Shops in New Jersey

Name Address
Vapormaker 5400 N Black Horse Pike, Turnersville, NJ 08012
Vape 93 6 E Holly Ave, Pitman, NJ 08071
EarthE CBD 231 Chambersbridge Rd, Brick, NJ 08723

CBD Oil Shops in Dover

Name Address
Maxed Out Vape 529 S Red Haven Ln, Dover, DE 19901
First State Vape LLC 470 N Dupont Hwy, Dover, DE 19901
Puffster 115 Loockerman St, Dover, DE 19904

CBD Oil Shops in Newark

Name Address
VapeEscape 1834 Capitol Trail, Newark, DE 19711

Final Thoughts on Buying CBD Oil in Delaware

Although the CBD oil market in Delaware is rapidly growing, we don’t have a CBD retailer on every corner yet. Thus, with the legality of hemp-based CBD products in the U.S., you can easily buy your CBD oil online, which is not only more convenient but also easier and more cost-effective than looking for one locally. Plus, most manufacturers ship their products to all 50 states in the U.S. That being said, you can easily find your desirable hemp-based product online and enjoy some wholesale deals available online!

Nina Julia

Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.

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:
  1. Cancer
  2. HIV/AIDS
  3. Decompensated Cirrhosis
  4. Amyotrophic Lateral Sclerosis
  5. Crohn’s disease
  6. Autism
  7. Alzheimer’s disease
  8. Cachexia or Wasting Syndrome
  9. 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
  10. Severe nausea
  11. Seizures
  12. Severe and persistent muscle spasms
  13. Post-traumatic stress disorder (PTSD)
  14. Terminal illness

Strangely, this law doesn’t prevent an arrest for marijuana possession. It simply provides a legal defense if prosecuted.

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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:

  1. You were in possession of no more than six ounces of marijuana and no plants.
  2. You possessed marijuana solely to treat or alleviate the patient’s severe or debilitating medical condition.
  3. Your physician has stated that you are likely to receive therapeutic benefit from marijuana to treat or alleviate your serious or debilitating medical condition.
  4. You didn’t possess marijuana on school grounds, on a school bus, in state-funded health care or treatment facility
  5. 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:

  1. Intractable epilepsy
  2. A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
    1. Cachexia or wasting syndrome
    2. Intractable nausea
    3. 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.

    1. 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.
    2. 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.
    3. 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.

    Online Shops

    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.

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