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Is CBD oil legal in Delaware?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Delaware CBD laws
  4. Where to buy CBD in Delaware
  5. How to read CBD labels and packaging

CBD oil derived from hemp is legal in Delaware, with CBD products available for purchase throughout the state. In addition to hemp-derived CBD products that can be purchased over-the-counter, Delaware has also had a medical marijuana program since 2011 with the passage of the Delaware Medical Marijuana Act. Eligible patients can buy CBD oil derived from cannabis, along with cannabis products containing both CBD and THC.

Adult-use cannabis remains illegal, although in 2015,House Bill 39 decriminalized the possession and private use of up to one ounce of cannabis. In 2019, the bill was expanded to decriminalize juvenile possession of one ounce or less.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule I, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The Hemp Farming Act of 2018 re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it has been cultivated according to federal and state regulations.

The 2018 Hemp Farming Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Hemp Farming Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.

The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD products.

In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.

In March of 2020, the FDA released guidelines for manufacturers, processors, and vendors of hemp-derived CBD products.

Delaware CBD laws

Delaware cannabis legislation bears infrequent mention to CBD. Medical marijuana was legalized in the state in 2011, under theDelaware Medical Marijuana Act. Under the state’s medical marijuana program, patients with a qualifying health condition and a medical marijuana card can purchase CBD products derived from marijuana.

In Delaware, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC. Photo by: Gina Coleman/Weedmaps

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According to the act, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC, or must be a dilution that contains at least 50 milligrams of CBD per milliliter, and no more than 7 percent THC.

Hemp cultivation was legalized in Delaware in 2014. House Bill 385, which was informed by the 2014 Farm Bill, allowed for the production of industrial hemp strictly for research purposes. Hemp is defined as any part of the Cannabis sativa L. plant, including the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, salts of isomers, with no more than .3% THC on a dry weight basis.

The provisions of House Bill 385 were expanded in 2018 with the passage of Senate Bill 266, which was approved several months before the 2018 federal Farm Bill was signed into law. This bill endowed the Delaware Department of Agriculture with the authority to adopt and change hemp-related laws to align with federal rules and policies. The act positioned Delaware to permit the industrial cultivation of hemp when federal restrictions were repealed following the 2018 Farm Bill.

Delaware is awaiting approval for its state hemp plan from the USDA. Although no commercial production of hemp is permitted in the interim, growers can still legally produce hemp under the Delaware Hemp Research Pilot Program.

Delaware hemp legislation makes no specific reference to CBD, which has resulted in a relatively unrestricted and unregulated hemp-derived CBD market.

Licensing requirements for CBD

The Delaware Department of Agriculture is responsible for licensing hemp cultivation and production in the state. Those who are interested in cultivating hemp must apply through the Hemp Research Pilot Program, which requires the grower to establish a research agreement with an appropriate approved institution.

Those who apply must provide fingerprints and a background check. Approved and authorized applicants can collect hemp seed from the Delaware Department of Agriculture. A department representative must be notified at least 15 days before the harvest to sample the crop for THC levels.

Delaware also has a program in place to grant licenses for the processing of hemp.

Delaware CBD possession limits

There are no limits on hemp-derived CBD possession in Delaware.

There are no limits on hemp-derived CBD possession in Delaware. Photo by: Gina Coleman/Weedmaps

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Eligible patients accessing CBD through the state’s medical marijuana program are permitted to purchase a limit of three ounces every two weeks.

There is currently no specific legislation outlining the penalties for possession of cannabis-derived CBD. There is, however,a sliding scale of penalties for those found in possession of more than one ounce of cannabis. The possession of less than one ounce of cannabis without a medical marijuana card is considered a civil offense, punishable by a fine of no more than $100. Possession of more than one ounce up to 175 grams of cannabis is a misdemeanor punishable by up to three months in jail and a fine of up to $575. Possession of more than 175 grams of cannabis is considered a felony offense and may be punishable by up to three years in jail.

Where to buy CBD in Delaware

CBD products derived from hemp can be found throughout Delaware in retail outlets such as convenience stores, health food stores, coffee shops, and a growing number of CBD-specific retailers.

CBD products derived from cannabis are only available from authorized dispensaries.

Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.

Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and compare CBD products based on price. CBD brands often also have their own ecommerce shop, allowing the consumer to purchase their desired CBD products straight from the source. Find out more about where to purchase CBD.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution, and take necessary precautions such as doing some research before making a purchase to ensure the CBD comes from a reliable source. Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Is CBD oil legal in Delaware? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Delaware CBD laws Where to

Best CBD Oil in Delaware

Our editors put this guide together to help you find the best CBD shops in the Delaware area.

Our favorite CBD products can be purchased online for delivery to Delaware:

The Best Places to Buy CBD in Delaware

CBD is a health and wellness product with many applications that is rapidly growing in popularity — and most experts predict continued growth.

For a state of its size, Delaware has several quality brick-and-mortar CBD shops, but you might prefer to buy CBD online for convenience, wholesale pricing, and delivery services. Online retailers also tend to have a wide selection of high-quality CBD strains, including CBD oils, capsules, edibles, tinctures, balms, and other CBD products.

Is CBD Legal in Delaware?

Delaware was the first state, and it’s one of the smallest, but don’t let that fool you. It is more cannabis-friendly than you may think! Delaware legalized the use of medical marijuana back in 2011. Marijuana and marijuana-derived CBD are legal for medicinal use. Either of these products must be purchased through a licensed dispensary, and you must obtain a prescription from a Delaware-licensed physician. They even went on to decriminalize marijuana possession (in small amounts) in the year 2015.

CBD, as a whole, has been legal in Delaware since 2014. House Bill 385 made it legal for any accredited institution to grow industrial hemp; these companies fall under the governance of the Department of Agriculture. This only applies to hemp-derived CBD, but it makes it, so you do not need a prescription or any special permissions to purchase and consume CBD that comes from industrial hemp. Delaware also instituted a hemp cultivation program in 2018 which allows hemp to be grown statewide with no restrictions outside of those that are federally instated. As you know, hemp-derived CBD with a THC concentration of less than .3% is federally legal for recreational consumption.

What Is CBD?

CBD is one of over 85 cannabinoids in the cannabis plant, but differs from other cannabinoids on a major point: it will not get you high. CBD is a non-psychotropic with only trace amounts of THC, so no matter the strain or dosage, CBD has zero intoxicating effects, making it a safe and legal alternative to other cannabis products.

CBD also has significant health benefits. In particular, CBD affects the endocannabinoid system, which controls day-to-day functions from appetite and mood, to hormone regulation, sleep, and pain. But that’s just the beginning. A growing amount of medical research suggests that CBD could reduce, mitigate, or prevent some of society’s most devastating medical issues, including cardiovascular disease, Alzheimer’s disease, ALS, general anxiety disorders, schizophrenia, epilepsy,depression, and cancer.

The more we learn about how CBD affects these medical issues, the more we can expect to see CBD’s popularity skyrocket, increasing supply, lowering costs, and encouraging positive legislation and policies.

Now let’s take a look at places to buy CBD in Delaware.

CBD Oil Shops in Wilmington

Established in 2014, Vapeescape (5321 Concord Pike, Wilmington, DE 19803) carries over 1,000 juice flavors (with over a million potential flavor combinations!) and a self-serving tasting bar. You’ll also find the area’s largest selection of high-quality CBD products, including CBD liquid, wax, edibles, tea, and turpines. Customer service is a point of emphasis, and prices are affordable. Open seven days a week: Monday-Saturday 10AM-9PM, Sunday 11AM-5PM.

The Vape Saloon (1616 W Newport Pike, Wilmington, DE 19804) was established in 2015. In addition to premium CBD blends, the store carries a variety of vaping products, has a highly knowledgeable staff, and offers personal customer service to ensure you get the best CBD product for your needs, whether you’re a novice or a seasoned CBD enthusiast. Open seven days a week: Monday-Friday 9AM-12AM, Saturday-Sunday 11AM-10PM.

The Vape Saloon (1616 W Newport Pike, Wilmington, DE 19804) was established in 2015. In addition to premium CBD blends, the store carries a variety of vaping products, has a highly knowledgeable staff, and offers personal customer service to ensure you get the best CBD product for your needs, whether you’re a novice or a seasoned CBD enthusiast. Open seven days a week: Monday-Friday 9AM-12AM, Saturday-Sunday 11AM-10PM.

CBD Oil Shops in Philadelphia and New Jersey

Several great CBD shops are available in and around Philadelphia for those interested in a quick day trip.

Phoenixville Smoke Shop (245 Bridge St, Phoenixville, PA 19460) offers a variety of hemp-derived CBD oil products, vaping accessories, and more. Reviewers highlight the store’s knowledgeable and friendly staff, wide selection, and up-to-date CBD products. Open seven days a week; 10AM-9PM on weekdays and Sunday, 10AM-10PM on Friday and Saturday.

Family-owned Vapormaker in Turnersville, New Jersey (5400 N Black Horse Pike, Turnersville, NJ 08012), holds a perfect 5-star rating. In particular, customers highlight Vapormaker’s top-shelf inventory, highly knowledgeable staff, affordable prices, and full line high-quality CBD oils, e-liquids, and juices. Open seven days a week for customer convenience: 10AM-9PM Monday through Saturday, 10AM-4PM Sunday.

Established in 2013, Vape 93 in Pittman, New Jersey (6 E Holly Ave, Pitman, NJ 08071), is conveniently located near Highway 624 and North Broadway. This two-story shop carries a wall-to-wall selection of hemp-derived CBD oil products, all mixable with Vape 93’s 200 available vaping flavors. (CBD oral sprays are sold, as well.) Lotions, incense resin and sticks, and other oils and wellness items are available for purchase. Open Monday through Saturday 12:30PM-8:30PM; Tuesday 5PM-9PM.

Best CBD Oil in Delaware Our editors put this guide together to help you find the best CBD shops in the Delaware area. Our favorite CBD products can be purchased online for delivery to