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CBD and Hemp Legality in Delaware: Delaware Hemp Laws – 2021 Update


2021 Update:

On March 24, 2021, the Delaware House Health and Human Development Committee approved HB 150 – a bill to legalize, tax, and regulate cannabis for adults.

The bill would legalize possession of up to one ounce of cannabis for adults 21 and older, allow for mandatory expungement of past cannabis possession convictions, and promote equity and inclusion in the legal industry from communities disproportionately impacted by cannabis prohibition.

Original Post:

In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Delaware Hemp Laws and the legality of CBD in Delaware, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

Is CBD legal in Delaware?

There are many (somewhat confusing) terms for hemp oil:

FAQ: Hemp and CBD Legality in Delaware

When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:

Is Full Spectrum CBD Legal in Delaware?

That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.

Delaware hemp laws permit the cultivation of hemp and do not prohibit the manufacturing or sale of CBD products. Delaware CBD stores carry all kinds of CBD products and residents can also order online, as long as the product has THC + THCA under 0.3% (“post-decarboxylation”).

Is It Legal to Ship PCR Hemp Oil to Delaware?

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.

Where to Buy Full Spectrum CBD Oil in Delaware?

CBD and hemp can be bought in retail stores or online in Delaware.

Do you need a special license to purchase PCR Hemp Oil in Delaware?

You don’t need a special license to purchase CBD hemp oil (all types) in Delaware, only to grow, test, or sell products.

How Does Delaware Legally Define Hemp?

“Industrial hemp” means the plant Cannabis sativa L.and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

§ 2800 § 2801 § 2802 § 2803; TITLE 3 Agriculture Regulatory Provisions CHAPTER 28. Industrial Hemp

Growing and Selling Hemp in Delaware

Delaware hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. Delaware Hemp and CBD products must comply with Delaware hemp laws like Senate Bill 266:

In addition to Delaware state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Delaware state hemp laws allow for CBD products such as:

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