CBD Oil In Delaware: Everything CBD, Legality, Shipping & More


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Delaware may be the second smallest state, at just under 100 miles long and 35 miles wide at the most, this state is super small. Still, CBD is making big moves in social media, just like everywhere else in the United States.

Before the pandemic, a bill intended to legalize, tax and regulate cannabis had passed the House Revenue and Finance Committee. However, the pandemic shut down the legislature, so the bill is pending legislative approval until further notice. Cannabis is decriminalized, but not legalized just yet in Delaware.

The good news is that CBD derived from industrial hemp is very much legal and readily accessible. Marijuana-derived CBD has been around in the state for some time, given that medical marijuana has been legal in the state since 2011 with the Delaware Medical Marijuana Act.

What Is CBD?

Cannabidiol (often referred to as CBD) is a cannabinoid that is found in Cannabis Sativa plants. Generally, it is extracted from the flowers of cannabis plants, which come in multiple strains. Depending on the strain, different plants carry drastically different levels of CBD.

How is Hemp Different From Marijuana?

Hemp and Marijuana are the two types of the plant Cannabis sativa that are used as CBD sources. On a federal level, marijuana is a controlled substance, while hemp is not.
The difference in the classification of the two comes from the fact that each carries a different level of THC.

THC is a psychoactive substance which, when consumed in a higher concentration, gives the user a ‘high.’ Marijuana, since it possesses higher levels of THC, is considered a drug and is on the federal list of controlled substances.

With the Farm Bill of 2018, THC content up to 0.3% (by dry weight) was deemed federally legal with no drug regulation and controls necessary.

Hemp is different in appearance to marijuana in height, foliage, and flowers per crop. A hemp plant is usually skinny as a bamboo stalk and tall, whereas marijuana has dense foliage and bushy appearance. In terms of foliage, marijuana is lush and has a lot of flowers as well. That is not the case with hemp, which has flowers but not as many as marijuana.

Does Hemp or Marijuana Have More CBD Oil?

Hemp and marijuana have different levels of resin, with marijuana being practically covered it while hemp not having nearly as much. This affects the amount of CBD in each group of strains.

On one side, a smaller crop of marijuana can yield a large quantity of CBD than the same sized crop of hemp.  Yet for almost the same amount of CBD, one would need to extract from a much larger crop of hemp to get anywhere near the same amount.

The difference in CBD levels alongside the difference in THC levels attracts different farmers for different reasons.

Judging by the progress of innovative breeding in hemp farming, it is evident that the differences in CBD levels may not last too long. There are certain strains of hemp bred to have a higher CBD yield while keeping a low, under 0.3%, THC output.

Because of the increase in efficiency of CBD output per-quantity-farmed, these strains have set hemp at the frontier of CBD production.

Why is CBD Sometimes Illegal In Different States?

There are several reasons as to why CBD products have been neither completely banned nor completely legalized.

  1. The first reason has to do with how CBD was initially patented. Since it was approved as a prescription drug, a range of uses was assigned to the cannabinoid, which limited future legal uses.
  2. One may wonder why it was not approved for a patent as an over-the-counter drug. That has to do with the presence of THC (a psychoactive substance) alongside CBD. Since THC can give its user a high, there is a potential of abuse that the FDA wanted to account for by applying federal control.
  3. The 2018 United States Farm bill shifted the focus of control from CBD to THC. The major cannabis-related change made THC levels of up to 0.3% per dry weight, effectively legal on the federal level.

This meant that industrial hemp, and its derivatives including CBD, would no longer be controlled in the same manner as marijuana and marijuana products (which includes marijuana-derived CBD). Therefore CBD became federally legal if it came from hemp but controlled drug if it came from marijuana.

  • One may wonder why hemp doesn’t have blanket legality, and marijuana a unified prescription-use status in all the states. This is because the bill granted the FDA, as well as the individual states, the right to come to their own conclusion about hemp and its derivatives.

This means that while FDA has approved uses of hemp seed protein, hemp seed oil, and various hemp products as fit for human consumption, states still have the right to continue to view hemp as no different to marijuana.

While a win for the state rights, this is a double-edged sword. States can legalize both recreational marijuana and hemp products. But on the other hand, states can ban both hemp and marijuana outside prescription-use.

And with over 50 states and the recency of the bill, it is obvious that a unified legal status for CBD (which can come from either hemp or marijuana) has not been achieved.

Is CBD Legal In Delaware?

As long as the CBD is derived from hemp, it is legal in the state of Delaware.

Is CBD Derived From Cannabis Legal in Delaware?

Cannabis is a plant that both CBD and THC originate. CBD or cannabidiol is a chemical compound in the plant. CBD can come from both hemp and marijuana, which are both cannabis.

CBD derived from hemp is legal. CBD derived from marijuana requires a medical marijuana card. In Delaware, CBD oil must contain no more than 7% THC and must contain at least 15% CBD.

Is Hemp Derived CBD Legal in Delaware?

As mentioned, hemp-derived CBD is legal in the state of Delaware.

Legality of Different CBD Products

What is a CBD flower? CBD flower is a term often given to the flower of the Cannabis Sativa plant.  Particularly, this term is used for strains containing a high amount of cannabidiol.
Is CBD flower legal in Delaware? CBD flower is a term given to the flowers of a cannabis plant that contains high amounts of CBD. These flowers are legal in Delaware with a medical marijuana card.
Can CBD flowers be purchased online? Hemp flowers can be purchased online in the state of Delaware.
What are CBD terpenes? CBD terpenes are aromatic compounds found within the cannabis plant used to derive CBD oil.
Are CBD terpenes legal in Delaware? Terpenes are aromatic compounds found in plants that are often beneficial to one’s health. Terpenes that come from using hemp are legal in Delaware. Those produced from marijuana are also legal but only for those registered to the medical marijuana program.
Can CBD terpenes be purchased online? CBD terpenes that originate from hemp are available for online purchase in the state of Delaware.
What is CBD wax? CBD wax is a concentrated form of CBD oil, in a waxy, semi-solid form.
Are CBD wax legal in Delaware? CBD wax is a highly concentrated form of CBD. CBD wax is legal in Delaware if derived from hemp. If derived from marijuana, a medical marijuana card is required.
Can CBD wax be purchased online? Yes, CBD wax derived from hemp can be purchased online
What are CBD gummies? CBD gummies are gummies infused with cannabidiol
Are CBD gummies legal in Delaware? CBD gummies made from hemp are legal in Delaware. Gummies made from marijuana are also legal, but only to those with a medical marijuana card.
Can CBD gummies be purchased online? Gummies infused with hemp-derived CBD can be purchased online in Delaware.
What are CBD creams? CBD creams and topicals are skin care products used externally such as moisturizers or conditioners.
Are CBD creams legal in Delaware? CBD creams, like any other CBD product, are legal in Delaware so long as they come from legally grown hemp. 
Can CBD creams be purchased online? CBD creams with under 0.3% THC can be bought online
What is CBD liquid? CBD liquid is a special form of CBD oil intended for vapour inhalation (vaping).
Is CBD liquid, e liquid, and vape legal in Delaware? CBD liquid is legal in Delaware if derived from industrial hemp. Otherwise, a medical marijuana card is required.
Can CBD liquid, e liquid, and vape be purchased online? Yes, as long as the CBD used in the liquids is hemp-based and has lower than 0.3% THC.
What is a CBD tincture? A CBD tincture is a concentrated solution made by soaking plant materials in alcohol or vinegar-based solutions.
Is CBD tincture legal in Delaware? A tincture is a concentrated solution made by soaking plant parts in either alcohol or vinegar-based solution. CBD tinctures derived from legally grown hemp are legal and readily accessible in Delaware.
Can CBD tincture be purchased online? CBD tinctures are readily available online in Delaware.
What is THC oil? THC, or delta-9-tetrahydrocannabinol is a cannabinoid found in marijuana that is responsible for the elated feelings of ‘high’ felt by its users.
Is THC oil legal in Delaware? The THC oil is available to those with a medical marijuana card in Delaware.
Can THC oil be purchased online? THC oil is available online, although only legal for those with a medical card.

Age Requirements For CBD in Delaware

Do You Have To Be 18 To Buy CBD Oil In Delaware?

One does not need to be 18 to buy hemp-derived CBD. For marijuana-derived CBD, one should be a part of the state’s medical marijuana program (which is not restricted by age).

How Old Do You Have To Be To Buy CBD Oil In Delaware?

There is no age restriction on purchasing CBD derived from industrial hemp in the state of Delaware.

Do You Have To Be 18 To Use CBD Oil In Delaware?

For the purchase of hemp-derived CBD oil, one does not need to be 18. For the purchase of marijuana-based CBD oil, the qualifying patient can be of any age.

Can A Minor Use CBD In Delaware? How Old Do You Have To Be?

CBD oil derived from hemp has no age restrictions on its use. Likewise, if prescribed, a minor could receive CBD oil through the medical marijuana program.

Do You Need A Prescription Or Medical Card For CBD Oil In Delaware?

In the state of Delaware, one does not need a prescription to purchase CBD derived from hemp.

Can You Get CBD Oil Without Having A Medical Card In Delaware?

CBD oil that came from hemp is easily obtainable in many stores in Delaware. They are purchasable without a medical card. If the CBD oil came from marijuana, a medical marijuana card would be required to obtain the oil.

A medical marijuana card in the state of Delaware costs $50 for the application fee. There will likely also be more fees involved with having a doctor complete the physician portion of the application.

If you are accepted into the program, your ID will be valid for only one year. Renewal of the card will cost you $50 while replacements for lost cards are available at $20.

Can You Order CBD Oil Online Legally In Delaware?

Hemp-derived CBD oil is legal and readily available online in Delaware.

State CBD Possession Limits

There is no possession limit on hemp-derived CBD. However,  qualified patients can acquire no more than three ounces of marijuana-derived CBD every two weeks, through the state’s medical marijuana program.

MMJ Cards In Delaware

Medical Marijuana Card Requirements In Delaware

The state’s medical marijuana program allows patients with debilitating diseases to participate and purchase marijuana for medical use. The list of qualifying conditions includes the following.

  • Chronic Debilitating Migraines
  • Agitation of Alzheimer’s disease
  • Post-traumatic Stress Disorder (PTSD)
  • Autism with self-injurious or aggressive behavior
  • Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig’s Disease)
  • Decompensated cirrhosis
  • Intractable epilepsy
  • Glaucoma
  • Cancer
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Positive status for Human Immunodeficiency Virus (HIV Positive)
  • Terminal illness

How To Apply To The MCP (Medical Cannabis Program)

Delaware residents can apply to the state’s medical marijuana program online through the following link. Delaware Health And Social Services
The applicants must provide a written certification from their physician, which will be verified by the program.

How Long Does It Take To Get A Medical Marijuana Id Card In Delaware?

It can take up to 45 days from the date of verification of the information in the submission for the department to accept or reject an application. This includes verification of the applicant’s identity as well as the validity of the certificate attached to the application.

How Much Does It Cost To Apply For The MCP In Delaware?

It costs $50 to apply for the state’s medical marijuana program. The fee is non-refundable and must be paid regardless of whether the application is approved or declined.  The card is valid for one year and it costs $50 to renew.

Where To Buy CBD In Delaware

Where To Buy / How To Obtain <.3 THC In Delaware

With less than 0.3% THC, hemp and hemp-derived products are readily available for purchase at health food stores, specialty stores, and smoke shops.

Where To Buy / How To Obtain >.3 THC In Delaware

THC levels over 0.3% are treated as marijuana, which is legally available only to those with a medical marijuana ID from the state’s medical marijuana program. Qualifying patients can purchase from licensed dispensaries in Delaware.

Where Is CBD Sold In Delaware?

CBD products derived from hemp are purchasable in multiple stores across Delaware. These products are sold everywhere, from health food stores to convenience stores and even coffee shops.
Medical marijuana cardholders can only obtain CBD products derived from marijuana.

Are There Any CBD Retailers In Delaware?

There are several CBD retailers in Delaware, such as your CBD store in Dover and CBD Supply MD in Rehoboth Beach.

Where Can I Find CBD Water?

CBD water is water infused with cannabidiol. In Delaware, the product is available at stores that carry CBD products. However, online the product line in Delaware appears to be limited to water-soluble drink enhancers.

Where Can I Buy Medical Grade CBD In Delaware?

Medical-grade CBD is only available through Delaware’s medical marijuana program. If you have a Delaware Medical Marijuana ID, you can purchase medical-grade CBD from licensed dispensaries in the state.

How To Read CBD Product Labels & Packaging

It is crucial to understand the legality of CBD products. With the factors listed below, you can identify whether the products are legal and of consumption quality or not.

Expiry date – Like most consumable goods, CBD products come with an expiry date. If the expiry date is missing, the product might be illegal, mishandled, or compromised.

Product batch number –  Because of the nature of discourse surrounding CBD, and the potential for recalls, having a tracking system for product batches is crucial to legal manufacturers of CBD. Make sure the product you plan to purchase has a batch number.

Lab testing certification – Legally manufactured CBD is lab-tested. However, fake products sold online may carry the ‘lab-tested’ tag as well. You should look for a QR code or link that takes you to a digital copy of the lab testing certificate. In the absence of a lab testing certificate, it is advisable to purchase from another buyer.

Batch information link – Batch information link is visible on the product package and can help you learn more before making your buying decision.

A THC quantity statement – Legally manufactured CBD will have a THC quantity statement. If the statement declares the presence of under 0.3% THC, the product is in accordance with the federal law. However, if a product is sold online without checking for prescriptions, yet claims to contain over 0.3% THC, it is likely fake. Moreover, it might even indicate that the operation is most likely a scam and is illegal.

Hemp extract quantity – This is mentioned in milligrams and helps buyers understand the amount of hemp extract in the item they are choosing to buy.

How To Identify Quality CBD Oil

Since CBD oil is still a relatively young consumer product, it is recommended to exercise caution when shopping online. That is because many fake CBD sellers try to trick people online and sell them products with not even trace amounts of CBD. Often, the fake products do not even have hemp extract. The first way to verify that the product you are buying is of consumption quality is to check whether it is FDA approved or not.

If it is FDA approved, that implies that the product has gone through the testing process and is up to the FDA’s standards.

The next thing you should focus on is product research. Actively look at reviews online. A red flag here would be fake reviews. Ethical producers do not have to rely on fake reviews to market their products. If a product has genuine negative reviews or fake positive reviews, you should look for a different product that is manufactured by a different producer. Do not just look at the manufacturer’s social media but also look at reviews on platforms they cannot control or censor.

A great way to qualify for quality when purchasing online is to see if the product pictures and labels are legible. Confirm with the customer support, or by reading the product description, the CBD oil’s origin. If the manufacturer declares the oil to be marijuana-derived but is selling online (especially without requiring a prescription), you should look for alternatives. Most online sellers of marijuana-derived CBD are illegal operations or scammers.

Shipping, Mailing, & Travelling With CBD

Can You Mail CBD Products To Delaware?

CBD products can be mailed to Delaware as long as they come from legally grown industrial hemp.

Can You Ship CBD Products From Delaware?

Multiple carriers will transport CBD products out of Delaware. Carriers such as FedEx, UPS, and Purolator all transport CBD products that meet the federal and state-level laws.

How Would You Ship CBD Oil, Cream, or Flowers?

CBD oil, cream, or other products shipped in Delaware should come from industrial hemp if not a part of the medical marijuana program. Private carriers like those mentioned above might be more comfortable to ship with than USPS only due to the paperwork required by the USPS to place a CBD shipment.

Can You Ship CBD Products Internationally? From Canada? To Canada?

CBD derived from hemp can be shipped internationally from Delaware. However, the destination location must also face evaluation, and the laws determined for the destination. Countries like Canada are likely to accept a CBD shipment due to the federally legalized marijuana laws much more so than a country like China where one might face federal prison for small marijuana possession.

Can You Travel With CBD Oil?

This depends largely on the mode of travel as well as the origin and the destination of a trip. While CBD oil derived from hemp is legal in Delaware, you must make sure that it is also legal in the place you are flying to or from.
TSA guidelines allow passengers to carry CBD oil with under 0.3% THC. However, it is prudent to check with your airline whether the CBD package is allowed on board as a packaged liquid, since the liquids-on-board policy may vary depending on the airline.

Is Marijuana Legal In Delaware?

In the state of Delaware, marijuana is legal for medical use. Therefore, if one wants to obtain marijuana legally in Delaware, one must obtain a medical marijuana card and get a doctor to sign off on a prescription.

Is Delaware Recreational?

Not in Delaware. You have to be a qualified patient of the state’s medical marijuana program and must possess a valid medical marijuana ID to purchase marijuana.

Do You Have To Be 18 To Buy Marijuana In Delaware?

You need to be a part of the state’s medical marijuana program to buy marijuana in Delaware. The program does not have any age restrictions.

How Old Do You Have To Be To Buy Medical Marijuana?

As long as you are a part of the state’s medical marijuana program, you can buy medical marijuana regardless of your age.

How Old Do You Have To Be To Use Marijuana In Delaware?

You must be a qualifying patient of the Delaware Medical Marijuana program, with a valid Medical Marijuana ID, to legally use marijuana in Delaware. There are no age restrictions on how old you must be to qualify for the program.

Can You Buy Edibles Online Legally In Delaware?

Cannabis edibles are available in Delaware, but only those made from hemp are legal without a prescription.

Is Hemp Legal In Delaware?

Hemp is legal in Delaware to those licensed via the Hemp Research Pilot Program.

What Are Delaware’s Hemp Laws?

Delaware currently has a set of regulations for hemp growers called the Hemp Research Pilot Program. This program regulates the process of applying for licensing to grow hemp.

Can You Buy Hemp Wraps At 18 In Delaware?

Smoke shops in Delaware carry hemp wraps. However, because of Delaware’s ban on selling tobacco products to those under the age of 21, minors are usually refused service at most smoke shops in the state.

Producing, Growing, Selling Hemp & CBD Oil

Is It Legal To Grow Hemp In Delaware?

Growing hemp in Delaware is legal if registered with the Hemp Pilot Program through the Department of Agriculture.

How Much Is A Hemp Growing License In Delaware?

In Delaware, the application to grow hemp is $300 with the Department of Agriculture.

Can You Get Legal CBD Seeds In Delaware?

Licensed growers may obtain cannabis seeds only in the state of Delaware. Even those with a medical marijuana card are not permitted to grow cannabis.

Is It Legal To Grow CBD Plants? What’s The Difference?

CBD plants may refer to hemp as well as marijuana. It is illegal to grow marijuana unless the grower is licensed by the state of Delaware. Hemp, on the other hand, can be grown by those registered through the Department of Agriculture.

Do You Need A License To Sell Hemp In Delaware?

Licensed growers can sell hemp to processors. Preprocessed hemp products, however, can be sold commercially without a license as long as they contain no more than 0.3% THC.

Do You Need A License To Sell CBD Oil In Delaware?

If the CBD oil is derived from marijuana, a business has to be a state licensed dispensary to legally sell the product. On the other hand, hemp-derived CBD oil with under 0.3% THC can be sold commercially.

Can You Sell CBD Oil Online?

CBD oil derived from Hemp with under 0.3% THC can be sold online.

Disclaimer:  None of the information in this article should be construed as health or legal advice. We always recommend following the professional opinion of your physician or attorney and researching your own state’s laws for all of your purchases. Information current as of January 2021.

Sources

https://delcode.delaware.gov/title16/c049a/index.shtml

https://agriculture.delaware.gov/wp-content/uploads/sites/108/2019/03/2019-Delaware-Hemp-Research-Program-Growers-Guide.pdf

https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

https://legis.delaware.gov/BillDetail/23051https://agriculture.delaware.gov/plant-industries/hemp-program/

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