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


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 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.

Marijuana and Hemp Legal Age Requirements

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 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.

Is CBD Oil Legal In Delaware?

CBD oil is not mentioned explicitly much at all in Delaware cannabis legislation. However, back in 2011, the state passed the Delaware Medical Marijuana Act. The act allowed those suffering from certain conditions granted access to cannabis, the plant in which CBD oil comes.

On July 29th of 2014, House Bill 385 sprang into being in Delaware. This bill states that industrial hemp shall be permitted for research purposes grown by the Department of Agriculture and higher education institutions. It also allowed the DoA to develop its own rules and regulations to further the objectives. The bill defined hemp as cannabis with a THC content of 0.3% or less.

Later in 2018, both the Federal Farm Bill and Senate Bill 266 came to pass. Bill 266 allowed the Department of Agriculture to adopt and change rules to adhere to federal regulations. 

In January of 2020, the USDA finally approved the State of Delaware plan for domestic hemp production. It allows the state to self-regulate its agricultural use of hemp, paving the way for legal hemp growers.

CBD Legal Age Requirements

Do you have to be 18 to buy CBD oil in Delaware?

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

Can a minor use CBD oil in Delaware?

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 a medical card?

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.

About Ordering and Shipping CBD

Can you buy or order CBD oil online legally in Delaware?

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

How about selling online in Delaware?

Selling CBD oil is legal in Delaware as long as it came from legally grown industrial hemp.

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.

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 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? 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 internationally? Like 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.

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.

Is it legal to grow CBD plants? What is the difference?

CBD is a chemical compound found in cannabis plants. Some may have higher amounts of CBD, and some may have higher amounts of THC. Those with less than 0.3% THC are deemed industrial hemp and are legal to grow with a license. Likewise, one could grow cannabis with a higher THC amount. Still, one would need licensing as a registered medical marijuana grower.

More About CBD, Hemp, and Cannabis

What about CBD derived from cannabis?

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.

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.

How much is a hemp growing license in Delaware?

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

CBD Legal Questions

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.

Are 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.

Is 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.

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.

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. 

Is CBD liquid, CBD e-liquid, or CBD vape legal in Delaware?

CBD liquid is legal in Delaware if derived from industrial hemp. Otherwise, a medical marijuana card is required.

What about THC oil?

THC or tetrahydrocannabinol is the psychoactive ingredient in cannabis responsible for making one feel ‘high’ when using marijuana. The THC oil is available to those with a medical marijuana card in Delaware.

And CBD tincture?

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.

Where can I buy CBD oil in Delaware?

Where is CBD sold?

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.

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.






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