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Is CBD Legal in Delaware?

Delaware is also known as “The First State” or “The Diamond State”. It has a thriving agriculture industry. The state is not the most strict when it comes to cannabis laws as it allows the use of marijuana for medicinal purposes. To do so, you have to be a part of the state’s Medical Marijuana Program. Now, you’re probably wondering, is CBD legal in Delaware? Let’s find out.

Is CBD Legal Delaware: Background
CBD Oil Delaware: Delaware state.

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CBD Oil Delaware - Is it Legal?

Yes, hemp-derived CBD oil Delaware is completely legal. You can purchase it for both medicinal and recreational purposes without the need for a doctor’s prescription.


CBD Oil Delaware - Is it Legal to Buy Online?

Yes, you can legally purchase CBD oil Delaware online. There are many reputable CBD brands that offer the highest quality hemp-derived CBD oil that will provide you with all the benefits.


CBD Oil Delaware - Is it Legal to Buy Offline?

Yes, you can purchase CBD oil Delaware offline legally, in brick and mortar stores. Since CBD is legal in the state for quite a while now, you’ll be able to find multiple stores.


Is it Legal to Grow Hemp in Delaware?

It’s legal, however, only for certain purposes. The cultivation of hemp in Delaware is allowed only for agricultural or academic research.

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TOP 3 CBD Brands in Delaware

To find the most reliable CBD brands that offer the most potent and effective products, our experts have reviewed more than 48 CBD brands. Three of them were evaluated as complete leaders based on the quality, potency & effectiveness. Take a look at the top 3 CBD brands, pick the most attractive one & enjoy the health benefits that CBD brings!

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History of CBD in Delaware

The first thing that I would like to discuss is CBD oil Delaware history. It’s quite interesting, to say the least. 

The state legalized medical marijuana back in 2011. Patients had to be part of the state's Medical Marijuana Program, have a medical marijuana card.

Medical marijuana was legalized under the Delaware Medical Marijuana Act, according to which cannabis-derived CBD oil had to contain at least 50 milligrams of CBD per milliliter, however, it couldn’t contain more than 7% THC. In general, there had to be at least 15% of CBD, but less than 7% of THC.

CBD oil Delaware: state Capitol building.

In 2014, when House Bill 385 was signed, hemp cultivation was legalized in Delaware, however, only for research purposes. The main condition was that hemp cannot contain more than 0.3% of THC on a dry weight basis. 

After House Bill 385, Senate Bill 266 was signed in 2018. It happened right before the 2018 federal Farm Bill. Senate Bill 266 gave the authority to the Delaware Department of Agriculture to change hemp-related laws in the state so that they would align with the Federal laws.  

When it comes to CBD oil in Delaware legality, it became legal to buy, use and possess CBD products when the Farm Bill of 2014 was signed. 

Delaware - An Amber State

Figuring out CBD laws in all 50 states can be really confusing, especially since the laws are changing all the time. To make the situation regarding CBD oil Delaware and other states more clear, I would like to introduce you to the color-coding system. 

The color-coding system distinguishes states into four different categories and attributes color based on the CBD and cannabis laws to each of them. This way, things are so much easier to figure out. Let me introduce you to all the colors: 

  • Green states. These states allow cannabis and CBD products for both medicinal and recreational purposes. 
  • Amber states. You can legally buy, use and possess CBD products for both medicinal and recreational purposes in these states, but when it comes to cannabis, it’s only legal for medicinal use.
  • Amber-Red states. The laws are the most confusing in these states. In general, you can use only CBD products, however, individual states have additional conditions that you must be aware of. 
  • Red states. All cannabis and cannabis-related products are illegal. 

Note that while color-coding allows you to understand the general laws in different states, it cannot be trusted completely. The thing is that many states have additional conditions that you have to stick to. Thus, it’s recommended to check the official .gov site of your state to get the most up-to-date information.

Since Delaware is an Amber state, everything is quite clear. If you’re wondering is CBD oil legal in Delaware, you can be 100% sure that hemp-derived CBD oil is completely legal in the state. 

Thus, now that you know enough about CBD oil in Delaware, let’s move to additional information that you should be aware of. 

A Brief Note about Federal Law

When it comes to the Federal CBD law, the best way is to understand it is through the Hemp Farming Act of 2018.

After the Hemp Farming Act of 2018 was approved in the country, hemp was removed from the controlled substance list. It means that hemp became as legal as any other agricultural commodity in the US. 

However, there’s one condition that was distinguished the most - hemp cannot contain more than 0.3% THC by weight. The thing is that hemp naturally contains less than that, meaning that all hemp products became legal. Of course, you should make sure to purchase products from reliable sources. 

CBD oil Delaware: city centre.

While the federal law is clear, the question is why so many people are asking is CBD oil legal in Delaware and other states, after all, it’s legal under the Federal level. Let me stop you right there and explain. 

Even though hemp-derived products are legal under the Federal level, individual states have a right to implement their own laws. Some of them completely banned CBD from the legal substance list. 

For this reason, you should always have in mind that it’s crucial to check CBD laws in different states, not only when we’re talking about CBD oil in Delaware. 

Medicinal VS Recreational

Even though all the information regarding CBD oil Delaware is pretty clear by now, I thought that before moving straight to the question “where to buy CBD oil in Delaware?”, it would be a great idea to tell you more about medicinal and recreational utilization of CBD. 

When you want to purchase cannabis or CBD products for medicinal purposes, in most cases, you’ll need to have a medical marijuana card or doctor’s prescription that would confirm your conditions. It means that you’ll need to enroll into a state’s medical marijuana program. 

If you’re using CBD for recreational purposes and there are no restrictions in the state, you won’t need to have any documentation or a doctor’s prescription, simply follow the state’s requirements and enjoy the benefits of CBD. 

CBD oil Delaware: a bridge over a river.

When it comes to the benefits of CBD, multiple studies have shown that it can be highly beneficial for various health issues, such as anxiety, insomnia, even epilepsy-induced seizures,[1] and cancer. 

You’ll be happy to know that hemp-derived CBD oil Delaware is completely legal for both medicinal and recreational purposes! What is more, the state allows cannabis-derived CBD oil for medicinal purposes. Thus, take advantage of all the possibilities!

Where to Buy CBD Oil in Delaware?

Now that you know the advantages of CBD oil and the answer to the question “is CBD legal in Delaware?”, it’s time to move further and reveal the answer where to purchase it. 

It’s obvious that you have two options - to purchase CBD in local Delaware stores or to order them from the most reliable brands online. Needless to say, the latter option is way more recommended, however, I still want to introduce you to both alternatives. 

Buying CBD Offline

Let’s begin with physical CBD oil Delaware shops. 

First State Compassion 

First State Compassion is a cannabis store that’s located in Lewes and Wilmington. The store offers a great variety of available products, fair prices, and knowledgeable staff. If you’re looking where to buy CBD oil in Delaware, it’s one of the best options. 

The Vitamin Shoppe

The Vitamin Shoppe is a vitamin & supplement store located in Dover. The store provides you with multiple CBD products to pick from, including oils, capsules, gummies, and many more. Customers appreciate helpful staff and good prices. 

Buying CBD Online

Before jumping straight to the most recommended CBD providers, I would like to tell you why ordering products online is so much more recommended. 

First of all, it’s obvious that a retail store keeps a percentage of the product price for themselves. This means that you pay more for the same product that you can get straight from the source for lower pricing. So, if you don’t want to pay additionally, simply choose online providers.

Another reason why you should consider the most reliable online brands is that they provide you with third-party tested products. Most of them provide the results of every batch on their official website, meaning that they’re accessible to everyone. 

When it comes to retail shops, you don’t know anything about the products - where they come from, whether or not they’re tested in independent labs, etc. Hence, let me introduce to you the most recommended online providers. 


CBDistillery is one of the best-known companies in the US. It was established in 2016 and has already become one of the industry leaders. That’s for a good reason, of course. 

To ensure the potency and purity of the products, CBDistillery sends each batch to independent laboratories for testing. The company is completely transparent and provides those results on their official site. Thus, they’re available for everyone.

Since we’re here for CBD oil Delaware, you’re probably interested in prices. CBDistillery full-spectrum CBD oil prices vary from $30 up to $260. 

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Charlotte’s Web 

Charlotte’s Web was founded back in 2011, thus, it’s one of the most experienced providers in the industry. The company offers some of the more potent oils in the market. The customers usually go for Charlotte’s Web full-spectrum CBD oil. 

The company maintains a natural mindset, all of their products are sourced from US-grown hemp and tested in third-party labs. They’re not only effective but also tasty. 

Charlotte’s Web full-spectrum CBD oil prices vary from $74,99 up to $188,99.

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cbdMD is a great CBD company that was founded in 2015 and offers some of the most popular products in the market. The provider offers one of the most potent broad-spectrum CBD oils in the market. Broad-spectrum means that, differently from full-spectrum CBD oil, it contains 0% of THC. 

If you prefer to try different forms of CBD, cbdMD is not stopping you. The company also offers capsules, edibles, topicals, and so many more alternatives. Thus, everyone will easily find a perfect option for their wants and needs. 

The costs for the cbdMD oil ranges from $29,99 up to $339,99.

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Therefore, since you were wondering is CBD legal in Delaware, now you know the answer. You can legally buy, use and possess hemp-derived CBD for both medicinal and recreational purposes. 

When it comes to cannabis-derived CBD oil, it’s legal for medicinal use only. That being said, you’ll need to get a doctor’s prescription or medical marijuana card to legally purchase it. 

If you want to buy the highest quality and the most effective CBD oil, it’s always recommended to check out the most reliable CBD brands online. This way you will get so many more options to pick from and will spare your savings significantly compared to physical CBD oil Delaware stores.

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Scientific References

1. Rosenberg EC, Tsien RW, Whalley BJ: 'Cannabinoids and Epilepsy'


While every effort has been made to make sure this article is as accurate as possible, it is not intended to provide legal advice. Since legal situations might rapidly change, we advise you to discuss any legal concerns with an expert, lawyer or relevant legal advisor in your local jurisdiction, or visit your state's .gov page for the most up-to-date information.


Is CBD oil legal in Delaware?

Yes, hemp-derived CBD oil is completely legal in Delaware for both medicinal and recreational purposes. However, when it comes to cannabis-derived CBD oil, it’s allowed for medicinal use only,you have to get a doctor’s prescription for that.

Where to buy CBD oil in Delaware?

Since hemp-derived CBD oil is completely legal in Delaware, it won’t be difficult to find stores where you can purchase it within the state. However, if you want to find products that are as good or even better for the same pricing, you should consider the most reputable online providers.

Can you fail a drug test after using CBD?

It’s unlikely but possible to fail a drug test after using full-spectrum CBD oil. Even though full-spectrum CBD oil contains less than 0.3% of THC, if you take super high amounts of it, you might fail a drug test. Read the recommendation and you won’t have to be worried about that.

What’s the difference between THC and CBD?

Both THC and CBD are natural compounds that are found in the cannabis plant, they even have the same chemical structure. The main difference is how they affect your body. THC is a psychoactive compound that makes you “high”, whereas CBD is non-psychoactive and won’t give you such effects. People take CBD to deal with stress, anxiety, chronic pain, and other issues.

What are the benefits of CBD?

Multiple studies suggest that CBD can relieve stress and help to deal with anxiety as well as insomnia. Also, CBD can be helpful at relieving pain, inflammation, and even epilepsy-induced seizures.

What’s the situation regarding the federal CBD law within the US?

Under the federal law, hemp-derived CBD products that contain no more than 0.3% of THC are completely legal within the US. However, the issue is that states have a right to override this law, and make it really confusing.