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.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR 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:
- Products must come from a registered farm
- Products must be tested by a DEA-registered laboratory
- The THC must be reported as “total THC” and contain less than 0.3% THC
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:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
