What’s the legal status of CBD hemp flower in Delaware?
The First State launched its Hemp Research Pilot Program in March 2019 and opened the door towards commercial hemp cultivation. Let’s take a look at current Delaware hemp laws.
Last Update: August 10, 2023
Article Summary
- CBD hemp flower is likely legal in Delaware but remains unregulated. Under state law, hemp is a legal crop, which means you can buy smokable hemp without restrictions.
- Hemp-derived CBD products with less than 0.3% THC are legal in Delaware.
- Individuals interested in growing hemp in this state must obtain a permit from the state’s Department of Agriculture.
- Recreational cannabis and medical marijuana are both legal in Delaware, but adult-use cannabis sales are yet to begin.
Is Hemp Flower Legal in Delaware?
CBD hemp flower with less than 0.3% THC appears to be legal in Delaware.
We say it “appears” because the state hasn’t explicitly banned or regulated this product. Under state law, hemp is a legal crop and can be lawfully processed into marketable products.
There are no restrictions on smokable hemp products in Delaware. Therefore, you can lawfully buy hemp flower in local dispensaries or online.
Hemp is considered an agricultural commodity in Delaware, legalized by SB 266. This bill expanded the regulations in HB 385, which established the state’s hemp research program.
Under state law, hemp is defined as:
“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined delta-9 THC concentration of not more than 0.3 percent on a dry weight basis [1].”
According to this definition, hemp flower, as well as CBD, are legal in Delaware.
In Delaware, hemp is considered a commodity and can be produced for commercial purposes.
Where Can You Buy Hemp Flower in Delaware?
Delaware state laws regarding hemp are still murky. So, many people decide to buy their CBD flower online. If you are from Delaware, here is what you need to know before buying:
Choose a Reliable Supplier
It is normal to be confused when choosing your hemp flower, given the fact that so many online vendors offer similar products. Before buying, make sure to check these three main things, which a reliable supplier will offer:
Organically-grown CBD flower
The hemp industry is at its early start, which means a lot of things remain poorly regulated. So, when choosing your hemp flower supplier, make sure to check if it is organically grown.
With Mr. Hemp Flower, you are getting non-GMO and pesticide-free hemp flower. We understand how important it is to get a pure product that can help various ailments 100% naturally.
Experienced growers
You’d be surprised how many people are going into the industry in hopes to make money. These people wouldn’t care about the quality of your hemp flower as much as someone that had poured years into growing hemp—even before it became so popular.
Hemp is a special plant, and if you want a quality product with high levels of CBD, it is important to get it from someone who knows how to produce such plants. Most importantly, where to source quality seeds. Our growers have more than five years of experience in growing hemp with high levels of CBD and 0.3% THC.
Independent lab results
All of our products have been tested by an independent lab. With us, you are getting pure hemp flower with less than 0.3% THC. The lab analysis and a notice to law enforcement are included in the package sent to your door.
Delaware Hemp Flower for Sale
Quick delivery within 3-5 days.
Here are the best selling, organically-grown, high CBD flower buds by Mr. Hemp Flower:
Is CBD Legal in Delaware?
Yes, hemp-derived CBD products are legal in Delaware if their THC concentration doesn’t exceed 0.3%.
You can lawfully purchase full spectrum CBD tinctures and full spectrum CBD gummies in this state. These products must be derived from hemp and contain no more than 0.3% THC to be considered legal.
The state set no restrictions on which products you can buy, but it also hasn’t properly regulated them.
For now, CBD derived from marijuana is legal in this state only with an MMJ card and a doctor’s recommendation. The state legalized adults use cannabis, so CBD products from marijuana will soon be legal to purchase in this state.
Regarding CBD from hemp, the Secretary of Agriculture, Michael T. Scuse stated that CBD oil is one of the two products (together with fiber) “in high demand that could further diversify Delaware farming operations [2].”
He said that the program allows the research institutions to determine which of the hemp varieties researched will perform well for producing these two products.
So, can you buy CBD oil in Delaware?
Yes, you can buy full spectrum CBD oil in a dispensary or order online in this state.
But, keep in mind that these products are in the gray zone and remain unregulated. This means that you can’t be sure if a product is mislabeled or you are getting the real deal.
Can You Legally Grow Hemp in Delaware?
Yes, you can grow and process hemp in Delaware.
The state won approval for its Domestic Hemp Production Program from the USDA in 2020. This jumpstarted the process of regulating the commercial cultivation of hemp in the state.
Before the USDA approved the state’s hemp plan, the only way to grow hemp in Delaware was under a research program.
Despite allowing hemp for commercial production, the Delaware Department of Agriculture “cannot advise that a viable market will exist for any producer or processor of hemp to sell their crop [1].”
That’s because the Department doesn’t have the oversight of the sale and distribution of hemp CBD products. The state has yet to regulate the sale of hemp CBD products, but allowing people to process hemp, meaning “convert raw hemp material in any way other than testing,” is a step forward.
Cannabis is Legal in Delaware
Medical marijuana is legal in Delaware since 2011, when Governor Markell signed the Delaware Medical Marijuana Act into law [3].
Patients 18 years or older that have been diagnosed with an approved health condition and a written certification from a physician can obtain medical cannabis.
Qualified patients must hold an MMJ card as well. The state opened its first medical marijuana dispensary in June 2015.
Delaware is the 22nd state to legalize cannabis for recreational purposes. The state is in the process of implementing the Marijuana Control Act, which will allow adults 21 and older to purchase cannabis for recreational purposes but doesn’t allow growing cannabis at home.
FAQs on Hemp Flower Delaware State Laws
How much hemp flower can you purchase at once (or one time) in Delaware?
There is no limit on the amount of hemp flower you are allowed to purchase in Delaware.
Do you need a special license to purchase hemp flower in Delaware?
As a consumer, you don’t need a special license to purchase hemp flower in Delaware.
Is it legal to sell hemp flower in Delaware?
Yes, it’s legal to sell hemp flower in Delaware. The state hasn’t banned the sale and possession of smokable hemp.
Is CBD from hemp legal in Delaware?
Yes, CBD is legal in Delaware if derived from hemp and contains less than 0.3% THC.
Where can you buy hemp flower in Delaware?
The best place to buy hemp flower if you live in Delaware is online. Mr. Hemp flower offers a premium line of CBD flower and smokable hemp that suit everyone’s preferences.
Is CBD oil legal in Delaware?
Yes, CBD oil derived from hemp that contains less than 0.3% THC is legal in Delaware. CBD oil from marijuana is legal in Delaware for patients with a diagnosed debilitating condition that hold an MMJ card.