Everything You Need to Know About Hemp Flower Delaware State Laws

Hemp Flower Delaware State Laws

What is 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.

Farmers and hemp consumers are excited for the arrival of the new crop, but the state has yet to set rules and regulations. Let’s take a look at current Delaware hemp state laws

Is Hemp Flower Legal in Delaware? 

Hemp is considered an agricultural commodity in Delaware. Under the 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. 

However, Delaware is one of the states where although hemp is legally considered a commodity, the state only allows cultivation of hemp for agricultural or academic research. 

Update March 10, 2020

Delaware is one of the states that won approval by the USDA for its hemp plant

Delaware is in the process of allowing and regulating commercial cultivation of hemp for 2020. Before the USDA approved the state’s hemp plan, the only way to grow hemp in Delaware was under a research program. 

The state recently started accepting commercial hemp producer, processor, and handler license and will keep the applications open until May 7. 

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 does not have the oversight of the selling of hemp products and 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.

So, where that puts the selling of hemp flower?

Regarding selling hemp and hemp-derived products, the Delaware Department of Agriculture assured that growers who participate in the research program can sell their crop if research requirements are met.  But it also stated that the Department

“cannot advise that a viable market will exist for any grower or processor of hemp to sell their crop.” [1]

Clearly, the law is very confusing and conflicting regarding selling hemp. The state still hasn’t established rules and regulations for the manufacturing and selling of hemp and hemp-derived products. Hemp flower and hemp CBD products are not necessarily banned in this state, but they remain unregulated. For this reason, many people decide to order their hemp flower online. 

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 MrHempFlower, 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 hempeven 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 

Free shipping on orders over $100. Quick delivery within 3-5 days. 

Here are the best selling, organically-grown, high CBD flower buds by MrHempFlower:

High CBD

About The Product

Looking for something to help you relax without getting you high? The Sour Space Candy CBD flower offers CBD-dominant, golf ball-sized flowers rich in more than 16% CBDa. This strain has a great terpene profile and a flavor similar to Sour Diesel/OG lines. 

About The Product:

Did you know that the Special Sauce strain is one of the best for full-spectrum oil extraction? This is because of its mid-sized, CBD-dominant flowers that are coated in glistening resin. We all know the resin is the where the good stuff isso more CBD and terpenes for you. Another top-seller, the CBDa levels of Special Sauce go up to 16%, making this strain great for pain relief and inflammation

Is CBD Legal in Delaware?

Hemp-derived CBD is legal in all 50 states but remains unregulated in Delaware. CBD derived from marijuana is legal in this state only with an MMJ card and a doctor’s recommendation. 

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.” 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. [2]

cbd hemp flower legal in delaware

So, can you buy CBD oil in Delaware?

Yes, you can buy hemp CBD oil in a store and other retailers 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 mislabelled or you are getting the real deal. 

Can You Legally Grow Hemp in Delaware?

Some states decided to allow commercial hemp cultivation under the 2014 Farm Bill, but, for now, Delaware is not one of them. 

Although the state legalized hemp, the Department of Agriculture stated that commercial cultivation of hemp is not allowed in the state for the 2019 planting season. The reason for the wait is the expected regulatory guidance from USDA regarding the 2018 Farm Bill and state hemp production. [2]

Growers must be approved by the Delaware Department of Agriculture and affiliated with the Delaware State University to grow hemp for research purposes. Farmers who can establish a research agreement with Delaware State University can grow up to 10 acres per approved operation. 

The state established its Hemp Research Pilot Program to explore an alternative to traditional crops and set the tone for the future commercial hemp farming in Delaware. The Pilot Program is supposed to act as a test period for growers and permitted institutions of higher education to gain knowledge of hemp cultivation, harvesting, processing, marketing or transportation of hemp for industrial, agricultural, or commercial purposes. [2] 

Medical Marijuana 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. 

FAQs on Hemp Flower Delaware State Laws

There is no limit on the amount of hemp flower you are allowed to purchase in Delaware. 

As a consumer, you don’t need a special license to purchase hemp flower. The state is still waiting for the USDA to issue its regulatory guidance regarding hemp production. In other states, if you plan on buying hemp flower to create other hemp-derived products, you need a special license. 

The law remains murky regarding selling hemp and hemp-derived products in Delaware. The state legalized hemp for commercial purposes, but for the 2019 growing season only allows growing hemp for research purposes. The Department of Agriculture stated that it couldn’t advise that a viable market will exist for hemp growers or processors to sell their crop.

CBD from hemp is legal in all 50 states. Delaware has to put out laws and regulations regarding the use of CBD in this state. 

The selling of hemp and hemp-derived products remains unregulated in Delaware. The state is making efforts to change the situation, but many people choose to buy their CBD flower online

CBD oil from marijuana is legal in Delaware for patients with a diagnosed debilitating condition that hold an MMJ card. Hemp CBD oil is legal under the 2018 Farm Bill but remains unregulated in Delaware. 

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