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is cbd oil legal in delaware

Where to Buy CBD Oil in Delaware in 2020

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If you are trying to find the best deals on legal CBD oil in Delaware, this is the article for you.

Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online and in-store.

It’s usually easiest to shop for your products online rather than driving around town from store to store. You can find many of the same products online that you would find locally but the deals are often much better.

Shopping online also allows you to research the products quickly, which is important. The laws in Delaware regarding CBD oil can change significantly depending on how the CBD oil was made.

Table of Contents
  • Buy CBD Oil in Delaware:
  • Is CBD Legal in Delaware?
    • Medical Marijuana Law in Delaware
      • Eligible medical conditions for medical marijuana in Delaware:
  • Industrial-Hemp CBD Oil in Delaware
  • How to Buy CBD Oil in Delaware
    • Online Shops
    • Local Stores in Delaware
  • What Is CBD Oil? Why Is It So Popular?
  • Recommended CBD Retailers in Delaware
    • Wilmington
    • Dover
    • Newark
    • Middletown
  • Final Notes on Buying CBD Oil in Delaware

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  • Royal CBD Oil— Best CBD Oil Overall
  • Gold Bee CBD Gummies— Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
  • Industrial Hemp Farms— Best CBD Flower
  • Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs

Is CBD Legal in Delaware?

Yes, CBD oil is legal to purchase in Delaware, but you need to be aware of the law to avoid any trouble with the authorities.

Depending on whether or not your CBD oil contains THC, the legal circumstances can change.

Let’s examine the Delaware law regarding medical marijuana to see if you may be eligible to purchase CBD oil with a higher THC content.

Medical Marijuana Law in Delaware

In 2011, Delaware became the 16th state to legalize the use of medical marijuana.

Under the Delaware Medical Marijuana Act, residents of Delaware may apply for a medical marijuana license with the recommendation of a physician.

Additionally, you will need to pay a one-time $125 application fee and prove that you have an eligible condition.

Eligible medical conditions for medical marijuana in Delaware:
  1. Cancer
  2. HIV/AIDS
  3. Decompensated Cirrhosis
  4. Amyotrophic Lateral Sclerosis
  5. Crohn’s disease
  6. Autism
  7. Alzheimer’s disease
  8. Cachexia or Wasting Syndrome
  9. Severe/debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
  10. Severe nausea
  11. Seizures
  12. Severe and persistent muscle spasms
  13. Post-traumatic stress disorder (PTSD)
  14. Terminal illness

Strangely, this law doesn’t prevent an arrest for marijuana possession. It simply provides a legal defense if prosecuted.

If you are arrested for possession with a medical marijuana license, you may have a legal defense if you can satisfy the following conditions:

  1. You were in possession of no more than six ounces of marijuana and no plants.
  2. You possessed marijuana solely to treat or alleviate the patient’s severe or debilitating medical condition.
  3. Your physician has stated that you are likely to receive therapeutic benefit from marijuana to treat or alleviate your serious or debilitating medical condition.
  4. You didn’t possess marijuana on school grounds, on a school bus, in state-funded health care or treatment facility
  5. You weren’t smoking marijuana in a public place or in any form of transportation.

If you are under the age of 18, you may be able to apply for a medical marijuana license if you are suffering from one or more of the following conditions:

  1. Intractable epilepsy
  2. A chronic or debilitating disease or medical condition where they have failed treatment involving one or more of the following symptoms
    1. Cachexia or wasting syndrome
    2. Intractable nausea
    3. Severe, painful and persistent muscle spasms

Delaware recent passed “Rylie’s Law”, which permits caregivers to administer CBD oil to children with debilitating health conditions on school buses and school grounds.

Once you have obtained a medical marijuana license, you may be able to legally purchase CBD oil products through a local dispensary or easily find them online.

What if you don’t have a medical marijuana license?

Industrial-Hemp CBD Oil in Delaware

If you aren’t able to get a medical marijuana license, don’t worry. You can still legally purchase your favorite industrial-hemp products online and in-state.

Industrial hemp products are treated differently than those derived from flowering marijuana plants.

In 2014, the Federal government took hemp off of the Controlled Substances Act. This meant that farmers were legally allowed to grow hemp for paper, clothing, fuel, food, and research.

Luckily for those of you who are looking to buy CBD oil in Delaware, this small change means that industrial-hemp extracts are completely legal.

CBD oil derived from industrial hemp doesn’t typically contain enough THC (normally less than 0.3%) to get the user high. Using these products will get you all the benefits of CBD without the buzz.

You can find CBD oil in many different forms. It can be purchased as a tincture, cream, balm, wax, vape juice, and there are even products available for your pets.

Whether you decide to pick up your products online or in-store, there are a few things you should do to protect yourself from sketchy companies.

Read our guide below for finding quality CBD oils from a trustworthy supplier.

How to Buy CBD Oil in Delaware

As the laws and regulation around CBD evolve, it can be difficult to find quality products at a good price.

Some companies are advertising CBD oil as a miracle drug or selling items that contain significantly less CBD than they should.

You have come to the right place for finding quality CBD oil in Delaware. Follow these simple steps to protect yourself against sketchy companies.

  1. Always ensure that the CBD oils you purchase are double-checked by a third-party lab. These labs can test for unwanted chemicals or heavy metals and make sure the CBD content matches what the company is advertising.
  2. Another good sign is if the company’s industrial-hemp products manufactured using the CO2 extraction method. Producing CBD oil by CO2 extraction doesn’t require any additional solvents or heat. This means that your CBD will be pure and potent.
  3. Above everything else, make sure the company you choose doesn’t make wild claims about the potential of CBD. If a company is claiming that their product cures cancer, it’s a very good sign that they should be avoided. CBD oils have many health benefits, but they are not a miracle drug.

If you follow the advice above, you’re on the right track to finding a trustworthy source for your CBD needs. This advice applies to any product sold online or in-store.

Online Shops

Purchasing CBD oil online is by far the most convenient method in Delaware. It allows you to choose and compare many different products within a matter of minutes.

Why leave the comfort of your own home when you can get quality CBD products delivered straight to your door?

Another benefit of online stores is they often allow you to take advantage of bulk discounts or special offers that local shops wouldn’t be able to match.

Most importantly, shopping online gives you valuable information about the companies and products they offer that may be difficult to obtain in a local shop.

Driving from store to store to compare products takes time. If you are more comfortable shopping in person, there may be a local retailer with CBD oil near you.

Take a look at our list below for stores in Delaware who can help you with your CBD needs.

Local Stores in Delaware

Delaware does have a limited number of dispensaries who can help those with medical marijuana licenses.

If you don’t have a medical marijuana license, you will have to see if your local vape stores, head shops, and natural health retail outlets carry industrial-hemp products.

There are hundreds of product available in-stores. Remember to double-check the source of your CBD oil so that you know your CBD oil is legal.

Follow the advice above to make sure you are getting a quality product.

What Is CBD Oil? Why Is It So Popular?

In the United States, CBD oil is a brand new and exploding industry. In 2017, over $190 million worth of CBD oil products were sold. There is a huge market for CBD oil as a health supplement.

Many states have been changing their marijuana laws. As of November 2018, 33 states have successfully implemented medical marijuana programs, and eleven have legalized marijuana for recreational use.

People slowly realize that marijuana products don’t cause “reefer madness” and it has many different medical applications.

CBD is a chemical compound found in marijuana and hemp plants that has several health benefits. It has been shown to treat seizures, inflammation, pain, and anxiety.

It can be extracted from both flowering marijuana plants and industrial hemp plants; this is an important distinction because the law views the two products differently.

CBD oil extracted from flowering marijuana plants contains higher levels of THC (tetrahydrocannabinol); this is the chemical in marijuana that causes the user to feel high.

On the other hand, Industrial-hemp derived CBD oil contains very little THC (usually no more than 0.3%) and therefore doesn’t cause the high usually associated with marijuana.

This means that you can take advantage of all the health benefits of CBD oil without getting stoned.

Recommended CBD Retailers in Delaware

Wilmington

  1. First State Compassion Center
  2. Nature’s Way Medicine
  3. Canna Care Docs
  4. VapeEscape
  5. Your CBD Store

Dover

  1. Puffster
  2. Blue Monkey Vapes
  3. Crystal Dragon Fine Smoking Accessories
  4. Maxed Out Vape
  5. First State Vape

Newark

  1. First State Compassion Center
  2. Delaware Vapor
  3. VapeEscape
  4. All in One Smoke Shop

Middletown

  1. RISE Dispensary
  2. Unreal Vapors
  3. Wesley’s Vape Shop

All of these stores should have helpful and knowledgeable employees who can point you in the right direction.

Final Notes on Buying CBD Oil in Delaware

Although Delaware has had trouble getting marijuana legalized, you shouldn’t have too many issues getting CBD oils in the state.

If you aren’t eligible for medical marijuana, you can still legally purchase industrial-hemp derived CBD oil without any concern from the authorities. There are a limited number of retail locations in the state who stock industrial-hemp derived CBD oil, so your best bet is to shop with a reliable online supplier.

Make sure you take the time to educate yourself about CBD because there are a lot of companies out there selling nothing but snake oil. Don’t get taken advantage of, do your research and buy online.

Although Delaware historically doesn’t have the most friendly marijuana laws, there are still options for purchasing CBD oil online.

Is CBD oil legal in Delaware?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Delaware CBD laws
  4. Where to buy CBD in Delaware
  5. How to read CBD labels and packaging

CBD oil derived from hemp is legal in Delaware, with CBD products available for purchase throughout the state. In addition to hemp-derived CBD products that can be purchased over-the-counter, Delaware has also had a medical marijuana program since 2011 with the passage of the Delaware Medical Marijuana Act. Eligible patients can buy CBD oil derived from cannabis, along with cannabis products containing both CBD and THC.

Adult-use cannabis remains illegal, although in 2015,House Bill 39 decriminalized the possession and private use of up to one ounce of cannabis. In 2019, the bill was expanded to decriminalize juvenile possession of one ounce or less.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule I, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The Hemp Farming Act of 2018 re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it has been cultivated according to federal and state regulations.

The 2018 Hemp Farming Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Hemp Farming Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.

The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD products.

In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.

In March of 2020, the FDA released guidelines for manufacturers, processors, and vendors of hemp-derived CBD products.

Delaware CBD laws

Delaware cannabis legislation bears infrequent mention to CBD. Medical marijuana was legalized in the state in 2011, under theDelaware Medical Marijuana Act. Under the state’s medical marijuana program, patients with a qualifying health condition and a medical marijuana card can purchase CBD products derived from marijuana.

CBD and weed

In Delaware, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC. Photo by: Gina Coleman/Weedmaps

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CBD and weed

According to the act, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC, or must be a dilution that contains at least 50 milligrams of CBD per milliliter, and no more than 7 percent THC.

Hemp cultivation was legalized in Delaware in 2014. House Bill 385, which was informed by the 2014 Farm Bill, allowed for the production of industrial hemp strictly for research purposes. Hemp is defined as any part of the Cannabis sativa L. plant, including the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, salts of isomers, with no more than .3% THC on a dry weight basis.

The provisions of House Bill 385 were expanded in 2018 with the passage of Senate Bill 266, which was approved several months before the 2018 federal Farm Bill was signed into law. This bill endowed the Delaware Department of Agriculture with the authority to adopt and change hemp-related laws to align with federal rules and policies. The act positioned Delaware to permit the industrial cultivation of hemp when federal restrictions were repealed following the 2018 Farm Bill.

Delaware is awaiting approval for its state hemp plan from the USDA. Although no commercial production of hemp is permitted in the interim, growers can still legally produce hemp under the Delaware Hemp Research Pilot Program.

Delaware hemp legislation makes no specific reference to CBD, which has resulted in a relatively unrestricted and unregulated hemp-derived CBD market.

Licensing requirements for CBD

The Delaware Department of Agriculture is responsible for licensing hemp cultivation and production in the state. Those who are interested in cultivating hemp must apply through the Hemp Research Pilot Program, which requires the grower to establish a research agreement with an appropriate approved institution.

Those who apply must provide fingerprints and a background check. Approved and authorized applicants can collect hemp seed from the Delaware Department of Agriculture. A department representative must be notified at least 15 days before the harvest to sample the crop for THC levels.

Delaware also has a program in place to grant licenses for the processing of hemp.

Delaware CBD possession limits

There are no limits on hemp-derived CBD possession in Delaware.

There are no limits on hemp-derived CBD possession in Delaware. Photo by: Gina Coleman/Weedmaps

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Eligible patients accessing CBD through the state’s medical marijuana program are permitted to purchase a limit of three ounces every two weeks.

There is currently no specific legislation outlining the penalties for possession of cannabis-derived CBD. There is, however,a sliding scale of penalties for those found in possession of more than one ounce of cannabis. The possession of less than one ounce of cannabis without a medical marijuana card is considered a civil offense, punishable by a fine of no more than $100. Possession of more than one ounce up to 175 grams of cannabis is a misdemeanor punishable by up to three months in jail and a fine of up to $575. Possession of more than 175 grams of cannabis is considered a felony offense and may be punishable by up to three years in jail.

Where to buy CBD in Delaware

CBD products derived from hemp can be found throughout Delaware in retail outlets such as convenience stores, health food stores, coffee shops, and a growing number of CBD-specific retailers.

CBD products derived from cannabis are only available from authorized dispensaries.

Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.

Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and compare CBD products based on price. CBD brands often also have their own ecommerce shop, allowing the consumer to purchase their desired CBD products straight from the source. Find out more about where to purchase CBD.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution, and take necessary precautions such as doing some research before making a purchase to ensure the CBD comes from a reliable source. Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Is CBD oil legal in Delaware? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Delaware CBD laws Where to