CBD in Delaware: Official State Guide

As CBD and medical marijuana use continues to rise and become legal in the US, Delaware legalizes some use of both. Learn more about the laws, MMJ cards, and where to buy CBD

CBD in Delaware

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The issue of marijuana is one that continues throughout the United States to this day in 2021. 

While some states are very conservative about the issues, Delaware is one of the most progressive in terms of its marijuana policies, joining the ranks of other similar surrounding states such as New York, Maryland, Virginia, and Connecticut

CBD is a popular product derived from cannabis and is often used for medical purposes as well as recreational intentions.

While recreational marijuana is still illegal in this state, marijuana laws on CBD in Delaware allow for varied use with certain restrictions. Some of these restrictions include possession limits, THC limits, and use on public property. 

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Is CBD Legal in Delaware? (Laws & Regulations)

DE

CBD Legality

Dispensaries 

Recreational 

Medicinal

CBD - which is a cannabis-derived product containing up to but no more than .3% tetrahydrocannabinol (THC) - is legal in the state of Delaware. 

In the state of Delaware, marijuana is legal for medical purposes - also known as medical marijuana. Individuals in the state can use medical marijuana to treat a wide variety of medical conditions, while the use of recreational cannabis is still illegal. 

In the 2014 Delaware House Bill 385, the state authorized the growth and cultivation of industrial hemp. The USDA and higher education institutions, with this bill on marijuana laws, can produce hemp for research purposes only. 

The 2018 Senate Bill 266 also legalized the cultivation of hemp for both agricultural and academic research in the state, along with various regulations through the Delaware Department of Agriculture and the United States Department of Agriculture

With the year 2020 came the USDA’s approval for the state to establish a Domestic Hemp Production Program, allowing the DDA to have primary regulatory responsibilities. 

Although many states such as Delaware have jumped on board with a comprehensive medical program for marijuana, along with the legalization of CBD, the Food and Drug Administration (FDA) has been unclear on any regulations concerning the product. 

Thus, regulations, laws, and enforcement have been left up to the states, for the most part.

Delaware CBD Possession Limits

There are currently zero possession limits for hemp-derived CBD in Delaware. However, the state’s medical marijuana program allows eligible patients a limit of three ounces every two weeks. 

Likewise, there is no specific legislation concerning legal penalties for possession of cannabis-derived CBD. The consequences for possession operate on a sliding scale and pose threats of fines rather than criminal charges. 

Possession of more than 175 grams of cannabis is still considered a felony and can result in jail time up to three years.

How to Get a Medical Marijuana Card in Delaware 

Although medical marijuana was made legal way back in 2011, it wasn’t until 2015 that the first dispensary actually opened for business.

As of 2020, Delaware residents can still qualify for a medical marijuana card to allow them to purchase medical marijuana products. Anyone who possesses a certified MMJ identification card may purchase and use marijuana. 

The following step-by-step process details how to get a medical marijuana card in the state of Delaware: 

  1. Download the official application packet, then contact your physician. This may require finding a cannabis-specific doctor within the state, as not all physicians will consent to fill out this form. 
  2. After your doctor has filled out their portion of the form, complete the remainder of the application packet within 90 days of the physician’s signature. 
  3. Submit the application to the Delaware Division of Public Health along with the application fee. 

Cards are valid for up to 12 months and typically require a $50 patient registry fee. Patients 18 years or older with a qualifying medical condition may possess up to six ounces of cannabis.

The following are qualifying medical conditions for medical marijuana: 

  • Terminal Illness
  • HIV
  • Alzheimer’s
  • Severe Pain conditions
  • ALS
  • Multiple Sclerosis
  • PTSD
  • Glaucoma
  • Cancers
  • AIDS
  • Autism coupled with aggressive/self-injurious behavior
  • Wasting Syndrome
  • Chronic Debilitating Migraines
  • Intractable Nausea/Seizures

Likewise, patients under the age of 18 with a doctor’s recommendation may also use CBD at low THC levels. You can find more information at dhss.delaware.gov

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Finding Marijuana Dispensaries in Delaware

A quick internet search can help you locate marijuana dispensaries in Delaware. There are many online directories available, along with lists of CBD suppliers, doctors, recommended services, and clinics. 

Dispensaries are businesses that have applied for special licenses from the Division of Public Health and the Medical Marijuana Program. Any business that does not possess these licenses is operating unlawfully, in which case, you should not purchase from them. 

You can also purchase medical marijuana in Delaware from compassion centers, which cultivate, manufacture, and dispense medical marijuana to MMJ identification cardholders. These centers are fully licensed and operate under non-profit business plans. 

You can also use this map to locate dispensaries in the state of Delaware, along with any other state in the United States.

FAQ's

Because marijuana and CBD laws differ from state to state along with federal regulations, it can be confusing to learn about the laws and regulations concerning the product.

Below are some frequently asked questions that may clear up any confusion you may have about CBD. 

How old do you have to be to buy CBD in Delaware?

You must be 18 years or older to possess an MMJ identification card for medical marijuana. However, patients under the age of 18 may possess marijuana-based oils. Minors recommended cannabis oil or CBD in Delaware may only use products containing less than 7% THC. 

How do I sell my CBD in Delaware?

Thanks to the 2018 Farm Bill, hemp production is legal across the United States. So long as your CBD products contain less than .3% THC, it is legal to sell them at the federal level. This is important to note, as state legislation can interfere with this. 

Of course, selling industrial hemp-derived CBD in Delaware at this level of THC is legal in the state. Still, there are a few steps you have to complete in order to sell your CBD legally. 

First, you need to get a few different licenses. You’ll need a small business license to make your selling platform legitimate - however you plan to sell. You also need a resale license, which will allow you to work with wholesalers.

After you have obtained your licenses, you have to find a supplier. Your supplier should be of good standing, creating high-quality products with regular testing and audits. This supplier also needs to be certified to sell by either the state or federal government. 

It’s possible to use your own hemp farms as well, which many CBD retailers do. 

Once you have all of the technical details worked out, you can choose your platform and start marketing your products. You can either sell via your own website or storefront. Many retailers are online these days because they don’t have to manage physical property. 

Fulfilling and shipping customer orders involves warehousing, inventory, and fulfillment center. You can do more research or take business courses to learn more about that portion of the business.

How much cannabis can I grow at home?

Although medically registered people are entitled to possess up to six ounces of medical cannabis legally, it is only legal to grow the plant at a licensed dispensary. Unregistered individuals caught with illegal possession face fines and civil penalties. 

That being said, it is absolutely illegal to grow cannabis seeds in your home in Delaware. Organizations can only farm the plant under authorized permissions for medical or research purposes.

Where can I use my marijuana?

Anyone with an MMJ identification card can possess, carry, and use medical marijuana. However, there are still restrictions concerning where an individual can use the product. 

In general, medical marijuana is prohibited in most public places, which can include parking lots, alleys, parks, playgrounds, stores, and restaurants. Other locations where medical marijuana is prohibited include:

  • School buses or public transportation
  • On school property, except as medically necessary
  • Places of employment
  • Youth recreation centers

Anyone who violates these regulations may be subject to a $100 fine. In extreme cases, some cardholders may be asked to relinquish their medical marijuana on the spot. 

Essentially, the best place to use your medical marijuana is within your own home or private property. You may also use it on the private property of others, with their permission.

How can I obtain a grow license in Delaware?

Getting a license to grow in any state can be complicated, as many states limit the number of licenses that they will award. But, it is possible to get a dispensary permit in the state of Delaware. 

The best way to begin this process is to read all of the Delaware Marijuana Business License laws. 

From there, you must look into becoming a compassion center, which is an operation that grows, cultivates, possesses, transports, and dispenses medical marijuana to qualifying patients. 

Currently, Delaware is not accepting applications for new compassion centers. The department releases announcements for new application periods.

In order to be classified as a compassion center, your business must adhere to the following:

  • Operated on a not-for-profit basis
  • Not located within 1,000 feet of a preexisting public or private school
  • Must apply during an open application period
  • Must pay the non-refundable application fee of $5,000 at the time of application
  • Successful applicants must pay the initial and bi-annual license fee of $40,000

Should your request for a compassion center license be approved, you will be issued a license by Delaware’s Office of Medical Marijuana under the Division of Public Health.

Next Steps

The marijuana industry is making great strides across the United States, though many feel that it still has a long way to go. The progressive state of Delaware has long had a comprehensive medical marijuana program that makes the hemp product readily available to patients.

By following the quick and easy application process and consulting with a physician, qualifying applicants can receive their MMJ identification card. This allows them to legally purchase, possess, and use medical marijuana in designated locations. 

It’s important to remember that while medical marijuana is legal in Delaware, the state has still not legalized recreational marijuana. The possession of the product has been decriminalized, but guilty parties could still face major fines and potential jail time for significant offenses.

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Last Updated on January 13, 2021 by admin


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About the author 

Justin Powell

Justin Powell founded Hemp For Future to give direct answers to many of the questions surrounding THC, CBD, and everything in between. He’s been at the forefront of CBD advocacy for years, and as the go-to guru for many people, he decided to pour all his knowledge into Hemp For Future. He’s here to tell you about the best CBD gummies, how to stay under the legal THC allowance, and the core differences between commercial and in-home marijuana growth.

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