Delaware's cannabis legislation rarely mentions the drug CBD due to a medical marijuana reform made in 2011. A qualifying patient with a medical marijuana card can purchase CBD products derived from marijuana under the state's medical marijuana program.
The Delaware Department of Agriculture licenses hemp cultivation and production in the state. Those interested in cultivating hemp must apply through the Hemp Research Pilot Program , which requires growers to establish research agreements with an approved institution
The law states that cannabis-based CBD oil must contain at least 15% CBD but not more than 7% THC, or it must be a dilution that contains no fewer than 50 milligrams of CBD per milliliter and no more than 7% THC. Hemp cultivation in Delaware was legalized in 2014.
Table of contents
1. Brief Info
- Is CBD Legal in Delaware?
- Who Can Buy CBD in Delaware?
- Who Can grow CBD products in Delaware?
- Who is protected from criminal offenses regarding CBD use?
- More in-depth information about the state regulations and laws
2. Delaware CBD lawsDelaware's cannabis legislation rarely mentions the drug CBD due to a medical marijuana reform made in 2011. A qualifying patient with a medical marijuana card can purchase CBD products derived from marijuana under the state's medical marijuana program. The law states that cannabis-based CBD oil must contain at least 15% CBD but not more than 7% THC, or it must be a dilution that contains no fewer than 50 milligrams of CBD per milliliter and no more than 7% THC. Hemp cultivation in Delaware was legalized in 2014. Bill 385, informed by the 2014 Farm Bill, strictly allows for the production of industrial hemp. Hemp is any part of the Cannabis sativa L. that does not have more than .3% THC on a dry weight basis. Congressional provisions for both House Bill 385 and Senate Bill 266 were ultimately nullified by the passage of the 2018 federal Farm Bill. Calling for the state department of agriculture to adapt and change hemp-related laws, this bill would allow Delaware's law to align with federal ones. The passage of the 2018 Farm Bill in Delaware has paved the way for industrial hemp cultivation. Although not currently commercially available, Delaware growers are permitted to legally grow and produce hemp under the Pilot Program. Delaware hasn't made mention of CBD in regards to legislation, which has resulted in a relatively unrestricted and unregulated hemp-derived CBD market.
Licensing RequirementsThe Delaware Department of Agriculture licenses hemp cultivation and production in the state. Those interested in cultivating hemp must apply through the Hemp Research Pilot Program, which requires growers to establish research agreements with an approved institution. To be considered for the license, you need to provide fingerprints and a background check. Starting April 1, approved hemp seed collectors can already collect seeds from the Delaware Department of Agriculture. A representative from the Department of Agriculture must be notified 15 days before harvesting to sample the crop for THC levels. Delaware also has a program in place to grant licenses for hemp processing.
Where to Buy CBD Products Legally In DelawareCBD products derived from hemp can be found throughout Delaware in a number of retail venues, including convenience stores, coffee shops, and health food stores. CBD products derived from cannabis are only available from authorized dispensaries. CBD can also be bought online. People can buy CBD products online from different vendors and receive them to their homes. Online shopping also offers the ability to gather detailed information about each product, compare different products and types of delivery, and compare CBD products based on price. CBD brands often also have their own e-Commerce shop, which allows consumers to purchase their desired products right from the source.
Medical Cannabis in DelawareThe following qualifications must be met in order to qualify for a medical marijuana card:
- You must be 18 years of age or older
- Have a qualifying medical condition: the list can be found here.
- Have a certification from a licensed doctor
- Be a resident of Delaware
Steps to Receive a Medical Marijuana Card in Delaware
Step 1: Visit a PhysicianObtain a medical certification from a physician confirming your qualifying condition, and that treatment with cannabis is appropriate.
Step 2: Fill in the ApplicationFill in the application by attaching personal information and the certification from the doctor.
Step 3: Pay the FeesThe application fee is not refundable and will cost $50.00 for anyone who applies.
Step 4: Submit the Necessary DocumentsSubmit the proof of residency and driver’s license.
More about Medical Cannabis CardThis card is valid for one year from the date of issuance. The renewal is very easy, basically, you have to go through the same steps. You will again need to have your application signed by a doctor. If you are homebound or need help with purchasing your medication from a pharmacy, you can designate someone as a caregiver to complete the order for you. To become a caregiver, you must go through the process of obtaining state approval.
Possession limitsDelaware does not have any limits on the amount of hemp-derived CBD. Eligible patients enrolled in the state's medical marijuana program are permitted to purchase a limit of three ounces every 14 days. Currently, there are no legal restrictions for possessing CBD. Those who are found in possession of more than one ounce of cannabis will be subject to a sliding scale penalty. It is considered a civil offense punishable by a fine of no more than $100 to possess less than one ounce of marijuana without a medical marijuana card. Possession of more than 175 grams of cannabis is considered a felony and may be punishable by up to three years in jail.
Penalties in Delaware for Using Marijuana
- Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
- Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139.