Is CBD legal in Delaware?

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Understanding the Legal Status of CBD in Delaware

The legality of Cannabidiol (CBD) products, derived from the hemp plant, has been a topic of confusion and debate across the United States. In this article, we will clarify the legal status of CBD in the state of Delaware.

Federal vs. State Law

It is crucial to understand that federal and state laws can differ significantly when it comes to CBD. The 2018 Farm Bill legalized the production and sale of hemp and its extracts at the federal level, as long as the THC content does not exceed 0.3%. However, states have the right to implement their own regulations and restrictions.

Delaware State Law on CBD

In Delaware, the use and possession of CBD products are legal. This decision aligns with the federal law, as stated in the 2018 Farm Bill. The Delaware Department of Agriculture has explicitly stated that CBD can be added to foods and drinks, and can also be sold as a standalone product.

Medical Marijuana in Delaware

While CBD derived from hemp is legal, it is important to note that Delaware also has a medical marijuana program. This program allows patients with certain qualifying conditions to use marijuana for medicinal purposes. However, recreational marijuana is still illegal in the state.

Buying CBD in Delaware

When purchasing CBD in Delaware, consumers should be aware that not all CBD products are created equal. It is recommended to buy from reputable sources and to look for products that have been third-party tested. This ensures that the product meets the legal requirements and does not contain more than the permitted 0.3% THC.

Transporting CBD in and out of Delaware

As per Delaware law, it is legal to transport CBD within the state. However, if you plan on taking CBD out of Delaware, you must ensure that it is also legal in the state or country you are traveling to. Federal law allows for the transport of hemp-derived CBD across state lines, but individual state laws may vary.


In conclusion, CBD derived from hemp and containing no more than 0.3% THC is legal in Delaware. It can be added to food and drinks, sold as a standalone product, and transported within the state. However, consumers should be cautious when purchasing and transporting CBD, ensuring they are compliant with all relevant laws and regulations. Always remember to buy from reputable sources and to check the legality of CBD in your destination if you plan on traveling outside of Delaware.

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