History of CBD and Cannabis In – Delaware

by in CBD Information November 13, 2019

Cannabis – and to a lesser extent, it’s cousin, CBD – have always been controversial compounds. Classified as drugs which were illegal for any use for most of the 20th century, it is only in the past ten years that their legal status in the United States has begun to liberalize.

Of course, America is comprised of 50 states, and all 50 states have 50 different sets of laws when it comes to cannabis regulation and availability. The state of Delaware has had an interesting history when it comes to cannabis and CBD. As a relatively progressive state, it’s marijuana laws always tracked roughly with it’s ideology. However, despite their liberal ideology, Delaware has yet to make the leap into full legalization.

Marijuana Availability in Delaware

In 2011, Delaware began its journey towards increased marijuana availability. That year, the Delaware Legislature passed a Medical Marijuana program, making Delaware the 16th state in America to move in this direction.

The program Delaware passed made a series of requirements which have come standard with states that pass medical marijuana programs. It laid out which illnesses qualified for medical marijuana (cancer, Alzheimer’s, intractable nausea and more), set fees to obtain a medical marijuana card ($125) and created regulations by which individuals could obtain medical marijuana.

A bill which would expand the conditions under which individuals could qualify for medical marijuana was sent to Governor Carney in 2019.


Next on Delaware’s list of liberalized marijuana policies was decriminalization. That became law in 2015. Under Delaware’s version of decriminalization, marijuana possession (by individuals 21 or older) of less than an ounce would no longer result in a criminal charge, but instead a civil penalty, which would be punishable by a fine of $100. However, a criminal charge could still result of the marijuana use was done in a public or semi-public place.

A bill which would expand decriminalization to those under 21 was passed in 2019.


Despite its relatively liberal political environment, Delaware has not, as of yet, legalized marijuana. Related legislation has been created, introduced and passed out of a House Committee, but did not obtain the 25 votes necessary to become law. This bill would legalize the personal use of marijuana, create regulations for it and set up a tax system.

Delaware and CBD

Before it’s legalization with the passage of the 2018 Farm Bill, CBD was placed on the Schedule 1 list of banned drugs, making it illegal to purchase or consume for any commercial reason.

However, at the time, medical marijuana programs were already available in Delaware, and the 2011 law specifically allows for CBD consumption, as did a 2015 law which allowed for CBD to be used to treat seizures. At the time, Delaware said that CBD use would continue to be protected under their law.

Author: Leafwindow Team

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