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Is CBD Legal in Delaware?

by in US Law September 25, 2019

Delaware and CBD Oil

The signing of the 2018 Farm Bill cleared up any confusion about the legal status of CBD: It was removed as a Schedule 1 drug, clearing the way for it to be legal at the federal level. However, that doesn’t mean its legal everywhere, as every state is entitled to its own laws when it comes to regulating certain substances.

One such state is Delaware, but there’s good news for those interested in selling or purchasing Cannabidiol in The First State.

Is CBD Allowed in Delaware?

Yes, CBD is legal in Delaware. It has been treated as legal since the passage of the 2018 Farm Bill.

Interestingly, Delaware’s CBD laws date back to 2014, when House Bill 385 was signed into law. That bill allowed for higher education institutions to grow hemp for research purposes.

That legislation was expanded upon when Senate Bill 266 was signed into law in 2018. That law allowed for the Delaware Department of Agriculture to allow for hemp to be grown for more than just research purposes as long as that growth and cultivation matches with applicable federal law.

Future CBD Regulations in Delaware

However, the Department of Agriculture has said that it will not issue any regulations until the United States Department of Agriculture issues their regulations, something which is expected to occur in August 2019.

As such, Delaware is expected to follow USDA regulations once they become available. This should help to provide additional guidance to farmers and sellers about the continued manufacturing and sale of CBD.

Like most states, Delaware defines commercially available CBD as having no more than .3% THC, or Tetrahydrocannabinol, which is the agent in marijuana commonly associated with “getting high.”

Fortunately for residents of Delaware, they may purchase commercially available CBD at any retail store where it is sold. There are no age restrictions on the purchase of the product, no daily limits and no cards or licenses required in order to purchase non-medical grade CBD. Furthermore, since CBD is legal at the federal level, there are no prohibitions on purchasing CBD at any website, thus allowing for the substance to be imported across state lines.

Medical CBD

Delaware is one of 33 states that have legalized medical marijuana. As part of that program, patients with a prescription may obtain for CBD oils with more than 15% CBD. However, that is limited to certain conditions only. Those include HIV/AIDS, a terminal illness (such as cancer), severe nausea, ALS, Autism and Crohn’s Disease. There are also expanded diseases covered for minors.

In 2018, there were 33,300 medical marijuana patients in Delaware.

Author: Leafwindow Team

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