cbd oil delaware

CBD Oil in Delaware: Everything You Need to Know

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.


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A Guide to CBD in Delaware

  • 2020 is the first year that hemp growers are able to grow commercial crops.
  • In all previous years, hemp production was under the supervision of the University of Delaware.
  • Hemp-derived CBD is legal to sell and purchase in any retail establishment.
  • The CBD must contain 0.3 percent THC or less.
  • No license is required to sell CBD, and no prescription is required to purchase it.

Is CBD Oil Legal in Delaware?

CBD has been a booming market for the last couple of years, and consumers in almost every state across the nation are happily taking advantage of recently expanded accessibility. Despite the 2018 federal legalization of industrial hemp containing 0.3 percent THC or less, however, the legality of CBD is still quite ambiguous.

Some people are wary of trying these new products that everyone seems to be raving about, because it is unclear whether CBD is legal or not. The federal government may have legalized hemp, but the Food and Drug Administration (FDA) has been slow to adopt any clear regulations about CBD.

The FDA has left it up to the states to decide how to regulate and enforce laws surrounding the newly popular substance so long as it contains 0.3 percent THC or less. While the United States Department of Agriculture oversees every state’s hemp program, there is little centralized oversight for the production and sale of CBD.

Fortunately, we here at Penguin have done the research and hope to clear up any confusion. In this article, we’ll take a look at the regulations regarding hemp and CBD in the First State. We’ll examine some of the products available and provide tips on making sure you’re getting the best CBD available.

Are There CBD Laws in Delaware?

Fortunately for CBD enthusiasts, CBD is mostly an open market in Delaware. Marijuana-derived CBD was first made available to patients under the Medical Marijuana Act, but hemp-derived CBD came later, with the passage of the 2018 federal Farm Bill.

Now, visitors and residents of the state of Delaware can purchase hemp-derived CBD from almost anywhere. There are tighter regulations on CBD sold in dispensaries, but there is no oversight whatsoever for businesses selling hemp-derived CBD.

As long as CBD contains 0.3 percent THC or less, any adult 18 or older is free to purchase CBD from any retailer they choose, without a prescription.

CBD in Delaware: Understanding Different Types of CBD Products


CBD oil is the original form of CBD, and was the only product on the market until fairly recently. Since pure CBD is extremely bitter, it is typically suspended in an oil, and the best brands use a special MCT oil to ensure faster and more thorough absorption.

When you want a top-notch CBD oil, Penguin CBD is a great choice because we only use organic hemp to make our oils. Our lab-verified CBD is some of the purest on the market, and our CBD oils come in four delicious flavors and three strengths to fit your needs on any day. Our mild natural flavor is perfect if you like to add CBD to your food and beverages.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

CBD Capsules

Some people just do not like the flavor of CBD oil. And sometimes it is easier to be able to swallow a gelcap and head out the door. When choosing between CBD oil and CBD capsules, there is not much of a difference besides preference and length of time for effects to kick in.

For a no-fuss CBD option, Penguin’s CBD capsules are the way to go. They are 10mg of CBD oil suspended in MCT oil, enveloped in an easy-to-swallow gelcap. You can take them with you anywhere, you don’t have to worry about spills and the amount is premeasured so you can precisely calibrate your dosage.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

CBD Gummies

A spoonful of sugar helps just about anything go down, and a sweet-and-sour gummy is a perfect way to get your CBD in for the day. Bright, cheerful and never bitter, Penguin CBD’s gummies are an uplifting afternoon snack or a tasty end to your day.

With 10mg of CBD per gummy, these delicious gummies can be eaten one at a time or by the handful. Our customers love the way they taste, and their texture is just right. Popping open the jar will put a smile on your face every time.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

CBD Cream

Whether it’s the winter wind or the summer sun, the elements can really take its toll on your skin all year round. CBD cream is the perfect moisturizer that will leave you feeling smooth and fresh all day long.

When you want a CBD cream that works for any spot, smells delightful and won’t leave you feeling greasy, Penguin CBD cream is your go-to brand. Our lavender-and-peppermint-scented cream is refreshing, cooling and soothing, and is a perfect part of your daily skincare routine.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Industrial Hemp in Delaware

2020 is the first year that farmers in Delaware will be allowed to cultivate industrial hemp for commercial purposes. The state’s original hemp research pilot program was started under the 2014 Farm Bill, and legislators have been working closely with the USDA to gain approval to move into regulation under the 2018 Farm Bill.

This is an exciting new frontier for the state’s hemp farmers, but many are apprehensive about how the growing season will go. In 2019, 26 growers were registered for the program under the old regulations, though only 18 produced a crop. Growers were permitted to sell their crops for commercial purposes as long as the research requirements under agreement with Delaware State University were met.

Most growers are frustrated over the lack of assistance with the labor-intensive crops, as they are not permitted to use pesticides, fungicides or herbicides, but there is little information about the best ways to produce a viable crop without the assistance of these chemicals. Hemp is expensive and difficult to maintain, and the weather can alter the THC levels to make the crop unusable.

When it comes to growing hemp for CBD, it is imperative to follow strict agricultural regulations. This is why we only use organically grown hemp at Penguin CBD. When you buy CBD from Penguin, you know you are getting the best because we only put the very best into our products.

Can I Purchase CBD Online in Delaware?

Purchasing CBD

The state of Delaware offers plenty of options when you want to get your CBD fix, but not every option is created equal. You can buy CBD at medical marijuana dispensaries, but those products are marijuana-derived and require a prescription.

There are stores that specialize in hemp-derived CBD, and these are the best places to shop when you are buying your CBD in a brick-and-mortar store. You can also get CBD at gas stations, grocery stores and vitamin shops.

When you want to make sure you are getting the highest-quality products, it is often best to buy your CBD online because it takes the pressure off.

You can take time to research your products, find third-party lab results from the companies you are considering, get answers to your questions and then have products delivered right to your home. You don’t have to worry about getting scammed or making a quick decision, and you can shop from the comfort of your couch.

CBD Oil in Delaware

Since there is absolutely no regulation over retailers of CBD in the state of Delaware, consumers need to be careful about their purchases. This is especially true outside of a specialty shop, but it applies no matter where you are.

Some companies will use substandard ingredients in their CBD products, making them ineffective or, worse, unsafe. When you make your purchases in-person, you should never be afraid to ask questions and should insist on seeing a certificate verifying independent lab results.


You never have to worry about the products you are buying from Penguin CBD, because we proudly share our lab results for every batch of CBD that gets extracted for our oils, gummies, capsules and creams. We always start with the best ingredients on the market, and are meticulous about our process until your order arrives at your door.

Penguin CBD is a favorite brand among publications like Merry Jane and the Daily Beast, and our customers are thrilled with our products. You can find the reviews on our website, and all our products come with a 30-day satisfaction guarantee.

Final Thoughts About CBD Oil in Delaware

Customers all over Delaware are taking advantage of laws that allow anyone 18 or older to purchase hemp-derived CBD. You can get CBD just about anywhere you shop, and there are shops dedicated to exclusively selling CBD products all over the state.

Naturally, you want to make sure you are getting the safest, most effective products on the market, and sometimes that can be a challenge given the lack of regulation in Delaware. CBD may not be new to the First State, but commercial hemp-growing and processing programs are. As of right now, there are few if any consumer protections in place. The state is still working out the kinks.

Hopefully, progress for CBD regulation in the state of Delaware will be quick, and consumers will soon be able to buy products without worry. For now, it is important to do your research and make sure your CBD comes from a reputable source.

Penguin CBD’s products are always trustworthy. Visit our online shop today to find your new favorite items, and you may decide you never need to shop anywhere else.

Want to buy CBD oil in Delaware? Here's everything you need to know.

Is CBD oil legal in Delaware?

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  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Delaware CBD laws
  4. Where to buy CBD in Delaware
  5. How to read CBD labels and packaging

CBD oil derived from hemp is legal in Delaware, with CBD products available for purchase throughout the state. In addition to hemp-derived CBD products that can be purchased over-the-counter, Delaware has also had a medical marijuana program since 2011 with the passage of the Delaware Medical Marijuana Act. Eligible patients can buy CBD oil derived from cannabis, along with cannabis products containing both CBD and THC.

Adult-use cannabis remains illegal, although in 2015,House Bill 39 decriminalized the possession and private use of up to one ounce of cannabis. In 2019, the bill was expanded to decriminalize juvenile possession of one ounce or less.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule I, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The Hemp Farming Act of 2018 re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it has been cultivated according to federal and state regulations.

The 2018 Hemp Farming Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Hemp Farming Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.

The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD products.

In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.

In March of 2020, the FDA released guidelines for manufacturers, processors, and vendors of hemp-derived CBD products.

Delaware CBD laws

Delaware cannabis legislation bears infrequent mention to CBD. Medical marijuana was legalized in the state in 2011, under theDelaware Medical Marijuana Act. Under the state’s medical marijuana program, patients with a qualifying health condition and a medical marijuana card can purchase CBD products derived from marijuana.

In Delaware, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC. Photo by: Gina Coleman/Weedmaps

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According to the act, cannabis-derived CBD oil must contain at least 15 percent CBD but no more than 7 percent THC, or must be a dilution that contains at least 50 milligrams of CBD per milliliter, and no more than 7 percent THC.

Hemp cultivation was legalized in Delaware in 2014. House Bill 385, which was informed by the 2014 Farm Bill, allowed for the production of industrial hemp strictly for research purposes. Hemp is defined as any part of the Cannabis sativa L. plant, including the seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, salts of isomers, with no more than .3% THC on a dry weight basis.

The provisions of House Bill 385 were expanded in 2018 with the passage of Senate Bill 266, which was approved several months before the 2018 federal Farm Bill was signed into law. This bill endowed the Delaware Department of Agriculture with the authority to adopt and change hemp-related laws to align with federal rules and policies. The act positioned Delaware to permit the industrial cultivation of hemp when federal restrictions were repealed following the 2018 Farm Bill.

Delaware is awaiting approval for its state hemp plan from the USDA. Although no commercial production of hemp is permitted in the interim, growers can still legally produce hemp under the Delaware Hemp Research Pilot Program.

Delaware hemp legislation makes no specific reference to CBD, which has resulted in a relatively unrestricted and unregulated hemp-derived CBD market.

Licensing requirements for CBD

The Delaware Department of Agriculture is responsible for licensing hemp cultivation and production in the state. Those who are interested in cultivating hemp must apply through the Hemp Research Pilot Program, which requires the grower to establish a research agreement with an appropriate approved institution.

Those who apply must provide fingerprints and a background check. Approved and authorized applicants can collect hemp seed from the Delaware Department of Agriculture. A department representative must be notified at least 15 days before the harvest to sample the crop for THC levels.

Delaware also has a program in place to grant licenses for the processing of hemp.

Delaware CBD possession limits

There are no limits on hemp-derived CBD possession in Delaware.

There are no limits on hemp-derived CBD possession in Delaware. Photo by: Gina Coleman/Weedmaps

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Eligible patients accessing CBD through the state’s medical marijuana program are permitted to purchase a limit of three ounces every two weeks.

There is currently no specific legislation outlining the penalties for possession of cannabis-derived CBD. There is, however,a sliding scale of penalties for those found in possession of more than one ounce of cannabis. The possession of less than one ounce of cannabis without a medical marijuana card is considered a civil offense, punishable by a fine of no more than $100. Possession of more than one ounce up to 175 grams of cannabis is a misdemeanor punishable by up to three months in jail and a fine of up to $575. Possession of more than 175 grams of cannabis is considered a felony offense and may be punishable by up to three years in jail.

Where to buy CBD in Delaware

CBD products derived from hemp can be found throughout Delaware in retail outlets such as convenience stores, health food stores, coffee shops, and a growing number of CBD-specific retailers.

CBD products derived from cannabis are only available from authorized dispensaries.

Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.

Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and compare CBD products based on price. CBD brands often also have their own ecommerce shop, allowing the consumer to purchase their desired CBD products straight from the source. Find out more about where to purchase CBD.

How to read CBD labels and packaging

The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.

Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution, and take necessary precautions such as doing some research before making a purchase to ensure the CBD comes from a reliable source. Most reputable CBD producers typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full-spectrum, broad-spectrum, or isolate.
  • Batch or date code.

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

Is CBD oil legal in Delaware? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Delaware CBD laws Where to