At the end of 2018, the United States government signed into law the 2018 Farm Bill, which legalized the production and sale of hemp and hemp products within the United States. Specifically, the 2018 Farm Bill stated the following:
- Hemp has been removed from Schedule I of the Controlled Substances Act is no longer considered a controlled substance.
- Hemp is defined as any cannabis plant that contains not more than 0.3% delta-9-tetrahydrocannabinol (THC) by dry weight.
- States and Indian tribes may not prohibit the interstate transportation and shipment of lawfully produced hemp.
- Hemp growers must have a valid USDA-issued license.
- States and Indian tribes may enact and enforce laws regarding hemp that are more stringent than federal law. However, States and Indian tribes may not block the shipment of hemp through their territories.
Marijuana, which is also derived from the cannabis plant, remains a Schedule I Controlled Substance according to Federal law. The difference, as defined within the Farm Bill, is that hemp refers to cannabis plants containing no more than 0.3% THC.
Is CBD Legal in Delaware?
Short answer: CBD is extracted from hemp. Yes, hemp products are legal for manufacture and sale in the state of Delaware. Products must contain less than 0.3% THC.
In 2018, the state of Delaware approved a pilot program for the cultivation of hemp for research purposes with Senate Bill 266. The Delaware Domestic Hemp Production Program was later approved by the USDA, the federal regulatory body, in January 2020. With USDA approval, the cultivation, processing, and sale of hemp is legal in Delaware.
The Delaware Domestic Hemp Program is controlled by the Delaware Department of Agriculture.
There are three categories for industry participants in the Delaware Domestic Hemp Production Program: Producers, Processors, and Handlers.
A hemp producer is any individual or business with the intent to grow, cultivate or distribute hemp, including transplants, seedlings, or clones. Producers must pass a criminal background check and meet other criteria to be approved and obtain a license. Once approved, a producer ready to harvest their hemp crop will need to submit samples for testing. Hemp must contain less than 0.3% THC on a dry-weight basis.
A processor is any individual or business with the intent to conduct processes that convert raw hemp material in any way other than for testing. This includes producers who harvest and package their own crop, extractors, and hemp product manufacturers. Processors must also pass a background check and meet other criteria for approval.
Handlers refer to any individual or business with the intent to transport or store hemp or hemp plant parts prior to the delivery of such plant or plant part for processing, including seed. Licensed producers and registered processors are not required to obtain a handler’s license. Again, a criminal background check is part of the approval process.
The Delaware Domestic Hemp Production Program does not have oversight over the sale or marketing of hemp products, including CBD. The sale and purchase of CBD products is legal in the state of Delaware without a license.