A blue road sign saying "Welcome to Delaware. The First State. 'Small Wonder.'"

CBD Oil in Delaware: Is it Legal & Where to Buy

Most people who live in Delaware know that it’s not exactly the most cannabis-friendly state in America. Instead, it’s one of the most progressive states for marijuana legalization. Additionally, the state is also an excellent location to find a wealth of CBD products. 

CBD in Delaware: Things You Should Know

CBD is readily available in Delaware. Therefore, you can buy it either online or at physical locations. If you’re interested in looking into more of Delaware’s CBD laws, then you can always visit the website for the Delaware Department of Health and Human Services. You can also hop online to look up the state’s various laws regarding cannabis. A good thing to remember is that all hemp-based CBD products are legal throughout the United States (as long as they contain 0.3% or less THC), because of the 2018 Farm Bill. However, Delaware does have its own laws in effect regarding both medicinal and recreational marijuana.

Is CBD Legal in Delaware?

A bunch of hemp next to a jar of golden-colored CBD oil.

Anyone can buy CBD oil in Delaware legally. The one catch to that statement is that the CBD must be made from hemp in order to avoid any legal ramifications. 

In 2011, the Delaware Medical Marijuana Act was passed. This bill makes it legal for patients to obtain medicinal marijuana, provided they have an identification card and written certification from a licensed physician. Once these documents are obtained, patients send them to the Department of Health and Social Services so that they will be able to legally buy medicinal marijuana. Medical marijuana patients can legally have up to six ounces of marijuana in their possession, but they cannot buy more than three ounces of it over a two-week time period. 

In 2015, Delaware decriminalized marijuana through the passing of HB39. Therefore, possession of up to one ounce of marijuana is punishable by a small fine of up to $100. This penalty graduates to a felony for possession of over 175 grams of marijuana. 

In 2018, SB 266 was signed into law. This bill allows for industrial hemp to be cultivated, thus making the state’s hemp pilot program possible. 

Finally, in 2019, the state’s medical marijuana act was amended through SB 170. This bill included regulations on medicinal marijuana, and also created a new medical cannabis card also known as the CBD Rich Card. Through this bill, anxiety was also added to the list of conditions that qualify for a CBD Rich Card. In 2020, the bill was amended yet again to clarify what the CBD and THC content requirements of medicinal marijuana products would be. Lastly, a Compassionate Care Card was created in 2020 for patients with debilitating medical conditions that are not on the qualifying list. Therefore, they can obtain this card with a doctor’s recommendation. 

As we stated earlier, all hemp-derived CBD products are legal in Delaware and across the United States thanks to the passing of the 2018 Farm Bill. Even though each state has its own laws regarding hemp-based CBD, it’s legal to purchase it in Delaware. 

Is CBD Oil Legal in Delaware?

Since 2015, marijuana-derived CBD oils have been legal for adults and those under the age of 18. In 2016, Governor Jack Markell signed Senate Bill 181 into law. Interestingly, this bill allows minors to take medicinal marijuana while on school property as long as it's administered by a caregiver. 

When it comes to hemp-derived CBD oil in Delaware, consumers are able to purchase it without any limitations or restrictions. Currently, there hasn’t been any legislation passed that will change hemp-based CBD oil’s status in Delaware. 

What to Look for When Buying CBD Oil in Delaware

A woman pours CBD sleep gummies from the jar into her hand

When buying CBD oil in Delaware, or in any other state, it’s best to first do your research. In your research, you should look for brands that: 

  • Use an independent lab to regularly test their products
  • Publish all lab reports on their website
  • Use a clean hemp source from within the United States
  • Obtain their extracts through the clean, industry preferred CO2 method
  • That post all verified customer reviews — both good and bad — on their website

While you’re looking into these bullet points, you can also research anything else you want or need to know about CBD. After all, it’s best to be an educated consumer instead of one who’s easily duped by less reputable brands that peddle subpar and potentially harmful products. 

Where to Buy CBD Oil in Delaware

There are many reputable shops to buy CBD oil from in Delaware. Some of them include: 


  • VapeEscape
  • Your CBD Store
  • Nature’s Way Medicine
  • First State Compassion Center


  • Blue Monkey Vapes
  • Maxed Out Vape
  • Puffster
  • Crystal Dragon Fine Smoking Accessories


  • All in One Smoke Shop
  • Delaware Vapor
  • VapeEscape


  • Unreal Vapors
  • Wesley’s Vape Shop
  • RISE Dispensary

New Jersey

  • Vapormaker
  • Vape 93
  • EarthE CBD


  • Phoenixville Smoke Shop
  • Holy Smokes/Not Your Typical Vape & Smoke Shop
  • Vapor Central @ Holy Smokes/Not Your Typical Vape & Smoke Shop

If, however, you’re not wanting to travel to a brick and mortar store, you can always spend as much time as you want shopping for top-quality CBD products online. In many ways, shopping for CBD online is far superior to visiting a local store. 

CBD Oil in Delaware: Online Shops vs Local Stores

A girl opens a package containing colorful boxes of CBD oil

While there’s many advantages to buying your CBD in the local store nearest you, there are also a lot of important factors to take into consideration. First, when you visit a CBD store, you’ll be limited to whatever products they have in stock. Next, it’s not a guarantee that the store owner or employees will be able to answer your questions in a thorough or complete manner. Also, you won’t be able to take as much time as you need to investigate products or brands because you’ll be restricted by the store hours. And lastly, you may not find as much information as you want to on a particular product that you’re interested in. 

When you shop for CBD products online, you can take as much time as you need to investigate both the products and the brand. Moreover, you can thoroughly read through any and all third-party lab reports and verified customer reviews. In essence, you can answer all of your own questions to your satisfaction. Some of the best things about shopping for CBD oils online is that you can shop from the comfort of your own home, have your orders shipped directly to your door, and you can take advantage of any discount programs, coupon codes, or subscription programs that a brand has to offer. Shopping for CBD oil online at home is one of the most pressure- and stress-free ways to buy top-quality products. 

Summary on Legality & Buying CBD Oil in Delaware

The CBD space in Delaware is growing at a rapid clip. And while there aren’t brick and mortar stores on every single corner, you can still spend as much time as you need shopping for top-quality products online from respected brands. Not only is buying CBD oil online convenient, it’s also more cost-effective in the long-run. Not only that, but most brands ship their products to all 50 states in the United States.