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CBD Laws in Delaware

How Delaware law treats cbd, from the state code and official state agencies.

Short answer: Hemp CBD is not marijuana under Delaware law when it comes from industrial hemp (no more than 0.3% delta-9 THC on a dry-weight basis). 16 Del. C. § 4701(28)b.3.; 3 Del. C. § 2801(2); HB 373 (153rd G.A.)

CBDHemp CBD is not marijuana under Delaware law when it comes from industrial hemp (no more than 0.3% delta-9 THC on a dry-weight basis). House Bill 373 (signed July 23, 2026) classifies CBD, CBG, CBN and CBC as nonintoxicating cannabinoids. The Office of the Marijuana Commissioner describes CBD as not intoxicating but says unregulated hemp-derived products are not tested for safety or purity.
Definitions: https://delcode.delaware.gov/title16/c047/sc01/index.html ; https://delcode.delaware.gov/title3/c028/index.html ; OMC: https://omc.delaware.gov/faq/

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FAQ

Is CBD legal in Delaware?
Hemp CBD is not marijuana under Delaware law when it comes from industrial hemp (no more than 0.3% delta-9 THC on a dry-weight basis). House Bill 373 (signed July 23, 2026) classifies CBD, CBG, CBN and CBC as nonintoxicating cannabinoids. The Office of the Marijuana Commissioner describes CBD as not intoxicating but says unregulated hemp-derived products are not tested for safety or purity.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.