Is CBD (Cannabidiol, hemp-derived) Legal in Delaware? (2026)

Edible / ingestible

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Delaware as edible / ingestible. Delaware: no state rule on CBD ingestibles beyond the 0.3% delta-9 hemp definition. Controlling source: 3 Del. C. ch. 28.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

3 Del. C. 2801 defines industrial hemp at 0.3% delta-9 THC dry weight; the chapter has no retail, product, age or CBD rules. HB 395 (2026), which would have routed THC-containing consumables to licensed marijuana retailers, stalled in Senate committee when the session ended; SB 298 and HB 401 also not enacted. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: 0.3% delta-9 THC. Pending: Watch 2027 session for HB 395-type licensing. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Source of excerpt

Citations

  1. 3 Del. C. ch. 28 (Delaware Code Online, 2026-10-07) PRIMARYOFFICIAL
  2. Delaware HB 395 (153rd GA) (Delaware General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Delaware as flower / raw plant. Delaware: no smokable hemp statute; 0.3% delta-9 hemp definition; 2026 dispensary-channel bills stalled. Controlling source: 3 Del. C. ch. 28.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

3 Del. C. 2801 defines industrial hemp by a delta-9 THC concentration of not more than 0.3% on a dry weight basis, and the chapter contains no retail, smokable or age rules. HB 395 (2026) would have required consumable products containing specified THC levels to be sold only through licensed establishments, but it was still in Senate committee when the session closed; SB 298 and HB 401 were also pending. No penalty specific to smokable hemp. Watch the 2027 session. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban False, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test False. Pending: HB 395 (2026) would route THC-containing consumable products through licensed marijuana establishments; it stalled in Senate committee (as of 6/16/26) and the session has ended. SB 298 and HB 401 (2026) also not enacted. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Source of excerpt

Citations

  1. 3 Del. C. ch. 28 (Delaware Code Online, 2026-10-07) PRIMARYOFFICIAL
  2. HB 395 (153rd GA) bill detail (Delaware General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. 3 Del. C. 2801(2) PRIMARYOFFICIAL
  4. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Delaware as other. No state hemp rule for pet CBD; treats fall under general commercial feed registration. Controlling source: 3 Del. C. ch. 28.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

No state hemp statute or rule addresses pet products. Pet treats are commercial feed under state feed law, and AAFCO has no hemp/CBD ingredient definition, so feed registration of CBD treats can be refused (interpretive, not a named ban). Applies to CBD pet products. Limit noted: None in hemp law; state commercial feed law applies to treats. Pending: Watch 2027 session for HB 395-type licensing. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Source of excerpt

Citations

  1. 3 Del. C. ch. 28 (Delaware Code Online, 2026-10-07) PRIMARYOFFICIAL
  2. Delaware HB 395 (153rd GA) (Delaware General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Delaware as topical. Delaware: no state rule on CBD topicals. Controlling source: 3 Del. C. ch. 28.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

3 Del. C. 2801 defines industrial hemp at 0.3% delta-9 THC dry weight; the chapter has no retail, product, age or CBD rules. HB 395 (2026), which would have routed THC-containing consumables to licensed marijuana retailers, stalled in Senate committee when the session ended; SB 298 and HB 401 also not enacted. Applies to CBD topicals. Limit noted: 0.3% delta-9 THC. Pending: Watch 2027 session for HB 395-type licensing. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Source of excerpt

Citations

  1. 3 Del. C. ch. 28 (Delaware Code Online, 2026-10-07) PRIMARYOFFICIAL
  2. Delaware HB 395 (153rd GA) (Delaware General Assembly, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in Delaware

FormStatusHeadlineVerified
Edible / ingestible LegalDelaware: no state rule on CBD ingestibles beyond the 0.3% delta-9 hemp definition.2026-10-08
Flower / raw plant LegalDelaware: no smokable hemp statute; 0.3% delta-9 hemp definition; 2026 dispensary-channel bills stalled.2026-10-08
Other LegalNo state hemp rule for pet CBD; treats fall under general commercial feed registration.2026-10-08
Topical LegalDelaware: no state rule on CBD topicals.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Delaware's 3 neighbors, Maryland and New Jersey are restricted; Pennsylvania is legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Delaware

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for Delaware

7 instruments on file for this compound's framework in Delaware; 12 of 13 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

16 Del. C. Sec. 4701(28) · Uniform Controlled Substances Act - Definitions - 'Marijuana'OFFICIAL
Instrument
Uniform Controlled Substances Act - Definitions - 'Marijuana'
Source
https://delcode.delaware.gov/title16/c047/sc01/index.html
Retrieved
2026-07-02
Fingerprint
f86794691a790e59
(28) a. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

b. "Marijuana" does not include any of the following:

1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

2. Products approved by the US Food and Drug Administration.

3. Industrial hemp as defined in Sec. 2801 of Title 3.
16 Del. C. Sec. 4714(a), (d) intro, (d)(19) · Schedule I - Hallucinogenic substances - marijuana / tetrahydrocannabinolsOFFICIAL
Instrument
Schedule I - Hallucinogenic substances - marijuana / tetrahydrocannabinols
Source
https://delcode.delaware.gov/title16/c047/sc02/index.html
Retrieved
2026-07-02
Fingerprint
c1ac16399266faa1
(a) The controlled substances listed in this section are included in Schedule I.

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;
16 Del. C. Sec. 4714(d)(19) · Schedule I -- hallucinogenic substancesOFFICIAL
Instrument
Schedule I -- hallucinogenic substances
Source
https://delcode.delaware.gov/title16/c047/sc02/index.html
Retrieved
2026-07-18
Fingerprint
a987c874a9676530
(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;
16 Del. C. Sec. 4714(d)(19) and 16 Del. C. Sec. 4714(g) · Schedule I -- tetrahydrocannabinols; synthetic cannabinoid classesOFFICIAL
Instrument
Schedule I -- tetrahydrocannabinols; synthetic cannabinoid classes
Source
https://delcode.delaware.gov/title16/c047/sc02/index.html
Retrieved
2026-07-19
Fingerprint
593a0b79bd39fa33
16 Del. C. Sec. 4714(d)(19): Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration. 16 Del. C. Sec. 4714(g): Any synthetic cannabinoid, which means any material containing any compound, mixture, or preparation that is not a federal Food and Drug Administration (FDA) approved drug and is chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following: (1) Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 018, JWH 019, JWH 073, JWH 081, JWH 122, JWH 200, JWH 398, AM2201, and WIN 55,212.2. (2) Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 175 and JWH 184. (3) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 307. (4) Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 176. (5) Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes RCS-8 (SR-18), JWH 250, JWH 203, JWH 251, and JWH 302. (6) Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. This structural class includes CP 47,497 and CP 55,940. (7) Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes AM694, RCS-4 (SR-19), and AM679. (8) Adamantoylindoles. Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. This structural class includes AM1248.
16 Del. C. Sec. 4714(g) · Schedule I - Synthetic cannabinoid (functional definition + structural classes)OFFICIAL
Instrument
Schedule I - Synthetic cannabinoid (functional definition + structural classes)
Source
https://delcode.delaware.gov/title16/c047/sc02/index.html
Retrieved
2026-07-02
Fingerprint
9f43f555c6b8f388
(g) Any synthetic cannabinoid, which means any material containing any compound, mixture, or preparation that is not a federal Food and Drug Administration (FDA) approved drug and is chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following:

(1) Naphthoylindoles. -- Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cyc1oalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following:

a. JWH 018.

b. JWH 019.

c. JWH 073.

d. JWH 081.

e. JWH 122.

f. JWH 200.

g. JWH 398.

h. AM2201.

i. WIN 55,212.2.

(2) Naphthylmethylindoles. -- Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpho-linyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following:

a. JWH 175.

b. JWH 184.

(3) Naphthoylpyrroles. -- Any compound containing a 3-(1naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 307.

(4) Naphthylmethylindenes. -- Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 176.

(5) Phenylacetylindoles. -- Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following:

a. RCS-8 (SR-18).

b. JWH 250.

c. JWH 203.

d. JWH 251.

e. JWH 302.

(6) Cyclohexylphenols. -- Any compound containing a 2-(3hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. This structural class includes all of the following:

a. CP 47,497.

b. CP 55,940.

(7) Benzoylindoles. -- Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following:

a. AM694.

b. RCS-4 (SR-19).

c. AM679.

(8) Adamantoylindoles. -- Any compound containing a 3-(1adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. This structural class includes AM1248.
3 Del. C. 2801(2) · 3 Del. C. 2801(2)OFFICIAL
Instrument
3 Del. C. 2801(2)
Source
https://delcode.delaware.gov/title3/c028/index.html
Retrieved
2026-10-07
Fingerprint
f09fbb0561d1a831
3 Del. C. 2801(2) ["Industrial hemp" means the plant Cannabis sativa L. and any part of such plant] "with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." [Chapter 28 (2800 to 2803) covers research cultivation, certification and fees only; no retail or smokable provisions.] [Bracketed spans summarized.]
3 Del. C. Sec. 2801 · Industrial Hemp - DefinitionsOFFICIAL
Instrument
Industrial Hemp - Definitions
Source
https://delcode.delaware.gov/title3/c028/index.html
Retrieved
2026-07-02
Fingerprint
93020d4e3338663a
For purposes of this chapter:

(1) "Department" means the Department of Agriculture.

(2) "Industrial hemp" means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Related

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CBD (Cannabidiol, hemp-derived) in other states

Same framework in Delaware

Other compounds in Delaware

Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in Delaware? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/delaware/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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