As of September 23, 2026, CBN (Cannabinol) is legal to sell at retail in Delaware. CBN unscheduled and legal as hemp-derived; not a THC, not within DE's structural-class synthetic-cannabinoid ban; no enacted intoxicating-he. Controlling source: 16 Del. C. 4714 (Schedule I; (d)(19) marijuana/tetrahydrocannabinols entry, CBN absent; (g) synthetic-cannabinoid closed structural-class list).
Verified September 23, 2026 (manual) · confidence: confirmedCBN (cannabinol) is NOT named anywhere in Delaware's Schedule I (16 Del. C. 4714 reviewed in full -- cannabinol absent from opiates, opium derivatives, hallucinogens, depressants, stimulants, the synthetic-cannabinoid list, and tianeptine). The only cannabis-class entry is 16 Del. C. 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...' -- CBN is the aromatized oxidation product of THC, NOT a tetrahydrocannabinol and not an isomer of one, so this entry does not reach it (Schedule III 4718(o) covers only FDA-approved dronabinol -- irrelevant). Hemp-derived CBN is carved out of 'marijuana': 16 Del. C. 4701(28)b. excludes 'Industrial hemp as defined in s 2801 of Title 3,' and 3 Del. C. 2801(2) defines industrial hemp as Cannabis sativa L. and any part 'with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis,' the DDA confirming hemp includes 'all derivatives, extracts, cannabinoids, isomers, acids, salts...' tested on post-decarboxylation delta-9 THC. THC cap is DELTA-9-ONLY, 0.3% dry weight -- a tetrahydrocannabinol measure that does not reach CBN. Delaware's synthetic-cannabinoid control, 16 Del. C. 4714(g), is a CLOSED STRUCTURAL-CLASS list ('Synthetic cannabinoid classes include all of the following:' -- naphthoylindoles [JWH-018, AM2201], naphthylmethylindoles, naphthoylpyrroles, naphthylmethylindenes, phenylacetylindoles, cyclohexylphenols [CP-47,497], benzoylindoles, adamantoylindoles), requiring a compound 'chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors.' CBN -- whether extracted or CBD-converted -- falls within none of those eight scaffolds, and the psychotropic-binding predicate (CBN is non/low-psychoactive) is not met, so converted CBN is NOT captured. No enacted intoxicating-hemp overlay reaches CBN: the bill that would have integrated THC consumables into the Office of the Marijuana Commissioner channel (HS 1 for HB 98, 153rd G.A.) was STRICKEN 6/17/2025 (Status: Stricken; Effective Date: N/A) and is NOT law; successor bills HB 373 and HB 395 remain pending/unpassed as of June 30, 2026. Even the stricken HS1-HB98 keyed restrictions to 'THC'/'total THC' and (while naming CBN neutrally) classed CBD/CBN non-intoxicating, so a pure CBN product would have stayed in general retail. The adult-use cannabis law (HB 1/HB 2, 2023) created the OMC marijuana channel but DDA confirms the hemp and marijuana lanes are separate -- hemp-derived CBN stays under the hemp program / general retail. No state-statute mg cap, no state age gate for non-intoxicating hemp CBN, and no retail license to sell finished CBN (DDA producer/processor/handler licensing governs the hemp PLANT, not downstream consumer goods). Federal floor: CBN not scheduled federally; converted CBN at DEA synthetic risk; Pub.L.119-37 Sec.781 bars synthesized-outside-the-plant cannabinoids eff. 2026-11-12; FDA added-cannabinoid caveat. A legal state row != safe-to-sell.
16 Del. C. 4714(d)(19) (Schedule I): '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.' (CBN is not a tetrahydrocannabinol -- not within this entry; 'cannabinol' appears nowhere in s 4714.) -- 16 Del. C. 4714(g): 'Any synthetic cannabinoid, which means any material containing any compound... chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following:' [naphthoylindoles; naphthylmethylindoles; naphthoylpyrroles; naphthylmethylindenes; phenylacetylindoles; cyclohexylphenols; benzoylindoles; adamantoylindoles]. -- 16 Del. C. 4701(28)b.: 'Marijuana does not include any of the following: ... 3. Industrial hemp as defined in s 2801 of Title 3.' -- 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.'
Among Delaware's 3 neighbors, Maryland and New Jersey are restricted; Pennsylvania is legal.
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Not federally scheduled. CBN (cannabinol) - not federally scheduled; hemp-derived CBN sits inside the hemp definition Federal detail
7 instruments on file for this compound's framework in Delaware; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
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.
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;
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;
593a0b79bd39fa3316 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.
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.
f09fbb0561d1a8313 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.]
93020d4e3338663aFor 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.
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