• Hemp-sourced CBD: LEGAL

  • Marijuana-sourced CBD for medical use only: LEGAL

  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana is legal in Delaware, but only for approved conditions (Delaware Medical Marijuana Act, 2011). Patients and their caregivers can receive an ID card to possess 6 ounces or less. Under Rylie’s Law (SB 90), passed in 2015, CBD oil sourced from marijuana was also legalized for medical use, providing that it contain no more than 7% THC.

However, marijuana (and all products sourced from marijuana) for recreational use is still a punishable offense under state law. The state also has an industrial hemp pilot program.