Is CBD Legal in Delaware? State Hemp Rules in 2026

Delaware defines hemp at 0.3% delta-9 THC. A 2026 law covers hemp products and licensed THC drinks. Checked against official sources, November 2, 2026.

Last checked: November 2, 2026Based on official sourcesNot legal advice.

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In short

As of November 2, 2026, Delaware law defines industrial hemp as Cannabis sativa L. with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. A 2026 law, effective October 21, 2026, says Delaware's alcohol and marijuana chapter does not restrict hemp or cannabinoid products that are not infused beverages, as long as they are made and sold in compliance with hemp, food, drug and consumer safety rules.^{[1, 2, 3]}

The same law (85 Del. Laws c. 394) also creates a licensed channel for THC-infused beverages. Sales are limited to people 21 and older. Section 4 of the law ends the beverage authorization automatically if certain federal hemp changes take effect.^{[3, 4]}

At a glance

Is CBD Legal in Delaware? State Hemp Rules in 2026
Topic	Status
Is CBD legal?	Delaware's new 4 Del. C. § 1313A, effective October 21, 2026, says the state's alcohol and marijuana chapter may not be read to prohibit or restrict making, distributing or selling hemp products or cannabinoid products that are not infused beverages. That applies when the products are produced and sold in compliance with applicable federal and state hemp laws and other food, drug and consumer safety rules. The section also says a hemp product is not treated as marijuana, a marijuana product or an infused beverage solely because it contains cannabinoids such as CBD, CBG, CBN or CBC.^{[2, 3]}
Hemp definition and THC limit	3 Del. C. § 2801 defines industrial hemp as Cannabis sativa L. and any part of it with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. The state's marijuana definition excludes industrial hemp as defined in § 2801. This is a delta-9 test. We did not find a total-THC test in these sections.^{[1, 5]}
CBD in food and drinks	We did not find a Delaware statute that sets a separate rule for CBD in ordinary food or drinks. THC-infused beverages are a separate, licensed category. By definition they contain no alcohol, and the only THC they may contain is delta-9 extract. They may also contain nonintoxicating cannabinoids such as CBD, CBG, CBN and CBC. Limits are 10 mg of THC per single-serving container, 60 mg per multi-container package and 170 mg per 750 mL bottle. A single-serving container must hold at least 12 ounces.^[3]
Intoxicating hemp products (delta-8, THCA flower and similar)	Outside beverages, we did not find a Delaware law that sets potency limits for hemp products. Two parts of the code pull in different directions. 16 Del. C. § 4714(d)(19) lists products that contain 'any tetrahydrocannabinols' (and are not FDA approved) in Schedule I, while § 4701 excludes industrial hemp from the marijuana definition. How these fit together for delta-8 or THCA flower is not settled in the text we read. As of November 2, 2026, the General Assembly site showed several hemp bills that had not become law (SB 298, House Substitute 2 for HB 401, and HB 395). They are described in the sections below.^{[5, 6, 7, 8, 9]}
Minimum age	Infused beverages: 21 or older. Penalties for selling to someone under 21 run from $250 to $500 for a first violation, and up to $10,000 may be imposed for each later violation within five years. We could not find a statewide minimum age for non-beverage hemp products in Delaware law as of November 2, 2026. Adult-use marijuana buyers must be 21 or older.^{[3, 10]}
Who can sell it	Infused beverages may be sold only by licensed package stores and retail marijuana stores, and only for off-premises consumption. Third-party delivery and online sales are prohibited, though package stores may fill electronic orders for in-store or curbside pickup. A hemp retail store that does not sell marijuana, marijuana products or infused beverages does not need a license or endorsement under that chapter solely to sell non-beverage hemp products.^{[2, 3]}
Labels and lab testing	Each infused beverage container must show a symbol, set by the Commissioner, that says it contains THC and is not legal or safe for people under 21. Child-appealing packaging is prohibited. Beverage importers must hold each shipment until the Commissioner approves it, and the Commissioner takes samples from each lot for testing at the importer's cost. We did not find label or testing rules for non-beverage hemp products.^[3]
Medical and adult-use marijuana	Both are legal. The Delaware Medical Marijuana Act (16 Del. C. ch. 49A) allows qualifying patients under 18 to receive marijuana oil only. Adult-use retail sales began August 1, 2025, for adults 21 and older.^{[10, 11]}
November 12 and December 11, 2026	Section 4 of 85 Del. Laws c. 394 ends all authorization for infused beverages automatically on either of two triggers. One is the effective date of a federal act, with a parenthetical pointing to the changes Section 781 of Public Law 119-37 makes to 7 U.S.C. § 1639o. The other is a federal act that changes the hemp definition so that an authorized beverage would be a federally controlled substance. The wording of the first trigger is not fully clear, and the text does not name November 12 or December 11, 2026. We have found no statement from Delaware officials on which date will count. It may be that the authorization ends on November 12 or on December 11, 2026. That is our reading, not a ruling from Delaware officials. Delaware's own hemp definition in § 2801 does not refer to federal law.^{[1, 3, 12, 13]}

How Delaware defines hemp

Delaware's Industrial Hemp Research Act defines industrial hemp as the plant Cannabis sativa L. and any part of it, growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.^[1]

Delaware's marijuana definition lists industrial hemp as defined in § 2801 of Title 3 among the things it does not cover. So the state's own hemp definition decides what falls outside the marijuana law.^[5]

The Department of Agriculture's hemp program page describes the limit as 0.3 percent delta-9 THC on a dry weight basis, or the THC level for hemp in 7 U.S.C. 5940, whichever is greater. The statute text in § 2801 does not include the 'whichever is greater' wording. We did not find how Delaware reconciles the two, so we rely on the statute for the definition.^{[1, 14]}

CBD and other hemp products

4 Del. C. § 1313A took effect October 21, 2026. It says the marijuana chapter may not be construed to prohibit or restrict making, distributing or selling hemp products or cannabinoid products that are not infused beverages. The condition is that they are produced and sold in compliance with applicable federal and state hemp laws and other food, drug and consumer safety rules.^{[2, 3]}

It also says a hemp retail store that does not sell marijuana, marijuana products or infused beverages does not need a license or endorsement under that chapter solely to sell non-beverage hemp products.^{[2, 3]}

The same section says a hemp product is not treated as marijuana, a marijuana product or an infused beverage solely because it contains cannabinoids, including CBD, CBG, CBN or CBC.^[3]

We could not find a statewide minimum age, potency cap or label rule for hemp products other than infused beverages in Delaware law as of November 2, 2026.

THC-infused drinks

House Bill 373 became 85 Del. Laws c. 394. The governor approved it on July 23, 2026, and most of it took effect 90 days later, on October 21, 2026. The tax section takes effect February 1, 2027.^{[3, 4]}

An infused beverage cannot contain alcohol. The only THC it may contain is delta-9 extract. Limits are 10 mg per single-serving container, 60 mg per multi-container package and 170 mg per 750 mL bottle.^[3]

Sales are limited to licensed package stores and retail marijuana stores, for off-premises consumption, to people 21 and older. The tax is $0.50 per single-serving container and $8.50 per 750 mL bottle.^[3]

Licenses are infused-beverage endorsements. They are valid for two years, and the application fee is $1,500 ($600 for social equity or microbusiness facilities).^[3]

Delta-8, THCA and other hemp products

The Delaware code does not give a clear answer for delta-8 or THCA products outside beverages in the sections we read. Schedule I in 16 Del. C. § 4714(d)(19) covers products containing 'any tetrahydrocannabinols' that are not FDA approved. The marijuana definition in § 4701 excludes industrial hemp. A reader should not assume either rule settles the question.^{[5, 6]}

Not passed as of November 2, 2026: Senate Bill 298 would draw a clearer line between legal hemp, hemp-derived cannabinoid products, marijuana and controlled substances. Its page on the General Assembly site shows it awaiting consideration in committee.^[7]

Not passed as of November 2, 2026: House Bill 401 was replaced on June 16, 2026 by House Substitute 2. The substitute would create a Delaware Hemp Regulation Act, with retail licenses for off-premises sales of hemp-derived cannabinoid products, testing, labeling and a 21-and-older rule. It also includes a sunset tied to the same federal change as the beverage law. Its page shows it was voted out of committee on June 30, 2026 and placed on the Ready List. We did not find that it became law.^{[8, 15]}

Not passed as of November 2, 2026: House Bill 395 would amend Titles 3, 4 and 16 of the Delaware Code on hemp, marijuana and marijuana products. As introduced, it would require consumable products with more than a set level of THC, whatever their source, to be sold only through licensed establishments. A House amendment passed on June 16, 2026 would let a hemp retailer stop selling products with more than 0.4 mg of total THC per container in order to apply for a retail marijuana store license, with up to 20 licenses. Its page shows the bill awaiting consideration in a Senate committee. We did not find that it became law.^{[9, 12, 13, 16]}

Medical and adult-use marijuana

Delaware has a medical marijuana program under 16 Del. C. ch. 49A. A qualifying patient under 18 may receive only marijuana oil. The Act defines a cannabidiol oil category as a processed extract with at least 15 percent CBD and no more than 7 percent THC, or a dilution that meets a CBD-per-milliliter test.^[11]

State-run news announced on August 1, 2025 that adult-use cannabis sales had begun for adults 21 and older.^[10]

How the federal change may affect Delaware

Delaware's hemp definition in § 2801 is written in the state's own terms (delta-9 THC, 0.3 percent). It does not point to the federal hemp definition, so a federal change does not by itself rewrite it.^[1]

The beverage law is different. Section 4 of c. 394 says that if either of two triggers happens, the infused-beverage licenses and endorsements end automatically and all authorization for infused beverages is repealed without further action by the General Assembly. The first trigger is the effective date of a federal appropriations and extensions act, with a parenthetical pointing to the changes Section 781 of P.L. 119-37 makes to 7 U.S.C. § 1639o. The second is the effective date of any federal act that changes the hemp definition so that an authorized beverage would be a federally controlled substance.^[3]

Federal law sets two later dates, November 12 and December 11, 2026. The wording of the first trigger is not fully clear, and as of November 2, 2026, we found no statement from Delaware officials on which date will count. It may be that the beverage authorization ends on November 12 or on December 11, 2026. This is our reading of the text, not an official position.^{[3, 12, 13]}

What changes next

November 12, 2026
Federal date that may end the Delaware beverage authorization
Federal law first sets November 12, 2026 for part of the hemp definition change. Delaware's Section 4 ties the beverage sunset to a federal effective date, and its wording is not fully clear. It may be that this date counts. That is our reading, not an official position.^{[3, 12, 13]}
December 11, 2026
Federal date for the rest of the hemp definition change
Federal law, unless Congress delays it again, sets December 11, 2026 for the rest. This may be the date the Delaware beverage authorization ends, or the sunset may already have happened on November 12.^{[3, 12, 13]}
February 1, 2027
Infused-beverage tax begins
The $0.50 per container and $8.50 per 750 mL bottle tax starts on this date, if the beverage authorization is still in place.^[3]

Who regulates hemp and CBD

Delaware Department of Agriculture, Plant Industries (hemp program): Runs the state's hemp production program under Regulation 805.
Office of the Marijuana Commissioner: Regulates marijuana and, under c. 394, infused-beverage endorsements and lot testing.

Timeline

August 1, 2025
Adult-use marijuana sales begin
Delaware announced that legal adult-use cannabis sales began, for adults 21 and older.^[10]
July 23, 2026
THC-infused beverage law signed
The governor approved HB 373, which became 85 Del. Laws c. 394.^{[3, 4]}
October 21, 2026
Beverage law and hemp-product protection take effect
Most of c. 394 took effect 90 days after enactment, including 4 Del. C. § 1313A on hemp products and the infused-beverage rules.^{[2, 3]}

Sources

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.