CBD Oil in Delaware: Everything You Need to Know

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

A Guide to CBD in Delaware 

  • 2020 is the first year that hemp growers are able to grow commercial crops.
  • In all previous years, hemp production was under the supervision of the University of Delaware.
  • Hemp-derived CBD is legal to sell and purchase in any retail establishment.
  • The CBD must contain 0.3 percent THC or less.
  • No license is required to sell CBD, and no prescription is required to purchase it.

Is CBD Oil Legal in Delaware?

CBD has been a booming market for the last couple of years, and consumers in almost every state across the nation are happily taking advantage of recently expanded accessibility. Despite the 2018 federal legalization of industrial hemp containing 0.3 percent THC or less, however, the legality of CBD is still quite ambiguous.

Some people are wary of trying these new products that everyone seems to be raving about, because it is unclear whether CBD is legal or not. The federal government may have legalized hemp, but the Food and Drug Administration (FDA) has been slow to adopt any clear regulations about CBD.

The FDA has left it up to the states to decide how to regulate and enforce laws surrounding the newly popular substance so long as it contains 0.3 percent THC or less. While the United States Department of Agriculture oversees every state’s hemp program, there is little centralized oversight for the production and sale of CBD. 

Fortunately, we here at Penguin have done the research and hope to clear up any confusion. In this article, we’ll take a look at the regulations regarding hemp and CBD in the First State. We’ll examine some of the products available and provide tips on making sure you’re getting the best CBD available.

Are There CBD Laws in Delaware?

Fortunately for CBD enthusiasts, CBD is mostly an open market in Delaware. Marijuana-derived CBD was first made available to patients under the Medical Marijuana Act, but hemp-derived CBD came later, with the passage of the 2018 federal Farm Bill. 

Now, visitors and residents of the state of Delaware can purchase hemp-derived CBD from almost anywhere. There are tighter regulations on CBD sold in dispensaries, but there is no oversight whatsoever for businesses selling hemp-derived CBD.

As long as CBD contains 0.3 percent THC or less, any adult 18 or older is free to purchase CBD from any retailer they choose, without a prescription.

CBD in Delaware: Understanding Different Types of CBD Products


CBD oil is the original form of CBD, and was the only product on the market until fairly recently. Since pure CBD is extremely bitter, it is typically suspended in an oil, and the best brands use a special MCT oil to ensure faster and more thorough absorption.

When you want a top-notch CBD oil, Penguin CBD is a great choice because we only use organic hemp to make our oils. Our lab-verified CBD is some of the purest on the market, and our CBD oils come in four delicious flavors and three strengths to fit your needs on any day. Our mild natural flavor is perfect if you like to add CBD to your food and beverages.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

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Starting at $45

CBD Capsules

Some people just do not like the flavor of CBD oil. And sometimes it is easier to be able to swallow a gelcap and head out the door. When choosing between CBD oil and CBD capsules, there is not much of a difference besides preference and length of time for effects to kick in. 

For a no-fuss CBD option, Penguin's CBD capsules are the way to go. They are 10mg of CBD oil suspended in MCT oil, enveloped in an easy-to-swallow gelcap. You can take them with you anywhere, you don’t have to worry about spills and the amount is premeasured so you can precisely calibrate your dosage.

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

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Starting at $45

CBD Gummies

A spoonful of sugar helps just about anything go down, and a sweet-and-sour gummy is a perfect way to get your CBD in for the day. Bright, cheerful and never bitter, Penguin CBD’s gummies are an uplifting afternoon snack or a tasty end to your day. 

With 10mg of CBD per gummy, these delicious gummies can be eaten one at a time or by the handful. Our customers love the way they taste, and their texture is just right. Popping open the jar will put a smile on your face every time.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

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Starting at $45

CBD Cream

Whether it's the winter wind or the summer sun, the elements can really take its toll on your skin all year round. CBD cream is the perfect moisturizer that will leave you feeling smooth and fresh all day long. 

When you want a CBD cream that works for any spot, smells delightful and won’t leave you feeling greasy, Penguin CBD cream is your go-to brand. Our lavender-and-peppermint-scented cream is refreshing, cooling and soothing, and is a perfect part of your daily skincare routine.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

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Starting at $55

Industrial Hemp in Delaware

2020 is the first year that farmers in Delaware will be allowed to cultivate industrial hemp for commercial purposes. The state’s original hemp research pilot program was started under the 2014 Farm Bill, and legislators have been working closely with the USDA to gain approval to move into regulation under the 2018 Farm Bill. 

This is an exciting new frontier for the state’s hemp farmers, but many are apprehensive about how the growing season will go. In 2019, 26 growers were registered for the program under the old regulations, though only 18 produced a crop. Growers were permitted to sell their crops for commercial purposes as long as the research requirements under agreement with Delaware State University were met. 

Most growers are frustrated over the lack of assistance with the labor-intensive crops, as they are not permitted to use pesticides, fungicides or herbicides, but there is little information about the best ways to produce a viable crop without the assistance of these chemicals. Hemp is expensive and difficult to maintain, and the weather can alter the THC levels to make the crop unusable. 

When it comes to growing hemp for CBD, it is imperative to follow strict agricultural regulations. This is why we only use organically grown hemp at Penguin CBD. When you buy CBD from Penguin, you know you are getting the best because we only put the very best into our products.

Can I Purchase CBD Online in Delaware?

Purchasing CBD

The state of Delaware offers plenty of options when you want to get your CBD fix, but not every option is created equal. You can buy CBD at medical marijuana dispensaries, but those products are marijuana-derived and require a prescription.

There are stores that specialize in hemp-derived CBD, and these are the best places to shop when you are buying your CBD in a brick-and-mortar store. You can also get CBD at gas stations, grocery stores and vitamin shops. 

When you want to make sure you are getting the highest-quality products, it is often best to buy your CBD online because it takes the pressure off.

You can take time to research your products, find third-party lab results from the companies you are considering, get answers to your questions and then have products delivered right to your home. You don’t have to worry about getting scammed or making a quick decision, and you can shop from the comfort of your couch.

CBD Oil in Delaware

Since there is absolutely no regulation over retailers of CBD in the state of Delaware, consumers need to be careful about their purchases. This is especially true outside of a specialty shop, but it applies no matter where you are. 

Some companies will use substandard ingredients in their CBD products, making them ineffective or, worse, unsafe. When you make your purchases in-person, you should never be afraid to ask questions and should insist on seeing a certificate verifying independent lab results.


You never have to worry about the products you are buying from Penguin CBD, because we proudly share our lab results for every batch of CBD that gets extracted for our oils, gummies, capsules and creams. We always start with the best ingredients on the market, and are meticulous about our process until your order arrives at your door. 

Penguin CBD is a favorite brand among publications like Merry Jane and the Daily Beast, and our customers are thrilled with our products. You can find the reviews on our website, and all our products come with a 30-day satisfaction guarantee. 

Final Thoughts About CBD Oil in Delaware

Customers all over Delaware are taking advantage of laws that allow anyone 18 or older to purchase hemp-derived CBD. You can get CBD just about anywhere you shop, and there are shops dedicated to exclusively selling CBD products all over the state. 

Naturally, you want to make sure you are getting the safest, most effective products on the market, and sometimes that can be a challenge given the lack of regulation in Delaware. CBD may not be new to the First State, but commercial hemp-growing and processing programs are. As of right now, there are few if any consumer protections in place. The state is still working out the kinks.

Hopefully, progress for CBD regulation in the state of Delaware will be quick, and consumers will soon be able to buy products without worry. For now, it is important to do your research and make sure your CBD comes from a reputable source. 

Penguin CBD’s products are always trustworthy. Visit our online shop today to find your new favorite items, and you may decide you never need to shop anywhere else.