Applicable Laws: 2018 Farm Bill, Delaware Senate Bill 266, Delaware Industrial Hemp Act
Like many other states, Delaware established a hemp research pilot program in response to the federal government’s passage of the 2018 Farm Bill, classifying hemp and hemp-derived products as legal when they contained minimal THC levels. However, the Delaware law limits field size to 10 acres, and does not specifically allow for hemp to be grown as a “commercial crop”, so this uncertainty has resulted in very few farmers raising hemp within the state. The state does have a process for hemp processors to submit a request for a processing license, but it is unclear if any have been granted by the state, or where processors are expected to obtain their hemp crop. Currently. growers can only legally produce hemp in affiliation with Delaware State University or the Delaware Department of Agriculture. Nevertheless, Delaware does not criminalize possession or usage of hemp-related products like CBD, and CBD topical creams and ingestibles from out of state vendors are widely available within Delaware.
