Delaware

Delaware Hemp Research Pilot Program

Businesses are able to engage in hemp cultivation, harvesting, processing, marketing, or transportation by entering into a partner agreement with Delaware State University for agricultural, industrial, or commercial purposes. Production of hemp for research purposes is limited to 10 acres per approved operation. Hemp must be grown as a part of a research program and not solely for general commercial activity. If all research requirements are met, then the growers are permitted to sell their crop.

To Apply to be a Grower

Growers must apply to the Delaware Department of Agriculture and be approved and authorized to participate in the Delaware Hemp Research Pilot Program.

1. Complete the Hemp Grower Checklist, Grower Application, and DSU Hemp Grower Research Agreement
2. Grower must submit a signed Research Agreement to Delaware State University
3. Grower must obtain completed fingerprint cards (fees will apply) from a National Background Information approved law enforcement agency located in Delaware.
4. Grower must apply online for an FBI Criminal Background Check
   • Additional guidance on the FBI Criminal Background Check
5. • The Delaware Department of Agriculture requires one sealed copy of this background check
   • Note that each sealed copy costs $18

• All information must be filled out
• Under the Personal Information Tab, the Reason for Needing a Background check is “Personal Review”
• Under the Mailing Address Tab: Fill in the In Care of Section: In Care of: “Delaware Department of Agriculture, 2320 S. Dupont Hwy, DE 19901”
• Preferences Tab: Date of Birth Included with Results: “Yes”
• When the application is finished, click “complete”
• Once the online application is complete, the FBI will send a confirmation email that they have received the grower's application for a Federal Criminal Background Check. A copy must be printed and submitted alone with the Grower's application and site registration.

5. Note that if the grower plans to sell hemp plants, then the grower is required to obtain Delaware Nursery License. This license is available free of charge.

To Apply to be a Processor

1. Complete the 2019 Delaware Hemp Processor Registration Form.
2. Processor must obtain completed fingerprint cards (fees will apply) from a National Background Information approved law enforcement agency located in Delaware.
3. 1. Grower must apply online for an FBI Criminal Background Check
      • Additional guidance on the FBI Criminal Background Check
   2. • The Delaware Department of Agriculture requires one sealed copy of this background check
      • Note that each sealed copy costs $18
   • All information must be filled out
   • Under the Personal Information Tab, the Reason for Needing a Background check is “Personal Review”
   • Under the Mailing Address Tab: Fill in the In Care of Section: In Care of: “Delaware Department of Agriculture, 2320 S. Dupont Hwy, DE 19901”
   • Preferences Tab: Date of Birth Included with Results: “Yes”
   • When the application is finished, click “complete”
   • Once the online application is complete, the FBI will send a confirmation email that they have received the grower's application for a Federal Criminal Background Check. A copy must be printed and submitted alone with the Grower's application and site registration.
   • Processor should have the proper certifications and/or licenses to do business within the State of Delaware and a Federal Employer Identification Number (FEIN). If you still need to complete these tasks, click here to register a business and apply for a Delaware Business License. 

 Contact the attorneys at Leaf Legal, P.C. for assistance with filling out a grower or processor application.