A bill filed today in the Delaware House would place hemp-derived THC products under the state’s marijuana regulatory system, requiring products above a set THC threshold to be sold only through licensed marijuana stores.

House Bill 395 was filed by State Representative Nnamdi Chukwuocha (D), with State Senator Darius Brown (D), State Representative Edward Osienski (D), State Representative Debra Heffernan (D) and State Representative Alonna Berry (D) signed on as sponsors. The measure was assigned to the House Economic Development/Banking/Insurance and Commerce Committee.

The proposal would revise Delaware law so that industrial hemp is measured by total THC, rather than only delta-9 THC. Under the bill, a marijuana product would include any product intended to be ingested, inhaled, absorbed or otherwise introduced into the body that contains more than 0.4 milligrams of total THC per container. The bill specifies that, for multipacks and similar products, the limit would apply to the combined THC content of the full package.

HB 395 would also define THC broadly to include delta-7, delta-8, delta-9 and delta-10 THC, along with salts, isomers and related compounds. It would create a new offense for maintaining an unlicensed marijuana establishment, applying to businesses that facilitate the sale, storage, delivery, distribution or cultivation of marijuana products without a valid Delaware marijuana license or endorsement.

Most violations would be a Class A misdemeanor, but the offense would rise to a Class G felony if the business is within 1,000 feet of a school, daycare or public park, operates by mail or without a storefront, involves individuals under 21, or has a prior violation within five years.

The bill would also make selling or providing marijuana or marijuana products to someone under 21 a Class B misdemeanor, while preserving an affirmative defense if the person presented identification that reasonably appeared to show they were 21 or older.

Proponents of the legislation say that it is not intended to criminalize lawful industrial hemp, but rather to address unregulated intoxicating THC products being sold outside Delaware’s licensed marijuana system.