The Delaware House of Representatives voted 35 to 4 Tuesday to approve legislation that would bring certain hemp-derived THC products under the state’s marijuana regulatory system.

House Bill 395, sponsored by Rep. Berry, has been assigned to the Senate Health & Social Services Committee for further consideration.

The proposal would amend Delaware law to define “marijuana products” as products intended for consumption that contain more than 0.4 milligrams of total THC per container, including products with naturally occurring, synthetic or chemically modified cannabinoids. The measure specifies that THC includes delta-7, delta-8, delta-9 and delta-10 THC, as well as similar compounds, regardless of source.

The bill would also clarify that industrial hemp remains legal if it contains no more than 0.3% total THC on a dry weight basis. It would exclude federally compliant hemp products being transported through Delaware and certain FDA-approved cannabinoid medications.

According to the bill’s synopsis, Delaware lawmakers are seeking to close loopholes that have allowed intoxicating THC products to be sold outside the state’s marijuana regulatory framework. Supporters argue that some products containing high levels of THC are being sold without age restrictions, product testing, potency limits or consumer protections.

The legislation would prohibit unlicensed businesses from cultivating, storing, selling, distributing or delivering marijuana products, including products containing counterfeit THC ingredients or designer drugs. Violations would generally be treated as a Class A misdemeanor, but could rise to a Class G felony if the business is located within 1,000 feet of a school, daycare center or public park, operates by mail or delivery, involves people under 21, or has a prior violation within five years.

The measure would also make it a Class B misdemeanor to knowingly sell or provide marijuana or marijuana products to a minor, unless the individual is a qualifying patient or registered caregiver under Delaware’s medical marijuana program.

HB 395 would give the Delaware Marijuana Commissioner authority to adopt rules governing allowable ingredients and the time, place and manner in which marijuana and marijuana products may be sold or dispensed.

The bill now heads to the Senate, where it will need committee approval before it can receive a full floor vote.