Delaware lawmakers have given final approval to legislation that would create a statewide regulatory system for THC-infused beverages, sending the measure to Governor Matt Meyer for consideration.
House Bill 373 passed the Senate on Tuesday in an 18 to 3 vote before returning to the House, which approved the amended version 38 to 2, with one member not voting. The measure had previously passed the House on June 16 in a 34 to 5 vote.
The proposal, filed by Representative Debra Heffernan (D), would amend Delaware’s alcohol and marijuana laws to regulate the manufacture, distribution and sale of THC-infused beverages. It is cosponsored by Representatives Edward Osienski (D), Nnamdi Chukwuocha (D) and Alonna Berry (D), along with State Senators Daniel Cruce (D), Stephanie Hansen (D) and Raymond Seigfried (D).
Under the bill, infused beverages would be defined as nonalcoholic drinks containing delta-9 extract, with no more than 10 milligrams in a single-serving container, no more than 60 milligrams in a multi-container package and no more than 170 milligrams in a 750 milliliter bottle. The products could not contain alcohol or any THC other than delta-9 extract, though nonintoxicating cannabinoids such as CBD, CBG, CBN and CBC would be allowed.
The measure would allow THC-infused beverages to be sold for off-premises consumption by licensed package stores, commonly known as liquor stores, and retail marijuana stores. Package stores would be required to keep the products in a designated section separate from alcohol, nonalcoholic mixers, marijuana and marijuana products, with signage clearly stating that the beverages contain THC.
House Bill 373 would also allow certain microbreweries to sell infused beverages for off-premises consumption if they meet state requirements, including maintaining a designated storage area, paying required fees, complying with product holding rules and reporting direct-to-consumer sales to the Division of Revenue.
The proposal would impose a tax of $0.50 per single-serving container and $8.50 per 750 milliliter bottle, with revenue credited to the Marijuana Regulation Fund. The tax provisions would take effect February 1, 2027, while the rest of the bill would take effect 90 days after enactment.
The bill includes packaging, labeling, testing and advertising requirements, including a ban on packaging or advertising designed to appeal to children. It would also prohibit third-party delivery, mail delivery and other indirect sales to consumers, though package stores could accept online orders for in-store pickup or curbside delivery.
The measure would increase potential penalties for selling marijuana, marijuana products or infused beverages to someone under 21, allowing fines of up to $10,000 for subsequent violations within a five-year period.
The final version also states that the bill should not be interpreted to prohibit or restrict the manufacture, distribution or sale of hemp products that are not infused beverages, as long as those products comply with applicable state and federal laws.
With final approval from both chambers, House Bill 373 is now ready for action by Governor Meyer.x
