Delaware Committee Approves Bill to Regulate Hemp-Derived THC-Infused Beverages

House Bill 98 was filed on May 7 and cleared committee today, just six days later. The proposal would allow licensed marijuana product manufacturers and licensed alcohol manufacturers to obtain an “infused beverage endorsement” authorizing them to produce beverages containing up to 10 milligrams of THC per container. Out-of-state manufacturers would also be allowed to ship products into Delaware, but only through licensed warehouses.

Retail sales would be limited to licensed package stores, which must apply for authorization to sell the products. These retailers would be required to store infused beverages on separate shelves from non-THC items and post clear signage indicating the presence of THC. Under the proposed law, any entity that does not obtain an endorsement would not be allowed to produce or sell THC-infused beverages.

All infused beverages would be subject to testing, labeling, and packaging requirements, including child-resistant packaging and warning labels. The bill sets a tax of $1 per container. Selling infused beverages to individuals under 21 would carry a civil fine of up to $10,000 for repeat violations.

The measure now moves to the full House of Representatives for further consideration.