Delaware House Committee Advances Bill to Regulate Intoxicating Hemp Products Through Licensed Marijuana Market
- The Delaware House Health & Human Development Committee advanced House Bill 395, which would regulate hemp-derived THC products under the state's marijuana system.
- The bill broadens the definition of THC to include delta-7, delta-8, delta-9, delta-10, and related compounds, regulating products with more than 0.4 mg of total THC per container, including multipacks.
- HB 395 creates offenses for operating unlicensed marijuana establishments, with penalties ranging from Class A misdemeanors to Class G felonies depending on circumstances such as proximity to schools or involvement of minors.
- Supporters emphasize the bill targets unregulated intoxicating hemp products, not lawful industrial hemp, aiming to bring these products under Delaware’s licensed marijuana market.
A Delaware bill that would place hemp-derived THC products under the state’s marijuana regulatory system advanced out of a House committee yesterday, May 14.
House Bill 395 was reported out of the House Health & Human Development Committee with three favorable votes and six members voting on its merits. The measure is now eligible for further consideration in the House.
The bill 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 proposal would revise Delaware law so that industrial hemp is measured by total THC, rather than only delta-9 THC. Under HB 395, 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. For multipacks and similar products, the limit would apply to the combined THC content of the full package.
The bill would define THC broadly to include delta-7, delta-8, delta-9 and delta-10 THC, along with salts, isomers and related compounds. By doing so, the measure would bring many intoxicating hemp products currently sold outside the licensed marijuana market under Delaware’s marijuana laws.
HB 395 would also 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.
Supporters of the proposal say the bill is not intended to criminalize lawful industrial hemp, but to address unregulated intoxicating THC products being sold outside Delaware’s licensed marijuana system.