Delaware Governor Signs Bill Regulating THC-Infused Beverages
- Delaware Governor Matt Meyer signed House Bill 373 into law on July 23, establishing statewide regulations for THC-infused beverages, effective October 21, with tax provisions starting February 1, 2027.
- The law permits licensed package stores, retail marijuana stores, and certain authorized microbreweries to sell nonalcoholic THC-infused beverages containing delta-9 THC extracted from hemp, with strict limits on THC content per serving and package.
- Regulations include designated sales sections, clear THC labeling with state-approved symbols, prohibitions on child-appealing packaging and advertising, and bans on third-party and mail delivery, allowing only online orders for in-store or curbside pickup.
- The measure imposes taxes on THC beverages, earmarks revenue for the Marijuana Regulation Fund, and enforces penalties up to $10,000 for selling to minors, passing the Senate 18-3 and the House 38-2.
Delaware Governor Matt Meyer has signed legislation establishing a statewide regulatory system for THC-infused beverages, including rules governing where the products may be sold, how much THC they may contain and how they must be packaged and tested.
House Bill 373 was signed into law on July 23. Most of the measure will take effect October 21, while its tax provisions will begin February 1, 2027.
The law, sponsored by Representative Debra Heffernan (D), allows THC-infused beverages to be sold for off-premises consumption by licensed package stores, commonly known as liquor stores, and retail marijuana stores. Certain licensed microbreweries will also be allowed to manufacture and sell the beverages after receiving state authorization.
Under the new law, infused beverages are defined as nonalcoholic drinks containing delta-9 THC extracted directly from hemp rather than converted or synthesized from other cannabinoids.
Single-serving containers may contain no more than 10 milligrams of delta-9 THC, while packages containing multiple single-serving beverages will be limited to 60 milligrams. The law also allows 750 milliliter bottles containing up to 170 milligrams.
Products may also contain nonintoxicating cannabinoids such as CBD, CBG, CBN and CBC, but they cannot contain alcohol or forms of THC other than qualifying delta-9 extract.
Package stores selling the beverages will be required to place them in a designated section separate from alcoholic drinks, nonalcoholic mixers, marijuana and marijuana products. Signs must clearly state that the beverages contain THC.
The law also establishes testing, labeling, packaging and advertising standards. Packaging and advertisements designed to appeal to children are prohibited, and each container must display a state-approved symbol indicating that the product contains THC and is not legal or safe for those under 21.
Third-party and mail delivery will be prohibited. Package stores may, however, accept online orders for in-store pickup or curbside delivery.
The measure imposes a tax of $0.50 per single-serving container and $8.50 per 750 milliliter bottle, with the revenue directed to the Marijuana Regulation Fund.
Penalties for selling marijuana products or THC-infused beverages to someone under 21 may reach $10,000 for subsequent violations committed within five years.
House Bill 373 passed the Senate in an 18 to 3 vote before the House approved the amended version 38 to 2, with one member not voting.