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SPONSOR: Rep. Heffernan & Rep. Osienski & Rep. Chukwuocha &
Sen. Cruce
Rep. Berry; Sens. Hansen, Seigfried
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 373
AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND
MARIJUANA.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members
elected to each house thereof concurring therein):
1 Section 1. Amend Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as
2 shown by underline as follows and by redesignating accordingly:
3 § 101. Definitions.
4 As used in this title, in addition to their usual meaning:
5 (24) “Import” means the transporting or ordering or arranging for the transportation or shipment of alcoholic
6 liquor or infused beverages into the State whether by a resident of the State or otherwise.
7 (25) a. “Importer” or “distributor” or “wholesaler” means the person a person, whether the person is a resident
8 of this State or not, transporting alcoholic liquors, or ordering, authorizing authorizing, or arranging the transportation
9 or shipment of alcoholic liquors or infused beverages into this State, whether the person is a resident or citizen of this
10 State or not, said the person being permitted to sell said the alcoholic liquors or infused beverages only to those persons
11 licensed to resell alcoholic liquors; provided, however, that nothing liquors or infused beverages.
12 b. Nothing contained in this definition shall may be construed as prohibiting an importer from selling
13 such the alcoholic liquors or infused beverages to either an active owner of that business importer for that person’s
14 owner’s use and not for resale or to a full-time, bona fide employee of that business importer for that person’s
15 employee’s use and not for resale; and provided further, that nothing resale.
16 c. Nothing contained in this definition shall may be construed as prohibiting an importer from selling beer
17 in “half-barrel” or “quarter-barrel” “half-barrel”, “quarter-barrel”, or “sixtel” containers to the holders of a
18 personal license. license to resell alcoholic liquor.
19 d. The Commissioner may enact such rules regulating the sale of alcoholic liquor liquors or infused
20 beverages to active owners and employees of licensed importers as it the Commissioner deems necessary.
21 ( ) “Infused beverage” means as defined in § 1302 of this title.
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22 (27) ( ) “Manufacture” means distill, rectify, ferment, brew, make, mix, concoct or process any substance or
23 substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes
24 blending, bottling or other preparation for sale. sale, or any substance or substances capable of producing an infused
25 beverage as defined under § 1302 of this title.
26 (28) ( ) “Manufacturer” means any person engaged in the manufacture of any alcoholic liquor or infused
27 beverage and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a bottler or one who
28 prepares alcoholic liquor or infused beverages for sale. No person licensed under this title may manufacture, whether
29 or not the manufacturing occurs in this State, any infused beverage that is intended to be sold or offered for sale in this
30 State unless the person holds an infused beverage endorsement under § 1335E of this title.
31 ( ) “Package store” or “store” means a store that sells alcoholic liquors for off-premises consumption that is
32 not a grocery store, convenience store, drug store, hotel, restaurant, club, delicatessen, tobacco retailer, or cigar store. A
33 package store licensed under this title with an infused beverage permit may also sell infused beverages for off-premises
34 consumption.
35 (41) “Retailer” means the person permitted to sell alcoholic liquors in a store in the State, not for consumption
36 on the premises.
37 ( ) “Supplier” means an out-of-state manufacturer licensed by the federal government, or an entity licensed by
38 the federal government as an importer, that acts as an agent on behalf of a manufacturer by facilitating sales between
39 the manufacturer and a Delaware licensed importer.
40 § 403. Duties and powers of the Division.
41 The Division shall:
42 (1) Investigate, prevent prevent, and arrest for violations of this title, make seizure of alcoholic liquor, liquor
43 and infused beverages manufactured, sold, kept kept, or transported in contravention thereof, and confiscate such
44 alcoholic liquor and infused beverages whenever required by any provision of this title.
45 (2) Arrange for the proper sampling, testing and analyzing of alcoholic liquor and infused beverages offered
46 for sale in this State upon receipt of a complaint regarding health by entering into an agreement with the Director of
47 Forensic Science Laboratories the Public Health Laboratory of the Department of Health and Social Services to test
48 alcoholic liquor product and infused beverage product when requested by the Division. This subsection does not apply
49 to home breweries.
50 (4) Investigate, prevent, and arrest for violations of this title; seize infused beverages and marijuana, including
51 marijuana products and accessories that are manufactured, sold, kept, or transported in contravention thereof; and
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52 confiscate such infused beverages and marijuana, including marijuana products and accessories, whenever required by
53 any provision of this title.
54 § 501. Supplier and representative licenses; importer, wholesaler, and distributor delivery and storage at in-state
55 warehouse.
56 (d) Persons licensed by the Commissioner as suppliers pursuant to under this section and persons who manufacture
57 infused beverages under this title shall be may be authorized only to sell, ship ship, or deliver alcoholic liquors to licensed
58 Delaware importers or manufacturers, and persons with an infused beverage endorsement under § 1335E of this title to sell,
59 ship, and deliver infused beverages may also be authorized to sell, ship, or deliver infused beverages only to licensed
60 Delaware importers. Persons licensed by the Commissioner as sales representatives pursuant to under this section shall may
61 be authorized only to solicit orders, on behalf of licensed Delaware importers or manufacturers, from persons licensed by
62 the Commissioner to sell alcoholic liquors.
63 (f) No (1) A person may not import into this State any alcoholic liquor or infused beverage into this State unless it
64 the alcoholic liquor or infused beverage is delivered directly to a licensed warehouse or warehouses in Delaware in this
65 State owned, leased leased, or operated by a licensed Delaware importer importer, wholesaler, or distributor and is
66 unloaded and physically stored in said warehouse or warehouses. the warehouse.
67 (2) An importer licensed as a supplier by the Commissioner must deliver alcoholic liquors directly to a
68 licensed warehouse in Delaware owned, leased, or operated by a licensed Delaware importer, wholesaler, or distributor
69 to be unloaded and physically stored in the warehouse.
70 § 512C. Microbreweries; license; alternating premises.
71 (g) Any microbrewery or brewery licensed by the Commissioner to manufacture beer, fermented beverages, mead,
72 or cider in this State may provide samples of the beer, fermented beverages, mead, or cider manufactured at the licensed
73 premises in a manner approved by the Commissioner.
74 (j) Any microbrewery licensed by the Commissioner to manufacture beer under this section may sell infused
75 beverages for off-premises consumption if the following requirements are met:
76 (1) The microbrewery maintains a designated location on its floor plan to store its own infused beverages
77 produced at the licensee’s approved premises.
78 (2) The microbrewery pays the following fees:
79 a. A $100 filing fee to request off-premises sales of infused beverages.
80 b. A $100 inspection fee for a floor plan.
81 c. A $200 biennial fee for limited off-premises sales of infused beverages.
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82 (3) The microbrewery complies with the product “at-rest” requirement under § 1335G of this title.
83 (4) The microbrewery provides documentation as may be required by the Commissioner, including written
84 landlord approval and a floor plan for the licensed premises that complies with this section.
85 (5) The microbrewery reports to the Division of Revenue, under § 581A of this title, all sales of infused
86 beverages that were sold directly to consumers.
87 (6) The microbrewery’s designated importer or wholesaler includes infused beverages in its monthly price list
88 that will be available for distribution to package stores or retail marijuana stores.
89 (k) Failure to comply with this section and any other provision of the Delaware Liquor Control Act, Marijuana
90 Control Act, or regulations promulgated under this title may result in a fine or in a suspension or revocation of the
91 authorization for off-premises sales of infused beverages.
92 § 516. Consumption off premises of hotel, restaurant, club, store or taproom. a package store, restaurant, or
93 taproom.
94 (a) (1) a. Any person in charge of a hotel, restaurant, club or store (other than a grocery, delicatessen or cigar
95 store), package store, whether owner, lessee lessee, or manager, and recognized as such by the Commissioner, may apply to
96 the Commissioner for a license to purchase from an importer and to keep and sell and deliver on the premises only spirits,
97 wine wine, or beer by the bottle, half bottle, keg, half keg, quarter keg, or sixtel, but not for consumption on the premises
98 where sold, or in any dependency thereof.
99 b. All vessels so sold shall must be delivered to the purchaser and shall must be removed from the
100 premises where sold with the seals of such the vessels unbroken, with the exception of those licenses that are
101 unless a license is approved by the Commissioner for a growler filler permit which permit. A growler filler permit
102 allows a licensee to purchase beer by the keg or partial keg and fill containers at time of purchase which will then
103 be capped to leave the licensed premises for consumption off of the premises.
104 c. For purposes of issuing a new license under this section, all establishments licensed for the sale of
105 alcoholic liquors, but not for consumption on the premises where sold, shall be are considered as being of the same
106 type; provided, however, this shall type. This paragraph does not apply to the transfer of ownership or the renewal
107 of an existing license.
108 d. A package store licensed under this section must request a permit in the form and manner prescribed by
109 the Commissioner to purchase from an importer and to keep, sell, and deliver on the premises infused beverages,
110 but not for consumption on the premises where sold.
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111 e. Any infused beverages offered for sale must be in a designated section of the store that is separate and
112 apart from alcohol liquors and non-alcoholic mixers, with clear signage that states the products contain THC. All
113 infused beverages must be delivered to the purchaser and removed from the premises where sold with the seals of
114 the infused beverage containers unbroken.
115 (2) Any A person in charge of a store (other than a grocery, delicatessen or cigar store), package store,
116 whether owner, lessee, or manager, and recognized as such by the Commissioner with a valid license for consumption
117 off premises issued pursuant to under this section may sell spirits, wine or beer wine, beer, or infused beverages
118 pursuant to under paragraph (a)(1) of this section for curbside service. Any An entity with a valid off premise off-
119 premise license pursuant to §§ under § 512A through § 512E of this title may sell alcoholic liquor pursuant to its
120 license for curbside service. service under the entity’s off-premise license. All sales for curbside service must do all of
121 the following:
122 (c) No A person in charge of a taproom, restaurant, or club, whether as owner, lessee, manager manager, or
123 otherwise, may not apply for a license to sell alcoholic liquors for consumption off the premises where sold, and the
124 Commissioner shall may not issue such a license for use in a taproom. taproom, restaurant, or club, except as follows:
125 (1) Provided, however, that any A person issued a license which that authorizes the person to sell alcoholic
126 liquors in a taproom for consumption off the premises prior to July 6, 1983, shall be is permitted to retain said license,
127 unless revoked by the Commissioner pursuant to this title; under this title.
128 (2) and provided further, that any A person issued a license which that authorizes the person to sell alcoholic
129 liquors in a taproom for consumption off the premises prior to July 6, 1983, shall be permitted to may transfer said the
130 license with the approval of the Commissioner as provided in § 571 of this title.
131 (3) A person issued a license that authorizes the person to sell alcoholic liquors in a club or restaurant for
132 consumption off-premises prior to [the effective date of this Act] may retain or transfer the license, unless revoked by
133 the Commissioner under this title.
134 § 525. Spirits, wine and beer tasting.
135 A license to permit spirits, wine wine, and beer tasting may be granted by the Commissioner to any person holding
136 a package store license under this title as a retailer. title. Spirits, wine wine, and beer tasting may take place only in a
137 separate portion of a licensee’s premises where alcoholic beverages and infused beverages are not sold. The separate
138 portion of the premises shall must be an area designated for spirits, wine wine, and beer tasting by the Commissioner. No
139 charge may be made for the spirits, wine wine, and beer tasting.
140 § 546. Limit on number of retail package store licenses.
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141 (a) (1) The General Assembly finds that, in order for the Delaware Alcoholic Beverage Control Commissioner to
142 maintain effective control of the importation, distribution distribution, and sale of alcoholic liquor into and within this State,
143 and in order to prevent geographical price fixing of alcoholic liquor at the retail level, there shall must be a limitation
144 placed on the number of retail package store licenses issued, held, controlled controlled, or acquired directly or indirectly
145 by 1 person.
146 (2) The General Assembly further finds that a limitation on the number of retail package store licenses held by
147 1 person is necessary to ensure a stable system for the lawful distribution of alcoholic liquor, serve the public need and
148 convenience convenience, and prevent the public harm associated with a monopoly of the retail alcoholic liquor trade
149 by any person or group of persons, whether such licenses are held by a corporation, partnership, association,
150 proprietorship, individual individual, or other entity.
151 (3) The General Assembly further finds that a reasonable restriction on the number of retail package store
152 licenses held by 1 person will further the State’s interest in maintaining a 3-tier system for the importation, distribution
153 and sale of alcoholic liquor by minimizing or limiting absentee ownership and the domination of retail establishments
154 package stores by suppliers, manufacturers, importers importers, or other economically powerful interests.
155 (4) Therefore, it is declared to be the public policy of this State that limitations, as hereinafter specified,
156 specified in this section, be placed on the number of retail package store licenses that any a person may at 1 time hold,
157 directly or indirectly, and that the Commissioner shall actively supervise and enforce these limitations.
158 (b) (1) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any restaurant, taproom,
159 hotel, store package store, or other establishment for consumption off the premises where sold if the Commissioner has
160 substantial evidence that would reasonably support a belief that the applicant, or applicant; any of the applicant’s directors,
161 officers or shareholders, shareholders; or any of the applicant’s partners, corporations, proprietorships proprietorships, or
162 other legal entities engaged in any undertaking, industry industry, or business is singularly, or in combination with the
163 applicant, the holder of 2 or more retail package store licenses, or has any financial, pecuniary, beneficial, management,
164 supervisory supervisory, or other interest whatsoever, direct or indirect, and however small, in 2 or more retail licenses;
165 provided, however, that nothing herein shall require package store licenses.
166 (2) Nothing in this section requires any person who, prior to April 1, 1992, acquired an interest in more than 2
167 retail package store licenses to surrender, dispose of, or release their the person’s interest in any such license; nor shall
168 anything herein affect such the package store licenses and nothing in this section affects the person’s right to continue
169 to hold, use use, and renew any such license.
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170 (c) (1) For the purposes of this section, a person shall be is deemed to acquire a financial, pecuniary, beneficial,
171 management, supervisory supervisory, or other interest in a retail package store license to purchase and re-sell resell or
172 dispense alcoholic liquor if such the person or person’s spouse or child under 21 years of age has either (i) any 1 or more of
173 the following:
174 a. Any interest whatsoever, direct or indirect, and however small, as a director, officer, shareholder,
175 partner, associate, employee employee, or member in any corporation, partnership, association, proprietorship
176 proprietorship, or other entity engaged in any undertaking, industry industry, or business which that holds a retail
177 package store license pursuant to under this chapter, or (ii) any chapter.
178 b. Any authority whatsoever to supervise, manage, control control, or direct the operation of the
179 licensee’s business, or business; to hire, terminate terminate, or discipline its employees, the licensee’s employees;
180 or to issue any orders, policies policies, or directives concerning its business; provided, however, that any the
181 licensee’s business.
182 (2) Any person whose relationship with the licensee is, as determined by the Commissioner, merely that of a
183 bona fide lender, lending institution, secured party secured party, or lienholder, or merely that of a bona fide landlord
184 or lessor of real or personal property, shall not, for the purposes of this section, be is not deemed to acquire a financial,
185 pecuniary, beneficial, management, supervisory supervisory, or other interest in such the package store license.
186 § 581A. Rate of tax for infused beverages; administration and reporting.
187 (a) An importer holding an endorsement to sell and transport infused beverages to package stores or retail
188 marijuana stores in this State must pay a tax upon the sale of infused beverages at the rate set forth in subsection (c) of this
189 section.
190 (b) A microbrewery or marijuana product manufacturing facility holding an endorsement under this title to
191 manufacture infused beverages must pay a tax upon the sale of infused beverages sold for off-premises consumption at the
192 rate set forth in subsection (c) of this section. This subsection does not apply to sales of infused beverages to an importer by
193 a microbrewery or marijuana product manufacturing facility holding an endorsement under this title to manufacture infused
194 beverages.
195 (c) The tax payable for infused beverages is $0.50 per infused beverage container.
196 (d) A licensed importer, microbrewery, or marijuana product manufacturing facility required to pay the tax under
197 this section must file a monthly report with the Division of Revenue in the form required by the Director of the Division of
198 Revenue and must provide additional information as the Director of the Division of Revenue may require.
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199 (e) A licensed importer, microbrewery, or marijuana product manufacturing facility required to pay the tax under
200 this section must pay the tax in the form and manner prescribed by the Director of the Division of Revenue, but no later
201 than at the time the importer or manufacturer is required to file the monthly report.
202 (f) Except to the extent inconsistent with specific provisions of this title, the provisions of Chapter 5 of Title 30
203 govern the assessment, collection, review, and appeal of deficiencies of taxes imposed by this title, any interest and
204 penalties thereon, and claims for refund of overpayment of taxes imposed by this title.
205 (g) All infused beverage tax money received by the Division of Revenue under this section must be deposited in
206 accordance with § 6103(a) of Title 29 and credited to the Marijuana Regulation Fund.
207 (h) Any information set forth or disclosed in any report or return required under or as a result of this section,
208 including any information that is required to be attached or included on any report or return required under or as a result of
209 this section, is subject to the provisions of § 368 of Title 30. Notwithstanding the foregoing or any other law of this State to
210 the contrary, any information set forth or disclosed in any report or return required under or as a result of this section may
211 be shared by the Division of Revenue with the Office of the Alcoholic Beverage Control Commissioner and the Office of
212 the Marijuana Commissioner for the purpose of enforcement under this title, and the licensee or holder of the endorsement
213 is deemed to consent to such disclosure at the time the licensee or holder of the endorsement submits the report or return.
214 § 708. Prohibition of sales to certain persons.
215 (a) No A person or licensee shall may not sell any alcoholic liquor or any infused beverage to any: any of the
216 following:
217 (1) Individual An individual who has not reached the age of 21 years, except that in years. In any prosecution
218 for an offense under this paragraph (a)(1) of this section it shall be is an affirmative defense that the individual, who
219 has not reached the age of 21 years, presented to the accused identification, with a photograph of such the individual
220 affixed thereon, which on the identification, and the identification sets forth information which that would lead a
221 reasonable person to believe such the individual was 21 years of age or older; older.
222 (2) Person A person to whom such sale is prohibited; prohibited.
223 (3) Individual who habitually drinks alcoholic liquor to excess, or to whom the Commissioner and/or Division
224 has, after investigation, decided to prohibit the sale of such liquor because of an appeal to the Commissioner and/or
225 Division by the husband, wife, father, mother, brother, sister, employer or other person depending upon, employing or
226 in charge of such individual, or by the mayor or other competent representative of any city, town, or other incorporated
227 place; the interdiction in such case shall last until removed by the Commissioner and/or Division.
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228 § 709. Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del. Laws,
229 c. 193, § 5].
230 (a) No entity licensed pursuant to under § 501 of this title or importer shall sell or deliver alcoholic liquor or
231 infused beverages on Sundays, Thanksgiving, Easter or Christmas or at hours other than those prescribed by the rules or
232 regulations of the Commissioner, except as subsection (f) of this section may apply. An importer may receive and process
233 orders on any day, including Sundays and holidays.
234 § 709. Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws,
235 c. 193, § 5].
236 (a) No entity licensed pursuant to under § 501 of this title or importer shall sell or deliver alcoholic liquor or
237 infused beverages on Sundays, Thanksgiving, Easter or Christmas or at hours other than those prescribed by the rules or
238 regulations of the Commissioner, except as subsection (f) of this section may apply. An importer may receive and process
239 orders on any day, including Sundays and holidays.
240 § 903. Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine.
241 (a) Whoever: An individual who does any of the following is subject to a fine of not less than $100, in addition to
242 the payment of costs:
243 (1) Being the holder of a license, sells beer to which wine, spirits or alcohol has been added; or sells wine to
244 which spirits or alcohol has been added, other than an addition of spirits or alcohol to render possible transportation or
245 to secure the customary fortifying thereof; or sells any alcoholic liquor to which has been added any adulterating or
246 deleterious substances or liquid; or liquid.
247 (2) Being the holder of a license, sells any alcoholic liquor in any place, or in any manner, or in any quantity
248 other than as authorized by the license; or license.
249 (3) Being the holder of a license to sell spirits, wine or beer in a dining room or bedroom, has not furnished,
250 fitted, or equipped such dining room or bedroom in the manner or to the extent indicated by the Commissioner and/or
251 Division; or or Division.
252 (4) Being the holder of a license to sell spirits, wine or beer, as the case may be, does not comply with any
253 requirement or provision of §§ 512-520 or 706 of this title; or title.
254 (5) Being the holder of a license, sells any alcoholic liquor which the holder is authorized by the license to
255 sell, at any time forbidden by § 709 of this title; or title.
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256 (6) Being the holder of a license, knowingly sells to any of the persons mentioned in § 708 of this title after
257 notice sent to such person by the Commission in compliance with the provisions of said section, any alcoholic liquor,
258 the sale of which is authorized by the license; or [Repealed.]
259 (7) Being the holder of a license to sell alcoholic liquor in a store, allows any alcoholic liquor sold therein to
260 be drunk in such store or its dependencies, either by the purchaser or by any other person; or person.
261 (8) Being the holder of a license to sell alcoholic liquor in the dining room of any hotel, restaurant, club or
262 steamboat, or in a dining car, does not keep the license constantly posted conspicuously in view of the public in such
263 dining room or dining car; or car.
264 (9) Being the holder of a license, keeps or transports any alcoholic liquor in contravention of this title; or title.
265 (10) Having acquired for the purpose of resale any liquid or solid containing alcoholic liquor, sells it as a
266 medicine or preparation after having been notified by the Commissioner and/or or Division in accordance with § 725
267 of this title; or title.
268 (11) Not being the holder of a license, leads the public or travellers to believe, by means of signs, inscriptions,
269 advertisements, or circulars that license holder is authorized to sell alcoholic liquor; or liquor.
270 (12) Buys or receives any alcoholic liquor from any person not authorized to sell such variety of alcoholic
271 liquor or keeps such alcoholic liquor in the person’s possession; or possession.
272 (13) Obtains, even gratuitously, during the time when the sale thereof is forbidden, any alcoholic liquor from
273 any holder of a license for the sale thereof; or thereof.
274 (14) Causes any disturbance in any place or brings thereinto or drinks therein any alcoholic liquor prohibited
275 therein; or therein.
276 (15) Buys, for any remuneration whatsoever, any alcoholic liquors for another person; or person.
277 (16) Being the holder of a license to sell alcoholic liquor, fails to post in a conspicuous place a sign which
278 clearly reads, “According to the Surgeon General, women should not drink alcoholic beverages during pregnancy
279 because of the risk of birth defects;” or defects.”
280 (17) Manufactures, distributes, sells, offers for sale, possesses, purchases, or uses a powdered alcoholic
281 beverage, beverage.
282 (b) shall, in addition to the payment of costs, be fined not more than $100, and, on failure to pay such fine and
283 costs, shall be imprisoned If an individual fails to pay fines and costs assessed under subsection (a) of this section, the
284 individual is subject to imprisonment for 30 days.
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285 (c) Justices of the peace shall Peace have original jurisdiction to hear, try, and finally determine alleged violations
286 of this section.
287 § 1302. Definitions.
288 As used in this chapter:
289 ( ) “Cannabinoids” means naturally occurring chemical compounds found in the Cannabis sativa L. plant,
290 including, but not limited to, cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), tetrahydrocannabinol
291 (THC), and their respective acids.
292 ( ) “CBD” means cannabidiol, a non-intoxicating cannabinoid abundant in hemp and marijuana.
293 (5) ( ) “Consumer” means an individual 21 years of age or older who purchases marijuana, marijuana
294 products, or marijuana accessories accessories, or infused beverages for personal use by the individual or other
295 individuals 21 years of age or older, but not for resale to others.
296 ( ) “Delta-9 extract” means the THC that comes directly from an extracted oil or a concentrate of delta-9
297 tetrahydrocannabinol produced in compliance with the United States Department of Agriculture United States
298 Domestic Hemp Production Program that is intended for manufacturing, human ingestion, inhalation, or other internal
299 consumption, and not converted or synthesized from other cannabinoids.
300 ( ) “Infused beverage” means a beverage intended for human consumption that meets the following criteria:
301 a. The beverage does not contain alcoholic liquor as defined in § 101 of this title.
302 b. The beverage is not infused with any THC other than Delta-9 extract.
303 c. The beverage contains, or is advertised, labeled, or offered for sale as containing, total Delta-9 extract
304 that does not exceed 10 milligrams per infused beverage container.
305 ( ) “Infused beverage container” means a single-serving beverage with no less than 12 ounces that contains, or
306 is advertised, labeled, or offered for sale as containing, total Delta-9 extract that does not exceed 10 milligrams.
307 ( ) “Infused beverage endorsement” means a special permit required to manufacture, prepare, package, and
308 deliver infused beverages to a package store or retail marijuana store for off-premises consumption, but not to
309 consumers.
310 (19) ( ) “Marijuana products” means products that are comprised of marijuana, including concentrated
311 marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and
312 tinctures. tinctures, and transdermal patches, but does not include infused beverages.
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313 ( ) “Nonintoxicating cannabinoid” means a cannabinoid that is classified as a nonintoxicating cannabinoid in
314 this title or by rule of the Commissioner. Cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and
315 cannabichromene (CBC) are nonintoxicating cannabinoids.
316 (28) ( ) “Retail marijuana store” means an entity licensed to purchase marijuana from marijuana cultivation
317 facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; to purchase
318 infused beverages from an importer licensed under this title; and to sell marijuana and marijuana products marijuana,
319 marijuana products, and infused beverages to consumers.
320 ( ) “THC” means tetrahydrocannabinol, and includes delta-7-tetrahydrocannabinol, delta-8-
321 tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, an intoxicating cannabinoid, or any
322 material, compound, mixture, or preparation that contains their salts, isomers, and salts of isomers, whenever the
323 existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, regardless of
324 the source, except the following:
325 a. Dronabinol substituted in sesame oil and encapsulated in a soft gelatin capsule in a product approved
326 by the federal Food and Drug Administration or successor agency.
327 b. Any tetrahydrocannabinol product that has been approved by the federal Food and Drug
328 Administration or successor agency to have a medical use and reclassified in any schedule of controlled substances
329 or unscheduled by the federal Drug Enforcement Administration or successor agency.
330 ( ) “Total THC” means the sum of the percentage by weight of tetrahydrocannabinolic acid, multiplied by
331 0.877, plus the percentage of weight of THC.
332 § 1305. Driving under the influence prohibited.
333 Nothing in this chapter is intended to allow driving under the influence of marijuana marijuana, marijuana
334 products, or infused beverages, or to allow driving while impaired by marijuana marijuana, marijuana products, or infused
335 beverages. Nothing in this chapter is intended or to supersede laws related to driving under the influence of marijuana
336 marijuana, marijuana products, or infused beverages, or to supersede laws related to driving while impaired by marijuana.
337 marijuana, marijuana products, or infused beverages. This chapter is not intended to prevent the State from enacting and
338 imposing penalties for driving under the influence of or while impaired by marijuana. by marijuana, marijuana products, or
339 infused beverages.
340 § 1306. Individuals under age 21; prohibitions.
341 (a) Nothing in this chapter is intended to permit the transfer of marijuana, marijuana products, or infused
342 beverages, with or without remuneration, to an individual under the age of 21 or to allow an individual under the age of 21
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343 to purchase, possess, use, transport, or consume marijuana. marijuana, marijuana products, or infused beverages. Nothing in
344 this subsection prohibits a package store from employing a person who has reached the age of 18 years under such
345 conditions as the Alcoholic Beverage Control Commissioner may prescribe by rule or regulation.
346 § 1309. Lawful operation of marijuana-related marijuana establishments.
347 (b) (1) An entity licensed under this chapter may not sell or deliver marijuana or marijuana products on
348 Thanksgiving, Easter, or Christmas or at hours other than those prescribed by the rules or regulations of the Commissioner.
349 (2) A holder of license for a retail marijuana store may not sell or deliver marijuana or marijuana products
350 marijuana, marijuana products, or infused beverages on Thanksgiving, Easter, or Christmas or between the hours of
351 10:00 p.m. and 9:00 a.m. on Mondays through Saturdays, and on Sundays before noon or after 8:00 p.m. Any
352 municipality with a population of 50,000 or more may limit sales under this subsection within the boundaries of the
353 municipality to a maximum of 4 hours on Sundays as established by ordinance of the municipality. The closing hours
354 for days of the week other than Sunday may be made earlier in any municipality having a population of 50,000 or more
355 persons, by ordinance of the municipality; provided, however, that such ordinance be consistent with the Delaware and
356 federal constitutions and must treat all businesses fairly. During the months of October through December, a holder of
357 a license for a retail marijuana store may have sales take place beginning at 8:00 a.m. on Fridays through Saturdays and
358 10:00 a.m. on Sundays.
359 (4) Any holder of a license for a retail marijuana store who wishes to sell infused beverages on Sundays must
360 pay a biennial license fee of $500 to the Commissioner for the issuance of a special endorsement to sell infused
361 beverages on Sundays, which is in addition to any other license or endorsement fees that may be required of the holder.
362 § 1309A. Lawful sale of infused beverages.
363 (a) No infused beverage may be sold or offered for sale in this State unless all of the following apply:
364 (1) The infused beverage is sold or offered for sale to consumers for off-premises consumption by a licensed
365 package store or retail marijuana store.
366 (2) The infused beverage contains, or is advertised, labeled, or offered for sale as containing Delta-9 extract
367 that does not exceed 10 milligrams per infused beverage container, with no more than 60 milligrams of Delta-9 extract
368 in a multi-container package.
369 (3) The infused beverage does not contain alcoholic liquors.
370 (4) The infused beverage does not contain any THC other than Delta-9 extract or non-intoxicating
371 cannabinoids.
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372 (5) The infused beverage meets all packaging, labeling, advertising, product testing, sampling, and safety
373 standards for infused beverages established in the regulations adopted under this chapter and in the State of Delaware
374 Food Code, Regulation 4458 of Title 16 of the Delaware Administrative Code, or any successor regulation, and
375 provided that:
376 a. No infused beverage may be sold or offered for sale to any consumer in this State by third-party
377 delivery or by way of any indirect means, including by mail, telephonic, or electronic means, except that a package
378 store may accept and fulfill orders placed electronically through the store’s webpage or other electronic application
379 for infused beverages to be picked up in-store or for curbside delivery.
380 b. No infused beverage sold or offered for sale in this state may be packaged, labeled, or advertised in any
381 manner designed to make the product appealing to children.
382 c. Each infused beverage container sold or offered for sale in this State must prominently display a
383 symbol, in a size and format approved by the Commissioner by regulation, that indicates that the infused beverage
384 contains THC and is not legal or safe for individuals younger than 21 years of age.
385 (6) The infused beverage is sold in a container that is securely sealed by the manufacturer and is designed to
386 prevent consumption without removal of the seal.
387 (7) The infused beverage is stored separately from alcoholic liquors or marijuana products and is offered for
388 sale in a designated section of the store, separate and apart from alcoholic liquors, non-alcoholic mixers, marijuana,
389 and marijuana products, with clear signage that states the products contain THC.
390 (b) No supplier, importer, manufacturer, marijuana establishment, package store, or agent or employee of a
391 supplier, importer, manufacturer, marijuana establishment, or package store may gift or transfer an infused beverage to a
392 consumer, at no cost to the consumer, as part of a commercial transaction.
393 (c) The Alcoholic Beverage Control Commissioner and the Marijuana Commissioner may each summarily fine,
394 suspend, revoke, or cancel any license or endorsement the Office of Alcoholic Beverage Control Commissioner or the
395 Office of the Marijuana Commissioner has issued to any person who violates any provision of this section.
396 (d) A violation of this section shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of
397 Subchapter II of Chapter 25 of Title 6.
398 § 1310. Enforcement.
399 (c) The Division of Alcohol and Tobacco Enforcement shall conduct administrative inspections related to the
400 production, storage, processing, handling, preparation, sanitation, safety standards, and labeling of marijuana products and
401 infused beverages to determine compliance with Title 16 and the State of Delaware Food Code, 16 Del. Admin. Code 4458,
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402 or any successor regulation. Administrative inspections may take place at any time a licensee, employee of the licensee, or
403 customer is on the licensed premise. A violation of Title 16 or the State of Delaware Food Code found during an
404 administrative inspection under this section is a violation of this title.
405 § 1312. Verifying the age of marijuana consumers.
406 (a) Whoever sells any marijuana marijuana, marijuana product, or infused beverage to a person who has not
407 reached the age of 21 years, or sells to any person of more than such age any marijuana marijuana, marijuana product, or
408 infused beverage knowing that such marijuana marijuana, marijuana product, or infused beverage is bought for a person
409 who is less than 21 years of age shall be subject to a civil penalty not less than $250 nor more than $500. $500 for a first
410 violation. For each subsequent violation within a 5-year period, a civil penalty of up to $10,000 may be imposed at the
411 discretion of the Commissioner.
412 (c) Nothing in this chapter limits the sale of marijuana or marijuana products to an individual under 21 years of
413 age who is a registered qualifying patient or a registered designated caregiver under Chapter 49A of Title 16.
414 § 1322. Duties and powers of the Commissioner.
415 (a) The Commissioner, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, shall do all
416 of the following:
417 (15) Establish rules and regulations for the effective control of the business of manufacture of, and the sale of,
418 infused beverages within the State, including the time, place, and manner in which infused beverages may be sold,
419 dispensed, and disposed.
420 § 1331. Regulations.
421 The Commissioner shall adopt regulations necessary for implementation of this chapter. The regulations may not
422 prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation
423 unreasonably impracticable. Regulations and fees for marijuana cultivation facilities may be varied based on the size of the
424 facility to ensure that the operation of smaller facilities is not made unreasonably impracticable. The Commissioner shall
425 include all of the following in the regulations:
426 (9) Requirements for the transportation and storage of marijuana and marijuana products marijuana, marijuana
427 products, and infused beverages by marijuana establishments.
428 (11) Requirements to prevent the sale or diversion of marijuana and marijuana products marijuana, marijuana
429 products, and infused beverages to individuals under the age of 21. To protect individual privacy, the Commissioner
430 may not require a consumer to provide a retail marijuana store with personal information other than government-issued
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431 identification to determine the consumer’s age and a retail marijuana store may not be required to acquire and record
432 personal information about consumers.
433 (13) Requirements for marijuana and marijuana products marijuana, marijuana products, and infused
434 beverages sold or distributed by marijuana establishments, including information for consumers and labeling
435 requirements for marijuana products that include all of the following:
436 c. The serving size and the number of servings in each package, not to exceed 10 servings. milligrams of
437 total THC per serving and 100 milligrams of total THC in a multi-serving package.
438 n. The serving size of each infused beverage, not to exceed 10 milligrams of Delta-9 extract per infused
439 beverage container and no more than 60 milligrams of Delta-9 extract in a multi-container package.
440 o. Availability of testing analysis results to consumers.
441 (14) Health and safety regulations and standards for the manufacture of marijuana products and infused
442 beverages by marijuana establishments consistent with other Delaware requirements for food, including all of the
443 following:
444 b. Restrictions or prohibitions on additives to marijuana and marijuana-infused products, marijuana,
445 marijuana products, and infused beverages, including additives that are toxic, designed to make the product more
446 addictive, or designed to make the product more appealing to children, but not including common baking and
447 cooking items.
448 d. Requirements for random sample testing, including the manner and frequency of testing, to ensure
449 quality control, including by ensuring that marijuana and marijuana-infused products marijuana, marijuana
450 products, and infused beverages are accurately labeled for potency. The testing analysis must include testing for:
451 residual solvents, poisons, or toxins; harmful chemicals; dangerous molds or mildew; filth; harmful microbials
452 such as E. coli or salmonella; and pesticides.
453 (15) Restrictions on the advertising, marketing, and signage of marijuana and marijuana products, marijuana,
454 marijuana products, and infused beverages, including a prohibition on mass-market campaigns that have a high
455 likelihood of reaching minors.
456 (16) Restrictions on the display of marijuana and marijuana products, marijuana, marijuana products, and
457 infused beverages, including requirements that marijuana and marijuana products marijuana, marijuana products, and
458 infused beverages may not be displayed in a manner that is visible to the general public from a public right-of-way.
459 (18) Requirements that educational materials be disseminated to consumers who purchase marijuana-infused
460 products. marijuana, marijuana products, and infused beverages.
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461 (22) Procedures for the issuance, renewal, suspension, transfer, and revocation of an infused beverage
462 endorsement.
463 § 1335. Marijuana product manufacturing facility license.
464 (f) All licensed premises on which retail marijuana products or infused beverages are manufactured must meet the
465 sanitary standards for retail marijuana product and infused beverage preparation promulgated under this chapter and as
466 applicable under all of the following:
467 (h) A retail marijuana product must be sealed and conspicuously labeled in compliance with this chapter and any
468 rules promulgated under this chapter.
469 (3) The standard symbol requirements as established by the Commissioner do not apply to a multi-serving
470 liquid retail marijuana product that is impracticable to mark if the product complies with all statutory and rule
471 packaging requirements for multi-serving edibles and with all of the following enhanced requirements to reduce the
472 risk of accidental ingestion:
473 a. A multi-serving liquid is packaged in a structure that uses a single mechanism to achieve both child-
474 resistance and accurate pouring measurement of each liquid serving in increments equal to or less than 10
475 milligrams of active THC Delta-9 extract per serving, with no more than 500 60 milligrams of active THC total
476 Delta-9 extract per multi-serving package.
477 (i) Retail marijuana or retail marijuana products Marijuana, marijuana products, and infused beverages may not be
478 consumed on the premises of a marijuana product manufacturing facility.
479 (k) A licensed marijuana product manufacturing facility may apply for an infused beverage endorsement to sell its
480 own infused beverages to a licensed Delaware importer.
481 § 1335E. Infused beverage endorsement.
482 (a) The following may apply to the Commissioner for an infused beverage endorsement:
483 (1) A supplier or importer licensed by the Alcohol Beverage Control Commissioner under this title.
484 (2) A manufacturer licensed by the Alcohol Beverage Control Commissioner under §§ 512A, 512B, 512C, or
485 512E of this title.
486 (3) A marijuana product manufacturing facility licensed under § 1335 of this title.
487 (4) A marijuana product manufacturing microbusiness licensed under § 1340 of this title.
488 (5) A marijuana product manufacturing facility holding a conversion license under § 1335D of this title.
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489 (6) An out-of-state infused beverage manufacturer, duly licensed by the state wherein its manufacturing
490 facility is located, that is not otherwise licensed by the Office of the Alcoholic Beverage Control Commissioner under
491 this title and that sells infused beverages to a licensed Delaware importer.
492 (b) An infused beverage endorsement issued under this section is valid for 2 years, unless the endorsement is
493 suspended, revoked, or canceled by the Commissioner. An infused beverage endorsement may be renewed every 2 years by
494 paying the fee under subsection (d) of this section and providing confirmation that the holder of the endorsement continues
495 to meet all requirements for continued endorsement. An infused beverage endorsement is automatically suspended,
496 revoked, or canceled if the holder’s license to sell alcoholic liquors or marijuana products under this title is suspended,
497 revoked, or canceled.
498 (c) An application for an infused beverage endorsement must contain all of the following:
499 (1) All application materials required by the Commissioner.
500 (2) Proof of an active license to sell alcoholic liquors or marijuana products under this title.
501 (3) An application fee.
502 a. Except as specified in paragraph (c)(3)b. of this section, the application fee is $1,500.
503 b. For any marijuana product manufacturing facility owned by a social equity licensee or licensed as a
504 microbusiness, the application fee is $600.
505 (d) Infused beverage endorsement renewal fees.
506 (1) For manufacturers of infused beverages:
507 a. Except as specified in paragraph (d)(1)b. of this section, the infused beverage endorsement renewal fee
508 is $1,000.
509 b. For any marijuana product manufacturing facility owned by a social equity licensee or licensed as a
510 microbusiness, the infused beverage endorsement renewal fee is $400.
511 (2) For suppliers of infused beverages, the infused beverage endorsement renewal fee is $1,000, of which the
512 Commissioner must remit $400 to the Office of the Alcohol Beverage Control Commissioner.
513 (3) For importers of infused beverages, the infused beverage endorsement renewal fee is $1,000.
514 § 1335F. Infused beverage manufacturing requirements.
515 (a) Upon proper application and subject to the applicable provisions, restrictions, and prohibitions under this title
516 and regulations promulgated under this title, the Commissioner may grant an infused beverage manufacturing endorsement
517 to any of the following:
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518 (1) A manufacturer licensed by the Alcohol Beverage Control Commissioner under §§ 512A, 512B, 512C, or
519 512E of this title.
520 (2) A marijuana product manufacturing facility licensed under § 1335 of this title.
521 (3) A marijuana product manufacturing microbusiness licensed under § 1340 of this title.
522 (4) A marijuana product manufacturing facility holding a conversion license under § 1335D of this title.
523 (b) A manufacturer that manufactures infused beverages intended to be sold or offered for sale in this State must
524 comply with the following:
525 (1) The manufacture may not manufacture any infused beverage containing alcoholic liquor.
526 (2) The manufacturer may not include any cannabinoids in an infused beverage except for Delta-9 extract or
527 non-intoxicating cannabinoids, including cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and
528 cannabichromene (CBC).
529 (3) The manufacturer may not manufacture an infused beverage with a Delta-9 extract that exceeds 10
530 milligrams per container.
531 (4) The manufacturer may not obtain any THC for the purpose of manufacturing an infused beverage unless
532 the THC is a Delta-9 extract, and no manufacturer may use any THC product other than a Delta-9 extract to
533 manufacture an infused beverage. The Delta-9 extract used to manufacture an infused beverage must meet the
534 following requirements:
535 a. The Delta-9 was extracted from hemp grown by one of the following:
536 1. A hemp producer, as evidenced by a certificate of authenticity issued by the hemp producer and a
537 copy of the hemp grower’s state-issued license.
538 2. A licensed hemp grower regulated by a state, territory, or federally recognized Indian tribe, and in
539 accordance with a state or tribal plan approved by the United States Department of Agriculture, as evidenced
540 by a certificate of authenticity issued by the licensed hemp grower.
541 b. The Delta-9 extract meets all of the following criteria:
542 1. The Delta-9 extract was extracted by a person who is actively credentialed by a state or federally
543 recognized Indian tribe to extract hemp, as evidenced by a certificate of authenticity issued by the person who
544 is actively credentialed to extract hemp and a copy of the hemp grower’s state-issued license.
545 2. The Delta-9 extract was extracted in a facility that is credentialed by a state or federally recognized
546 Indian tribe, as evidenced by a certificate of authenticity issued by the facility that is credentialed to extract
547 hemp and a copy of the hemp grower’s state-issued license.
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548 3. The Delta-9 extract was extracted from hemp using one of the following processes:
549 A. Mechanical extraction, such as dry screens, sieves, presses, potable water and ice made from
550 potable water, cryogenic or subzero manufacturing not involving a solvent, or pressure and temperature.
551 B. Chemical extraction using a nonvolatile solvent such as a non-hydrocarbon-based or other
552 solvent such as water, vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin. Non-
553 hydrocarbon-based solvents must be food grade.
554 C. Chemical extraction using a closed loop extraction system approved by the Commissioner.
555 D. Alcohol (ethanol) extraction.
556 (5) The manufacturer may not manufacture any infused beverage using the hydrocarbon extraction method for
557 extraction, which is not authorized for human consumption.
558 (6) The manufacturer must comply with all standards and requirements of this title and regulations
559 promulgated by the Commissioner.
560 (7) The manufacturer is subject to the testing provisions under § 1335G of this title.
561 (8) The manufacturer is subject to the investigation and enforcement provisions under § 1310 of this title.
562 § 1335G. Delivery, storage, and testing of infused beverages at in-state warehouse.
563 (a) No shipment of infused beverages may be made into this State unless:
564 (1) The infused beverages are delivered directly by a Delaware licensed supplier or importer, and the licensed
565 supplier or importer holds an infused beverage endorsement.
566 (2) The infused beverages are delivered directly to a licensed warehouse in Delaware that is owned, leased, or
567 operated by a Delaware licensed importer who holds an infused beverage endorsement.
568 (3) The infused beverages are unloaded and physically stored in the licensed warehouse.
569 (b) An importer may not sell or distribute any infused beverage within this State that contains any of the following:
570 (1) Alcoholic liquor.
571 (2) THC that is not Delta-9 extract.
572 (3) Delta-9 extract in a quantity that exceeds 10 milligrams per infused beverage container. For purposes of
573 this paragraph, advertising, labeling, or offering a container for sale as containing total THC that exceeds 10 milligrams
574 per container is a violation, regardless of the actual content of the container.
575 (c) When a licensed Delaware importer receives a shipment of infused beverages, the importer must do the
576 following, unless granted a waiver of the requirements under this section by the Commissioner for products previously
577 approved by the Commissioner:
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578 (1) The importer must notify the Commissioner of the delivery.
579 (2) The importer must ensure the infused beverages remain physically stored in an authorized warehouse and
580 at rest until inspected, sampled, and tested by the Commissioner or Division.
581 (3) The importer may not sell or distribute any infused beverage contained in the shipment within this state
582 until approved by the Commissioner.
583 (d) The Commissioner must collect a statistically significant number of samples from each lot of infused
584 beverages delivered into this State and submit the samples to a licensed marijuana testing facility or State of Delaware
585 laboratory for final product testing in a manner approved by the Commissioner. The importer must pay the cost of random
586 sampling testing under this subsection.
587 (e) Each licensed supplier or importer is responsible for ensuring compliance with the relevant provisions of this
588 title, as well as regulations promulgated under this title at all premises of the licensed supplier or importer.
589 (f) Each licensed importer or supplier is subject to inspection by the Division of Revenue, which may inventory
590 any infused beverages in the possession or control of the importer or supplier and inventory sale invoices or bills of sale for
591 infused beverage deliveries, at any time the Division of Revenue deems reasonable and necessary to carry out its statutory
592 duties to verify the reporting and collection of taxes payable to the State.
593 (g) The transportation and delivery of infused beverages must comply with the following:
594 (1) Vehicles owned by suppliers may not be used for delivery of infused beverages to retailers in the State.
595 (2) No peddling is allowed. Definite orders for all infused beverages shipped from an importer's warehouse
596 must have been received from customers before a loaded vehicle leaves the warehouse.
597 (3) No infused beverages other than those contained in a definite order may be carried on the vehicles.
598 (4) A statement showing the destination of each package of infused beverages must be furnished to the driver
599 and carried by the driver over the route.
600 (5) Upon the driver's return to the warehouse, the driver must sign a statement confirming the infused
601 beverages were delivered to the destination listed. This statement must be available for inspection by the
602 Commissioner at all times.
603 (6) Every person in charge of transportation by motor vehicle, by railroad, by water vessel, by common
604 carrier, or by any other vehicle that transports infused beverages in or through the State in an interstate shipment must
605 have a way bill. The carrier must have in its possession the way bill and be prepared to present it when asked.
606 a. The way bill must include these written or printed terms:
607 1. The date of its issue.
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608 2. The name and address of the consignor.
609 3. The name and address of the consignee.
610 4. A statement as to whether the goods will be delivered to a specified person or to the order of a
611 specified person.
612 5. A description of the package, stating the number and contents.
613 6. The signature of the carrier or its duly authorized agent.
614 § 1355. Finality of Commissioner’s decision refusing license. [Repealed.]
615 If an application is not timely protested, but the Commissioner determines that the application should nevertheless
616 be denied, the Commissioner shall render the decision promptly in writing. The Commissioner’s decision shall be final and
617 conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner’s office, the applicant files an
618 appeal in the office of the Commissioner. The appeal shall follow the procedure outlined in § 1362 of this title.
619 § 1361. Grounds for cancellation, suspension, or fines.
620 (g) The Commissioner may cancel any retail license if it has reasonable grounds to believe that the license was
621 granted in violation of this chapter, or any regulation enacted pursuant to under § 1331 of this title.
622 (h) For any violation of this title or a regulation promulgated under this title pertaining to infused beverages, the
623 Commissioner may impose an administrative civil penalty of $250 or up to 10 percent of the estimated average gross
624 monthly sales of infused beverages for the operations of any licensee within the 12 months immediately preceding the date
625 the penalty is imposed, whichever is greater. The Commissioner may also suspend, revoke, or place conditions upon the
626 license or authorization of any person or entity that violates any provision of this title or regulation promulgated under this
627 title pertaining to infused beverages.
628 § 1382. Levy and rate of marijuana tax; collection.
629 (a) A tax is imposed on the retail sale of marijuana products under this chapter in this State. This tax is not
630 imposed on the sale of medical marijuana products under Chapter 49A of Title 16. This tax is not imposed on the retail sale
631 of infused beverages by a package store or a marijuana retail store.
632 (f) A marijuana retailer may not discount a marijuana item product or offer a marijuana item product for free if the
633 retail sale of the marijuana item is made in conjunction with the retail sale of any other item.
634 § 1387. Appropriation of revenue.
635 (a) The funds in the Marijuana Regulation Fund in each fiscal year must be appropriated by the General Assembly
636 as follows:
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637 (2) To the administrative costs and expenses of the Department of Finance, Department of Health and Social
638 Services, Department of Agriculture, Department of Justice, and other agencies responsible for taxing and regulating
639 personal use marijuana in Delaware. These departments shall submit a proposed expenditure plan for approval by the
640 Commissioner, Controller General, and Director of the Office of Management and Budget prior to the expenditure of
641 these funds.
642 Subchapter IX. Consumer Protection
643 § 1390. Unlawful practices.
644 A violation of any provision of this chapter shall be deemed an unlawful practice under § 2513 of Title 6 and
645 a violation of Subchapter II of Chapter 25 of Title 6.
646 Section 2. Amend Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as
647 shown by underline as follows:
648 § 3310. Exceptions to adulteration or misbranding of food.
649 An article of food which does not contain any added poisonous or deleterious ingredients is not deemed to be
650 adulterated or misbranded in the following cases:
651 (1) In the case of mixtures or compounds known as articles of food under their own distinctive names and not
652 an imitation of or offered for sale under the distinctive name of another article, if the name is accompanied on the same
653 label or brand with a statement of the place where the article was manufactured or produced; produced.
654 (3) In the case of marijuana products and infused beverages as defined under § 1302 of Title 4.
655 § 4764A. Legal marijuana-related activity.
656 (a) For purposes of this section, “adult sharing” means transferring marijuana marijuana, marijuana products, or
657 infused beverages between persons who are 21 years of age or older without remuneration. “Adult sharing” does not
658 include instances in which:
659 (1) Marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
660 parties.
661 (2) A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services;
662 or services.
663 (b) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may
664 criminal or civil asset forfeiture be pursued, for any of the following activities by an individual 21 years of age or older:
665 (1) Adult sharing of a personal use quantity or less of marijuana. marijuana, marijuana products, or infused
666 beverages.
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667 (2) Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity
668 or less of marijuana marijuana, marijuana products, or infused beverages outside of a motor vehicle.
669 (3) Possessing and transporting marijuana accessories or a personal use quantity or less of marijuana,
670 marijuana products, or infused beverages inside of a motor vehicle as long as the each marijuana accessories or
671 marijuana accessory, quantity of marijuana, marijuana product, or infused beverage is in a closed container or is not
672 readily accessible to anyone inside the motor vehicle.
673 (c) The following acts remain unlawful and an offense under the law of this State:
674 (1) Consuming marijuana marijuana, marijuana products, or infused beverages in an area accessible to the
675 public or in a moving vehicle, as defined and punished under § 4764(d) of this title.
676 (4) Selling marijuana, marijuana products, or infused beverages without an active license or endorsement
677 under Title 4, as defined and punished under Delaware law, including under this chapter.
678 Section 3. This Act takes effect 90 days after its enactment into law.
679 Section 4. Contingent Sunset Date.
680 Any license, endorsement, approval, or authorization issued under this Act which allows the holder to
681 manufacture, distribute, sell, offer for sale, or possess an infused beverage authorized under this Act will automatically
682 terminate, and any purported property interest in such license, permit, approval, or authorization is automatically forfeited,
683 and all authorization for the sale of infused beverages shall be deemed repealed in its entirety, without further action by the
684 General Assembly, upon the occurrence of either of the following:
685 (a) The effective date of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction
686 and Veterans Affairs, and Extensions Act of 2026 (at amendments to Section 297A of the Agricultural Marketing Act of
687 1946 (7 U.S.C. 1639 (o)) by Section 781 of Public Law No. 119-37 (11/12/2025)).
688 (b) The effective date of any Federal legislative act that changes the definition of “hemp” under 7 U.S.C. § 1639
689 (o) in a way that any beverage authorized or regulated under this Act would be classified as a controlled substance under
690 Federal law.
SYNOPSIS
This Act sets forth requirements and restrictions for the manufacture, distribution, and sale of THC-infused
beverages in this State. This Act allows manufacturers to operate in Delaware with authorization, and sets forth
manufacturing and product requirements. Out-of-state and in-state manufacturers must deliver their infused beverages to
licensed importers, who must comply with notice and testing requirements before the infused beverages can be transported
from an importer’s warehouse to package stores for sale, and must keep detailed records of their shipments. Package stores
may obtain authorization to sell infused beverages for off-premises consumption, and must comply with requirements
concerning the placement of infused beverages in the store, signage, and packaging criteria. This Act also allows licensed
retail marijuana stores to sell infused beverages. This Act classifies cannabidiol (CBD), cannabigerol (CBG), cannabinol
(CBN), and cannabichromene (CBC) as nonintoxicating cannabinoids and those cannabinoids not excluded from sale to
consumers by this Act.
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This Act increases the potential civil penalties for selling marijuana, marijuana products, and infused beverages to
individuals under 21, allowing a fine of up to $10,000 for subsequent offenses within 5 years. Additionally, for violations
of provisions of Title 4 pertaining to infused beverages, an administrative civil penalty may be imposed of the greater $250
or up to 10 percent of the estimated average gross monthly sales of infused beverages for the operations of a licensee within
12 months preceding the date the penalty is imposed. This Act also updates outdated provisions of code and makes
technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act sets forth taxation of infused beverages, which is set at $0.50 per container and taxed at the warehouse
distributor, not the retail point of sale.
This Act specifies that the Act takes effect 90 days after enactment and the sale of infused beverages may sunset if
a Federal legislative act that changes the definition of “hemp” under 7 U.S.C. § 1639 (o) to a controlled substance. This Act
requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the
affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or
license fee.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware
Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to
impose or levy a tax or license fee.
HD : GOG : SCD Page 25 of 25 Released: 04/21/2026 12:22 PM
0081530133Every fact on this page links to its source, starting with the official bill record.