HB 373 DE

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Became Law

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. 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 This Act also updates outdated provisions of code and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.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.

• Debra Heffernan Democratic · primary
• Edward S. Osienski Democratic · primary
• Sarah McBride · primary
• Stell Parker Selby · primary
• Melanie Ross Levin Democratic · primary
• Ray Seigfried Democratic · primary

1. Apr 21, 2026 Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House · lower
2. May 5, 2026 Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits · lower
3. May 5, 2026 Assigned to Appropriations Committee in House · lower
4. Jun 9, 2026 Reported Out of Committee (Appropriations) in House with 4 On Its Merits · lower
5. Jun 16, 2026 Amendment HA 1 to HB 373 - Introduced and Placed With Bill · lower
6. Jun 16, 2026 Amendment HA 1 to HB 373 - Passed In House by Voice Vote · lower
7. Jun 16, 2026 Passed By House. Votes: 34 YES 5 NO 1 NOT VOTING 1 ABSENT · lower
8. Jun 16, 2026 Assigned to Banking, Business, Insurance & Technology Committee in Senate · upper
9. Jun 24, 2026 Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits · upper
10. Jun 24, 2026 Assigned to Finance Committee in Senate · upper
11. Jun 25, 2026 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
12. Jul 1, 2026 Amendment SA 1 to HB 373 - Introduced and Placed With Bill · lower
13. Jul 1, 2026 Amendment SA 2 to HB 373 - Introduced and Placed With Bill · lower
14. Jul 1, 2026 Amendment SA 3 to HB 373 - Introduced and Placed With Bill · lower
15. Jul 1, 2026 Amendment SA 1 to HB 373 - Stricken in Senate · upper
16. Jul 1, 2026 Amendment SA 2 to HB 373 - Stricken in Senate · upper
17. Jul 1, 2026 Amendment SA 3 to HB 373 - Passed By Senate. Votes: 16 YES 5 NOT VOTING · upper
18. Jul 1, 2026 Passed By Senate. Votes: 18 YES 3 NO · upper
19. Jul 1, 2026 Passed By House. Votes: 38 YES 2 NO 1 NOT VOTING · lower
20. Jul 23, 2026 Signed by Governor · executive