HB 373: AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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 This Act also updates outdated provisions of code and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.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

Sponsors

Sponsors by party (alphabetical): Democratic 7

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. July 23, 2026Signed by Governor
2. July 1, 2026Passed By House. Votes: 38 YES 2 NO 1 NOT VOTING
3. July 1, 2026Passed By Senate. Votes: 18 YES 3 NO
4. July 1, 2026Amendment SA 3 to HB 373 - Passed By Senate. Votes: 16 YES 5 NOT VOTING
5. July 1, 2026Amendment SA 2 to HB 373 - Stricken in Senate
6. July 1, 2026Amendment SA 1 to HB 373 - Stricken in Senate
7. July 1, 2026Amendment SA 3 to HB 373 - Introduced and Placed With Bill
8. July 1, 2026Amendment SA 2 to HB 373 - Introduced and Placed With Bill
9. July 1, 2026Amendment SA 1 to HB 373 - Introduced and Placed With Bill
10. June 25, 2026Reported Out of Committee (Finance) in Senate with 4 On Its Merits
11. June 24, 2026Assigned to Finance Committee in Senate
12. June 24, 2026Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits

Showing 12 most recent of 20 actions. Full history