Delaware Regulates Hemp THC Beverage Sales As Federal Rules Loom

Delaware has tightened oversight of hemp-derived THC beverages. Gov. Matt Meyer signed HB 373 into law last week, creating regulations for hemp-derived THC beverages.

Under the new measure, sales of THC drinks are restricted to consumers aged 21 and older, at licensed liquor stores or marijuana dispensaries.

The move comes as federal hemp rules are expected to take effect on Nov. 12 and become more rigorous, limiting legal hemp products to 0.4 mg of total THC per container. Congress and the Trump administration are considering delaying or changing those rules.

The legislation from Rep. Debra Heffernan limits beverages to 10 mg of delta-9 THC per single-serving drink, 60 mg per multi-pack, and 170 mg per 750 mL bottle, reported Marijuana Moment. It does not affect non-beverage hemp products, as highlighted by an amendment from the Senate members before the bill’s passage.

It also requires products to comply with state standards for packaging, labeling, advertising, testing, sampling and safety.

The policy change also imposes new taxes of $0.50 per single-serving THC beverage and $8.50 per 750 mL bottle.

Additionally, the legislation includes a sunset clause that could put an end to legal hemp beverage sales in the state if federal restrictions reclassify the products as controlled substances.

Recreational cannabis sales kicked off in Delaware a year ago, after the state enacted legislation legalizing adult-use marijuana in 2023. With that move, Delaware established a comprehensive system for cultivators, manufacturers, retailers, and testing laboratories under the oversight of the Office of the Marijuana Commissioner.

In 2024, the state legislators gave the green light to two new laws effectively expanding Delaware’s cannabis program, allowing existing medical marijuana businesses to enter the adult-use market. Later that year, the state received 1,269 license applications and awarded 125 licenses through a public lottery.

The Cannabist Company Holdings Inc. (Cboe CA: CBST) (OTCQB: CBSTF), which previously operated in Delaware, exited the state market by selling its local assets for $16.5 million in 2026.

Other cannabis businesses with operations in the First State are Best Buds, Field Supply Cannabis & Provisions and Thrive Dispensary, to name a few.