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

Creates a new 'infused beverage' category: non-alcoholic beverages containing Delta-9 extract (THC) at no more than 10mg per container and 60mg per multi-container package. These products are regulated under both the alcohol and marijuana titles simultaneously.

Microbreweries can now sell their own infused beverages off-premises with a designated storage area, floor plan approval, landlord documentation, and reporting requirements. Package stores may obtain a permit to sell infused beverages in a separate section from alcohol and mixers.

Section 1313A (Hemp products not affected) is removed. This section had protected non-beverage hemp products from being regulated under the marijuana/alcohol chapters, prohibited requiring licenses for non-beverage hemp retail, and prevented treating hemp products as marijuana solely because they contain cannabinoids.

Adds numerous new definitions including 'infused beverage,' 'infused beverage container,' 'infused beverage endorsement,' 'Delta-9 extract,' 'cannabinoids,' 'nonintoxicating cannabinoid,' 'Total THC,' and 'supplier.' Existing definitions for import, importer, manufacture, manufacturer, consumer, and retail marijuana store are expanded to include infused beverages.

Establishes a $0.50 per-container tax on infused beverages (Section 581A), collected monthly by the Division of Revenue and deposited into the Marijuana Regulation Fund. Also sets licensing fees: $1,500 application fee ($600 for social equity/microbusiness), $1,000 renewal fee ($400 for social equity/microbusiness), plus microbrewery off-premises fees of $100 filing, $100 inspection, and $200 biennial.

New Section 1309A establishes comprehensive sale requirements: must be sold only by licensed package stores or retail marijuana stores for off-premises consumption; no third-party delivery (except in-store pickup or curbside); child-resistant sealed containers; separate display section with THC signage; no gifting as part of commercial transactions.

New Section 1335F sets manufacturing requirements: Delta-9 extract must come from hemp grown by licensed producers; only specific extraction methods are permitted (mechanical, non-hydrocarbon chemical, closed-loop, or ethanol); hydrocarbon extraction is prohibited for human consumption.

New Section 1335G requires all infused beverage shipments to be delivered directly to a licensed in-state warehouse owned, leased, or operated by a Delaware-licensed importer holding an infused beverage endorsement. Importers may not distribute beverages containing alcohol, non-Delta-9 THC, or more than 10mg per container.

Section 1335E creates the infused beverage endorsement, available to suppliers/importers, manufacturers under specific sections, marijuana product manufacturing facilities, microbusinesses, conversion license holders, and out-of-state manufacturers. Endorsement is valid for 2 years and auto-suspends if the underlying license is suspended.

Civil penalties for selling to minors increased from a flat $250-$500 range to up to $10,000 for subsequent violations within a 5-year period. Section 903 restructured to impose a minimum $100 fine (previously maximum $100). Both the Alcoholic Beverage Control Commissioner and Marijuana Commissioner gain authority to summarily fine, suspend, or revoke licenses for infused beverage violations.

Retail marijuana stores may sell infused beverages on Sundays by paying a $500 biennial fee for a special endorsement. Municipalities with 50,000+ population may limit Sunday sales to 4 hours by ordinance.