AN ACT TO AMEND TITLES 3, 4, AND 16 OF THE DELAWARE CODE RELATING TO HEMP, MARIJUANA, AND MARIJUANA PRODUCTS.

The bill changed from a targeted House Amendment (adding a hemp retailer licensing pathway and changing an effective date) to a full standalone act amending Titles 3, 4, and 16 of the Delaware Code with broad definitions, criminal penalties, and regulatory provisions.

The synopsis was rewritten from describing a narrow hemp retailer licensing pathway to a broad statement about protecting public health by ensuring all consumable products containing specified levels of THC are sold only through licensed establishments with testing, labeling, packaging, and age-restriction requirements.

The specific provision allowing up to 20 existing hemp retailers (those who sold hemp products before June 15, 2026) to apply for conditional retail marijuana store licenses was removed from the final bill text.

New Section 1316 creates a criminal offense for maintaining an unlicensed marijuana establishment. It is a Class A misdemeanor by default but escalates to a Class G felony if the business is within 1,000 feet of a school, daycare, or public park; operates without a storefront (e.g., via mail); involves individuals under 21; or the person has a prior violation within 5 years. Includes forfeiture of seized products and nuisance abatement proceedings for a third offense within 5 years.

New Section 1317 creates a Class B misdemeanor offense for selling or furnishing marijuana or marijuana products to anyone under 21 who is not a registered qualifying patient or caregiver. Includes an affirmative defense if the seller reasonably relied on photo ID indicating the person was 21 or older.

New definition of 'counterfeit THC ingredient' covering any cannabinoid ingredient in a product intended for human or animal consumption that is not naturally produced by Cannabis sativa L. or is synthetically manufactured outside the plant.

New definition of 'container' specifying it means the innermost packaging in direct contact with the product, and clarifying that for multipacks sold under a single SKU or price, the 0.4 milligram total THC limit applies to the combined total of all enclosed items rather than each item separately.

New definition of 'THC' explicitly including delta-7, delta-8, delta-9, and delta-10 tetrahydrocannabinol plus their salts and isomers, while excluding FDA-approved products like dronabinol in sesame oil capsules.

New definition of 'total THC' as the sum of THCA percentage by weight multiplied by 0.877 plus the percentage of weight of THC, providing a standardized calculation method.

New definition of 'marijuana products' covering products comprised of marijuana intended for ingestion, inhalation, or absorption (edibles, ointments, tinctures), explicitly excluding infused beverages authorized for sale in Delaware.

Title 16 marijuana definition now explicitly excludes industrial hemp as defined in Title 3, FDA-approved products, viable seeds from plants not exceeding 0.3 percent total THC on a dry weight basis, and federally compliant hemp products in continuous transit through Delaware.

The Commissioner's duties under Section 1322 were expanded to include determining allowable ingredients for marijuana and marijuana products, in addition to existing authority over time, place, and manner of sale.