All Roll Calls
Yes: 90 • No: 10
DelawareHB 373153rd General Assembly (2024–2026)HouseWALLET
AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA.
Sponsored By: Debra Heffernan (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
24 provisions identified: 7 benefits, 7 costs, 10 mixed.
Drink businesses face fines and license loss
Infused-beverage violations can bring an administrative fine of $250 or up to 10% of average monthly gross infused-beverage sales, whichever is greater. The sales measure uses estimated sales over the preceding 12 months. The Commissioner can also suspend, revoke, or place conditions on a license or authorization. Alcohol and Marijuana Commissioners can summarily fine, suspend, revoke, or cancel approvals for covered infused-beverage violations. Those violations also count as unlawful practices under consumer protection law.
Drink makers and sellers need approvals
Licensed liquor businesses need an infused-beverage endorsement to make these drinks for sale in Delaware. Beginning 90 days after enactment, selling marijuana, marijuana products, or infused beverages without an active required license or endorsement is an offense. The Marijuana Commissioner must set rules for making and selling infused beverages, including when, where, and how they are sold, dispensed, and discarded.
Adults gain protected marijuana use rights
Beginning 90 days after enactment, adults 21 or older gain protections for personal-use quantities of marijuana products and infused beverages. Possessing, using, displaying, buying, transporting, or sharing these amounts carries no civil or criminal penalties or asset forfeiture. Sharing must be unpaid, without a trade, and not tied to offers or ads for goods or services. In vehicles, covered items must be in closed containers or not readily accessible to anyone inside.
More stores sell drinks with limits
Permitted package stores and licensed marijuana stores can buy infused beverages from licensed importers and sell them to adults 21 or older. Drinks are for off-premises use, and package-store containers must leave sealed. Third-party delivery and sales by mail, telephone, or other indirect means are banned. Package stores may take online or app orders for store pickup or curbside service with a valid off-premises license. Covered businesses and their workers cannot give consumers free infused beverages as part of a business transaction.
Underage sales limits preserve medical access
People under 21 cannot buy, possess, use, transport, or consume marijuana products or infused beverages under the personal-use rules. Registered patients and designated caregivers under 21 retain medical access to marijuana and marijuana products, not infused beverages. Package stores may employ people 18 or older under Commissioner rules; this does not grant underage product access. Sellers cannot sell alcohol or infused beverages to underage or otherwise barred buyers, but retain a reasonable-ID defense. Marijuana, marijuana-product, and infused-beverage sellers face $250 to $500 for a first underage sale or knowing sale to an underage buyer’s proxy. Later violations within five years can bring fines up to $10,000.
Alcohol businesses face tighter licensing limits
Restaurants and clubs generally cannot get new off-premises liquor licenses; licenses issued before this law’s effective date can remain or transfer unless revoked. A separate exception covers taproom licenses issued before July 6, 1983. The state must deny a package-store license when substantial evidence shows the applicant or covered related parties already have interests in two or more licenses. Management control counts, but bona fide lenders, secured parties, lienholders, landlords, and lessors are excluded; interests in more than two licenses acquired before April 1, 1992, can continue and renew. The law also repeals the appeal route for unprotested license applications that allowed appeals within 30 days after denial notice was mailed.
Beverage businesses get permits with fees
Eligible licensed alcohol businesses, marijuana manufacturers, manufacturing microbusinesses, conversion-license facilities, and qualifying out-of-state makers can apply for infused beverage permits. Licensed marijuana manufacturers can also apply to sell their own drinks to a licensed Delaware importer. Applications require proof of an active underlying license, required materials, and a $1,500 fee; renewal every 2 years costs $1,000. Marijuana manufacturing facilities owned by social equity licensees or licensed as microbusinesses pay $600 to apply and $400 to renew. Supplier renewals also require a $400 payment to the Alcoholic Beverage Control Commissioner. The permit is automatically suspended, revoked, or canceled when the underlying license receives the same action.
Drink sellers face hours and Sunday fees
Infused-beverage sales face alcohol-law hour and holiday limits, including a Sunday restriction governed by an existing statutory contingency. Importers may still receive and process orders on Sundays and holidays. Marijuana stores cannot sell these drinks on Thanksgiving, Easter, or Christmas; normal hours are 9 a.m.–10 p.m. Monday–Saturday and noon–8 p.m. Sunday. From October through December, opening may move to 8 a.m. Friday–Saturday and 10 a.m. Sunday; cities with at least 50,000 people may impose tighter hours. Marijuana stores seeking Sunday infused-beverage sales pay an extra $500 for an endorsement every two years.
Microbreweries gain drink sales with fees
Delaware microbreweries licensed to make beer can sell their own infused beverages for off-premises use. They must designate storage space, meet warehouse holding rules, and provide written landlord approval and a compliant floor plan. They must report direct consumer sales; their importer or wholesaler must list the drinks on monthly distribution price lists. Businesses pay a $100 filing fee, a $100 floor-plan inspection fee, and $200 every two years for limited off-premises sales approval.
Package stores can offer free tastings
The Commissioner can license package stores to offer free spirits, wine, and beer tastings. Tastings must occur in a designated area where alcohol and infused beverages are not sold. Stores cannot charge consumers for these tastings.
Drink buyers avoid marijuana retail tax
You do not pay Delaware’s marijuana retail sales tax on infused drinks bought from package stores or marijuana retail stores. This exemption covers that tax, not every tax that can affect the drink’s price. The provision does not state the tax rate or a dollar savings amount.
Marijuana businesses gain limited food exemptions
Beginning 90 days after enactment, covered marijuana products and infused beverages are exempt from specified food adulteration and misbranding rules. The exemption applies only when the food contains no added poisonous or harmful ingredients. It does not remove the separate safety, testing, and labeling requirements for these products.
Alcohol buyers lose specific sales bans
The Commissioner or Division no longer has the repealed authority to bar alcohol sales to someone who habitually drinks to excess. The law also removes the specific offense for alcohol license holders knowingly selling to a listed person after Commission notice. These repeals do not remove other alcohol sales rules.
Consumers gain inspections and complaint testing
Delaware enforcement officers must inspect marijuana products and infused beverages for food-code compliance, sanitation, handling, safety, and labels. Inspections can occur whenever a licensee, employee, or customer is on the licensed premises. Officers can seize illegally made, sold, stored, or transported marijuana, infused beverages, related products, and accessories. After a health complaint, officers must arrange public-lab testing of alcohol and infused beverages; home breweries are exempt. Violations of the personal-use marijuana chapter also count as violations of Delaware consumer protection law.
Consumers get THC limits and warnings
Marijuana products are limited to 10 milligrams of total THC per serving and 100 milligrams per multi-serving package. Infused beverages are limited to 10 milligrams of Delta-9 extract per container and 60 milligrams per multi-container package. Drinks cannot contain alcohol or intoxicating THC ingredients other than Delta-9 extract, and must meet testing, labeling, safety, and food standards. Containers must be sealed and show an approved THC and under-21 warning symbol; packaging and marketing cannot appeal to children. Stores must display the drinks separately from alcohol and marijuana products, with clear THC signs; package stores must also separate them from mixers.
Justice Department gains marijuana fund access
The Delaware Department of Justice can use the Marijuana Regulation Fund for costs of taxing and regulating personal-use marijuana. Before spending, agencies must submit a plan approved by the Commissioner, Controller General, and state budget director. The law states no funding amount for this change.
Consumers face public use and driving limits
Beginning 90 days after enactment, marijuana, marijuana products, and infused beverages cannot be consumed in publicly accessible areas or moving vehicles. Violations carry punishment under existing Delaware law. The law also expressly preserves bans and penalties for driving under the influence or while impaired by these products.
Some alcohol offenses carry higher fines
People who commit offenses listed in Delaware’s alcohol law at section 903(a) face fines of at least $100, plus costs. The law removes the previous $100 maximum. A person who fails to pay assessed fines and costs faces 30 days in prison.
Federal triggers end infused drink approvals
Infused-beverage licenses, permits, approvals, and authorizations automatically end at the earlier of two federal triggers. The first is the effective date of the specified 2026 federal appropriations law and its hemp-definition amendment, Public Law 119-37, Section 781. The second is the effective date of any federal law changing the hemp definition so a covered beverage becomes a controlled substance. Claimed property interests in those approvals are automatically forfeited, and authority for infused-beverage sales is repealed.
Drink importers must pay for testing
Endorsed Delaware suppliers or importers must deliver incoming infused drinks directly to an authorized Delaware warehouse for physical storage. Importers must notify the Commissioner and hold shipments for inspection, sampling, testing, and approval before sale or distribution. Importers pay for lot sampling large enough to produce reliable testing results. The Commissioner can waive requirements after delivery for previously approved products. Importers cannot sell drinks containing alcoholic liquor, non-Delta-9 THC, or more than 10 milligrams of Delta-9 extract per container.
Drink businesses pay tax per container
Endorsed importers pay a 50-cent tax per infused drink container sold. Endorsed microbreweries and marijuana manufacturers pay the same tax on sales for off-premises consumption. The manufacturing-facility tax does not apply to sales to an importer. Covered businesses must report monthly and pay by the report filing deadline. Revenue goes to the Marijuana Regulation Fund; the law does not require businesses to pass the tax on to buyers.
Infused drinks get tighter safety controls
Marijuana-business rules now cover infused drink storage, transport, testing, labels, advertising, displays, consumer education, and preventing sales to people under 21. They also cover issuing, renewing, suspending, transferring, and revoking beverage permits. Infused drink makers must follow sanitation standards; marijuana, marijuana products, and infused drinks cannot be consumed at marijuana manufacturing sites. Multi-serving liquids too difficult to mark with the standard symbol qualify for an exception only when they meet multi-serving edible packaging rules. Their child-resistant packages must allow measured pours of no more than 10 milligrams of Delta-9 extract per serving, with no more than 60 milligrams per package.
Infused drink makers face ingredient limits
Safety standards cover infused drinks made for sale in Delaware. Makers cannot add alcoholic liquor and may use only Delta-9 extract or allowed non-intoxicating cannabinoids. Each container can contain no more than 10 milligrams of Delta-9 extract. The extract must come from qualifying hemp and use credentialed people, facilities, and approved extraction methods; hydrocarbon extraction is banned. Makers remain subject to testing, investigations, and enforcement.
Drink distributors face warehouse and delivery rules
Authorized suppliers must send infused beverages only to licensed Delaware importers; covered manufacturers’ liquor shipments go only to licensed importers or manufacturers. Imported liquor and infused beverages must be unloaded and stored at licensed Delaware warehouses owned, leased, or operated by licensed importers, wholesalers, or distributors. Importers generally sell only to licensed resellers, but active owners and full-time bona fide employees can buy for personal use, not resale. Sixtel beer sales to licensed liquor resellers remain allowed. Supplier vehicles cannot deliver infused beverages directly to retailers, and peddling is banned. Importer vehicles need firm orders for every loaded drink; drivers must carry destination records, delivery confirmations must be retained, and interstate carriers need waybills.
Sponsors & Cosponsors
Sponsor
Debra Heffernan
Democratic • House
Cosponsors
Alonna Berry
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Daniel Cruce
Democratic • Senate
Stephanie L. Hansen
Democratic • Senate
Edward S. Osienski
Democratic • House
Ray Seigfried
Democratic • Senate
Roll Call Votes
House vote • 7/1/2026
Passed (3/5 required)
Yes: 38 • No: 2
Senate vote • 7/1/2026
Passed (3/5 required)
Yes: 18 • No: 3
House vote • 6/16/2026
Passed (3/5 required)
Yes: 34 • No: 5
Actions Timeline
Signed by Governor
7/23/2026GovernorPassed By House. Votes: 38 YES 2 NO 1 NOT VOTING
7/1/2026HousePassed By Senate. Votes: 18 YES 3 NO
7/1/2026SenateAmendment SA 3 to HB 373 - Passed By Senate. Votes: 16 YES 5 NOT VOTING
7/1/2026SenateAmendment SA 2 to HB 373 - Stricken in Senate
7/1/2026SenateAmendment SA 1 to HB 373 - Stricken in Senate
7/1/2026SenateAmendment SA 3 to HB 373 - Introduced and Placed With Bill
7/1/2026HouseAmendment SA 2 to HB 373 - Introduced and Placed With Bill
7/1/2026HouseAmendment SA 1 to HB 373 - Introduced and Placed With Bill
7/1/2026HouseReported Out of Committee (Finance) in Senate with 4 On Its Merits
6/25/2026SenateAssigned to Finance Committee in Senate
6/24/2026SenateReported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits
6/24/2026SenateAssigned to Banking, Business, Insurance & Technology Committee in Senate
6/16/2026SenatePassed By House. Votes: 34 YES 5 NO 1 NOT VOTING 1 ABSENT
6/16/2026HouseAmendment HA 1 to HB 373 - Passed In House by Voice Vote
6/16/2026HouseAmendment HA 1 to HB 373 - Introduced and Placed With Bill
6/16/2026HouseReported Out of Committee (Appropriations) in House with 4 On Its Merits
6/9/2026HouseAssigned to Appropriations Committee in House
5/5/2026HouseReported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits
5/5/2026HouseIntroduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
4/21/2026House
Bill Text
Current
4/21/2026
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SB 279, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS.
HB 393, AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS.
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