# Delaware HB 373: AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA. Delaware HB 373, AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA., is a 153rd General Assembly (2024–2026) House bill sponsored by Debra Heffernan (Democratic); status signed, last action 2026-07-23 (Signed by Governor); PRIA reads it as touching household money (as of 2026-10-11). - Canonical: https://policyrisk.com/state-bill/DE-HB373-153 - As of: 2026-10-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware HB 373 - State: Delaware - Session: 153rd General Assembly (2024–2026) - Title: AN ACT TO AMEND TITLE 4 AND TITLE 16 OF THE DELAWARE CODE RELATING TO ALCOHOL AND MARIJUANA. - Status: signed - Chamber: House - Introduced: 2026-04-21 - Last action: 2026-07-23, Signed by Governor - Sponsor: Debra Heffernan (Democratic) - Cosponsors: 6 - Touches household money: yes - Roll calls: 3 (90 yes, 10 no in all) - Economic provisions PRIA read: 24 ## Summary No summary available. ## Bill overview: provisions PRIA read - Package stores can offer free tastings: benefit, low. 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: benefit, low. 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: benefit, low. 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 la… - Alcohol buyers lose specific sales bans: benefit, low. The Commissioner or Division no longer has the repealed authority to bar alcohol sales to someone who habitually drinks to excess.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 al… - Consumers gain inspections and complaint testing: benefit, low. 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 t… - Consumers get THC limits and warnings: benefit, low. 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 ing… - Justice Department gains marijuana fund access: benefit, low. 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 cha… - Drink businesses face fines and license loss: cost, medium. 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 o… - Drink makers and sellers need approvals: cost, medium. 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… - Consumers face public use and driving limits: cost, low. 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… - Some alcohol offenses carry higher fines: cost, low. 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: cost, low. 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… - Drink importers must pay for testing: cost, low. 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 l… - Drink businesses pay tax per container: cost, low. 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… - Adults gain protected marijuana use rights: mixed, medium. 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 u… - More stores sell drinks with limits: mixed, medium. 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 a… - Underage sales limits preserve medical access: mixed, medium. 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 pe… - Alcohol businesses face tighter licensing limits: mixed, medium. 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… - Beverage businesses get permits with fees: mixed, medium. 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 imp… - Drink sellers face hours and Sunday fees: mixed, medium. 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; nor… - Microbreweries gain drink sales with fees: mixed, medium. 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 whole… - Infused drinks get tighter safety controls: mixed, low. 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 sani… - Infused drink makers face ingredient limits: mixed, low. 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… - Drink distributors face warehouse and delivery rules: mixed, low. 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… ## Sponsors and cosponsors - Sponsor: Debra Heffernan (Democratic), House - Cosponsor: Alonna Berry (Democratic), House - Cosponsor: Nnamdi O. Chukwuocha (Democratic), House - Cosponsor: Daniel Cruce (Democratic), Senate - Cosponsor: Stephanie L. Hansen (Democratic), Senate - Cosponsor: Edward S. Osienski (Democratic), House - Cosponsor: Ray Seigfried (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-07-01 | House | Passed (3/5 required) | pass | 38 | 2 | | | 2026-07-01 | Senate | Passed (3/5 required) | pass | 18 | 3 | | | 2026-06-16 | House | Passed (3/5 required) | pass | 34 | 5 | | ## Actions (20) - 2026-07-23: Signed by Governor (Governor) - 2026-07-01: Passed By House. Votes: 38 YES 2 NO 1 NOT VOTING (House) - 2026-07-01: Passed By Senate. Votes: 18 YES 3 NO (Senate) - 2026-07-01: Amendment SA 3 to HB 373 - Passed By Senate. Votes: 16 YES 5 NOT VOTING (Senate) - 2026-07-01: Amendment SA 2 to HB 373 - Stricken in Senate (Senate) - 2026-07-01: Amendment SA 1 to HB 373 - Stricken in Senate (Senate) - 2026-07-01: Amendment SA 3 to HB 373 - Introduced and Placed With Bill (House) - 2026-07-01: Amendment SA 2 to HB 373 - Introduced and Placed With Bill (House) - 2026-07-01: Amendment SA 1 to HB 373 - Introduced and Placed With Bill (House) - 2026-06-25: Reported Out of Committee (Finance) in Senate with 4 On Its Merits (Senate) - 2026-06-24: Assigned to Finance Committee in Senate (Senate) - 2026-06-24: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits (Senate) - 2026-06-16: Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate) - 2026-06-16: Passed By House. Votes: 34 YES 5 NO 1 NOT VOTING 1 ABSENT (House) - 2026-06-16: Amendment HA 1 to HB 373 - Passed In House by Voice Vote (House) - 2026-06-16: Amendment HA 1 to HB 373 - Introduced and Placed With Bill (House) - 2026-06-09: Reported Out of Committee (Appropriations) in House with 4 On Its Merits (House) - 2026-05-05: Assigned to Appropriations Committee in House (House) - 2026-05-05: Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits (House) - 2026-04-21: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House (House) ## Bill text - Current, 2026-04-21: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143145&legislationTypeId=1&docTypeId=2) ## Related bills - HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house) - HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed) - SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed) - HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed) - SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed) ## Sources - [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143145&legislationTypeId=1&docTypeId=2) ## Related - [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153) - [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153) - [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153) - [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153) - [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153) - [Delaware bills](https://policyrisk.com/states/delaware/bills) - [Delaware state hub](https://policyrisk.com/states/delaware) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/DE-HB373-153 (as of 2026-10-11).