Delaware2025Passed Legislature

HS2FORHB401

The Delaware Hemp Regulation Act

Last scannedAug 24, 2026, 10:01 AM

In one sentence

This law creates rules for selling and buying hemp-derived products in Delaware, including who can sell them, how they must be tested, age limits, and a tax on sales.

Authorizes the Office of the Marijuana Commissioner to issue retail licenses for stores that sell hemp-derived cannabinoid products (HDCPs) only for off-site consumption.
Requires all HDCP retailers to verify customer age so only people 21 or older can enter and buy these items, including using security devices at entrances.
Mandates that every product be tested by an accredited lab for strength and harmful substances before it is sold.
Sets a limit of 10 milligrams of THC per serving and restricts containers to no more than 10 servings total.
Imposes a 9% tax on the retail sale of all HDCPs, with money going into the Marijuana Regulation Fund.

Businesses that want to sell hemp-derived cannabinoid products in Delaware.
People who are 21 years old or older and wish to purchase these products.
The Office of the Marijuana Commissioner, which manages licenses and rules.
The Division of Alcohol and Tobacco Enforcement, which helps inspect stores and enforce laws.

The exact rules for packaging and product limits will be written later by the Office of the Marijuana Commissioner.
This law ends automatically if a specific federal amendment to Section 297A of the Agricultural Marketing Act becomes effective.

Plain language

HDCP: A finished product made from hemp that contains cannabinoids for human use. This does not include drinks with hemp.
THC: Delta-9-tetrahydrocannabinol, a chemical found in cannabis plants.
Provisional license: A temporary permit given to stores that were already selling these products before the law started. It is valid for one year while they finish background checks.

Official record

Source attached

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE REGULATION OF HEMP PRODUCTS.