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HA1TOHB373 • 2025

This amendment allows an infused beverage to be manufactured and sold in a 750 milliliter bottle.

This amendment allows an infused beverage to be manufactured and sold in a 750 milliliter bottle.

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Heffernan
Last action
2026-06-16
Official status
Passed 6/16/26
Effective date
Not listed

Plain English Breakdown

The exact date the law becomes active depends on when it is officially enacted into law, as the text states '90 days after its enactment' rather than a fixed calendar date.

Amendment Allowing Larger Bottles for Infused Beverages

This law allows manufacturers to sell infused beverages in 750 milliliter bottles with specific limits on Delta-9 extract and delays the start of new taxes until February 1, 2027.

What This Bill Does

  • Allows infused beverages to be manufactured and sold in a 750 milliliter bottle size.
  • Sets a tax rate of $8.50 for each 750 milliliter bottle of infused beverage.
  • Limits the amount of Delta-9 extract to no more than 170 milligrams per 750 milliliter bottle.
  • Delays the start date for collecting taxes on these beverages until February 1, 2027.

Who It Names or Affects

  • Manufacturers who make infused beverages
  • Businesses that sell infused beverages in bottles or containers

Terms To Know

Infused beverage
A drink for people to consume that does not contain alcoholic liquor and is only infused with Delta-9 extract.
Delta-9 extract
The specific type of THC allowed in the beverage, which must stay within set limits per container or bottle size.

Limits and Unknowns

  • The law takes effect 90 days after it is signed into law, except for tax rules that start on February 1, 2027.
  • It does not specify if these new limits apply to beverages already made before the effective date.

Bill History

  1. 2026-06-16 Delaware General Assembly

    Introduced and Placed With Bill

  2. 2026-06-16 Delaware General Assembly

    Passed In House by Voice Vote

Official Summary Text

This amendment allows an infused beverage to be manufactured and sold in a 750 milliliter bottle. This amendment also delays the imposition and collection of taxes on infused beverages to February 1, 2027.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Heffernan

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 373

AMEND House Bill No. 373 by deleting line 195 in its entirety and inserting in lieu thereof the following:

“

(c) The tax payable for infused beverages is $0.50 per single-serving infused beverage container and $8.50 per 750 milliliter bottle.

”.

FURTHER AMEND House Bill No. 373 by deleting lines 300 through 306 in their entirety and inserting in lieu thereof the following:

“

( ) “Infused beverage” means a beverage intended for human consumption that meets all of the following criteria:

a. The beverage does not contain alcoholic liquor as defined in § 101 of this title.

b. The beverage is not infused with any THC other than Delta-9 extract.

c. The beverage contains, or is advertised, labeled, or offered for sale as containing total Delta-9 extract that does not exceed 10 milligrams per infused beverage container

.

d. The beverage contains, or is advertised, labeled, or offered for sale as containing total Delta-9 extract that does not exceed 170 milligrams in a 750 milliliter bottle.

( ) “Infused beverage container” means any of the following:

a. A single-serving beverage container with no less than 12 ounces that contains, or is advertised, labeled, or offered for sale as containing, total Delta-9 extract that does not exceed 10 milligrams.

b. A 750 milliliter bottle that contains, or is advertised, labeled, or offered for sale as containing, total Delta-9 extract that does not exceed 170 milligrams.

”.

FURTHER AMEND House Bill No. 373 by deleting lines 366 through 368 in their entirety and inserting in lieu thereof the following:

“(2) The infused beverage contains, or is advertised, labeled, or offered for sale as containing Delta-9 extract that does not exceed the following limits:

a. 10 milligrams of Delta-9 extract per single-serving infused beverage container.

b. 60 milligrams of Delta-9 extract per package containing multiple single-serving infused beverage containers.

c. 170 milligrams per 750 milliliter bottle.

”.

FURTHER AMEND House Bill No. 373 by deleting lines 438-439 in their entirety and inserting in lieu thereof the following:

“

n. The serving size of each infused beverage may not exceed the following limits:

1. 10 milligrams of Delta-9 extract per single-serving infused beverage container.

2. 60 milligrams of Delta-9 extract per package containing multiple single-serving infused beverage containers.

3. 170 milligrams per 750 milliliter bottle.

”.

FURTHER AMEND House Bill No. 373 by deleting lines 529 through 530 in their entirety and inserting in lieu thereof the following:

“

(3) The manufacturer may not manufacture an infused beverage with a Delta-9 extract that exceeds 10 milligrams per single-serving infused beverage container or 170 milligrams per 750 milliliter bottle.

”.

FURTHER AMEND House Bill No. 373 by deleting lines 572 through 574 in their entirety and inserting in lieu thereof:

“

(3) Delta-9 extract in a quantity that exceeds 10 milligrams per single-serving infused beverage container or 170 milligrams per 750 milliliter bottle. For purposes of this paragraph, advertising, labeling, or offering a container for sale as containing total THC that exceeds 10 milligrams per single-serving container or 170 milligrams per 750 milliliter bottle is a violation, regardless of the actual content of the container.

”.

FURTHER AMEND House Bill No. 373 by deleting line 678 in its entirety and inserting in lieu thereof:

“Section 3. This Act takes effect 90 days after its enactment into law, except that § 581A of Title 4 as created under this Act, relating to the imposition and collection of taxes, takes effect on February 1, 2027.”.

SYNOPSIS

This amendment allows an infused beverage to be manufactured and sold in a 750 milliliter bottle. This amendment also delays the imposition and collection of taxes on infused beverages to February 1, 2027.