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

Plain English Breakdown

Checked against official source text during the last sync.

Delaware Hemp Regulation Act

This act sets up rules for selling, distributing, and using hemp-derived cannabinoid products (HDCPs) in Delaware, including age limits, testing requirements, and a new tax.

What This Bill Does

• Creates the 'Delaware Hemp Regulation Act' to set rules for hemp-derived cannabinoid products (HDCPs).
• Requires people who want to sell HDCPs off their property to get a license from the Office of the Marijuana Commissioner (OMC).
• Limits access to HDCPs to those 21 years old or older and sets security standards for licensed places.
• Needs all HDCPs to be tested by accredited labs before they can be sold, and requires clear labels that don't attract kids.
• Gives the Division of Alcohol and Tobacco Enforcement (DATE) and OMC power to check if rules are followed and take action on noncompliant products.
• Adds a 6% tax on HDCPs when they're sold.

Who It Names or Affects

• People who want to sell or buy hemp-derived cannabinoid products in Delaware.
• The Office of the Marijuana Commissioner (OMC) and the Division of Alcohol and Tobacco Enforcement (DATE).

Terms To Know

Hemp-derived cannabinoid products (HDCPs)

Products made from hemp plants that contain certain chemicals called cannabinoids.

Office of the Marijuana Commissioner (OMC)

The office in Delaware responsible for issuing licenses and regulating marijuana-related businesses.

Limits and Unknowns

• This act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution mandates three-fifths of the members elected to each house of the General Assembly to impose or levy a tax.
• The final regulations by the OMC must be published within one year of enactment.

Official Summary Text

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE REGULATION OF HEMP PRODUCTS.
This Act establishes "The Delaware Hemp Regulation Act" under Title 4 of the Delaware Code to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products (HDCPs) in the State. It authorizes the Office of the Marijuana Commissioner (OMC) to issue retail licenses for off-premises consumption of HDCPs.
The Act implements age-verification requirements, limiting access to individuals 21 years of age or older, and mandates security and zoning standards for all licensed premises. Furthermore, it requires all HDCPs to undergo potency and contaminant testing by accredited laboratories and establishes strict labeling requirements to prevent products from appealing to children. To ensure compliance, the Act empowers the Division of Alcohol and Tobacco Enforcement (DATE) and the OMC to conduct inspections and provides for the immediate embargo or destruction of noncompliant products.
This Act imposes a 6% excise tax on the retail sales of all HDCPs. The Act takes effect immediately and must be implemented within one year of enactment or upon the publication of final regulations by the OMC.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.