Key takeaways
Delaware's THC beverage law, House Bill 373, took effect Oct. 21, 2026. Approved liquor stores, marijuana retailers and some microbreweries can now sell nonalcoholic delta-9 drinks for off-site use.
Drinks are capped at 10 mg per single-serve container, 60 mg per multipack and 170 mg per 750 mL bottle.
The endorsement costs $1,500 to apply and $1,000 to renew, or $600 and $400 for social equity and microbusiness manufacturers. A per-container tax starts Feb. 1, 2027.
A contingent sunset ends every endorsement automatically once the federal hemp redefinition takes effect. Federal enforcement for most hemp products is set for Dec. 11, 2026.
Delaware THC beverages can now be sold legally in the state, but the window may be short. The new law puts low-dose delta-9 drinks on liquor store and dispensary shelves, and it also builds in an automatic off switch tied to federal hemp law.
House Bill 373 was signed July 23, 2026 and took effect Oct. 21, 90 days after enactment. The Office of the Marijuana Commissioner (OMC) runs the new infused beverage endorsement and has posted an application guide that was last revised Oct. 8.
What Delaware's THC beverage law allows
An infused beverage has to be nonalcoholic, and the only THC allowed is a delta-9 extract from hemp grown under the USDA hemp program. Nonintoxicating cannabinoids such as CBD, CBG, CBN and CBC are also allowed. Manufacturers can't use hydrocarbon extraction.
Drinks can be sold only for off-premises consumption, in sealed containers, by package stores holding a state permit, retail marijuana stores and authorized microbreweries. Third-party delivery and mail orders are banned, but a package store can take online orders for in-store pickup or curbside.
Applicants can include alcohol suppliers, importers and manufacturers licensed by the Alcohol Beverage Control Commissioner, Delaware marijuana product manufacturers and microbusinesses, and licensed out-of-state beverage makers that sell to a Delaware importer.
Delaware THC drink limits, fees and key dates
Item | Rule under HB 373 |
|---|---|
Single-serve container | Up to 10 mg delta-9 extract, in a container of at least 12 ounces |
Multipack | Up to 60 mg total |
750 mL bottle | Up to 170 mg |
Endorsement application | $1,500, or $600 for social equity or microbusiness manufacturers |
Endorsement renewal (every 2 years) | $1,000, or $400 for social equity or microbusiness manufacturers |
Sunday sales at marijuana retailers | $500 biennial endorsement |
Microbrewery authorization | $100 plus a $100 inspection fee; $200 biennial renewal |
Tax | $0.50 per single-serve container and $8.50 per 750 mL bottle, starting February 1, 2027 |
Effective date | October 21, 2026 |
How importing and testing work
Every shipment has to land in a Delaware importer's licensed warehouse and stay there, at rest, until OMC samples and tests it. The importer can't sell the product until the Commissioner approves it, and the importer pays for the testing. The commissioner can waive these steps for products it has already approved.
The tax is collected at the importer or manufacturer level, not at the register. Delaware's regular marijuana retail tax doesn't apply to infused beverages sold by package stores or marijuana retailers.
The federal sunset clause in Delaware's THC beverage law
“Any license, endorsement, approval, or authorization issued under this Act which allows the holder to manufacture, distribute, sell, offer for sale, or possess an infused beverage authorized under this Act will automatically terminate”
The trigger is the effective date of the federal hemp redefinition in Section 781 of Public Law 119-37, or any later federal law that would make these drinks controlled substances. Cannabis Business Times reports that Congress delayed most of those federal restrictions to Dec. 11, 2026.
That means Delaware's tax start date of Feb. 1, 2027 falls after the federal date. Exactly how the sunset reads against Congress's delay is a fair question to put to OMC or your counsel.
What this means for operators
Confirm your underlying license. An endorsement is automatically suspended or canceled if your alcohol or marijuana license is.
Document your delta-9 source. OMC wants certificates of authenticity from the grower, the extractor and the extraction facility, plus the grower's state license.
Size the bet to the window. Weigh the $1,500 fee and your first orders against a market that may close when federal rules hit.
Set up a separate shelf. Drinks need their own section, apart from alcohol, mixers and marijuana, with clear signage that they contain THC.
Plan for testing time. Product sits in the importer's warehouse until it's sampled and approved, so build that delay into launch dates.
Know the penalties. Violations can cost $250 or up to 10% of your average monthly infused-beverage sales, whichever is greater.
What this means for cannabis workers
If you work a liquor store or dispensary counter, ID checks matter. A first sale to someone under 21 carries a $250 to $500 civil penalty, and repeat violations within 5 years can reach $10,000.
Free samples are off the table, since the law bars giving drinks away as part of a sale. At package stores, containers have to leave with seals unbroken, and drinking on site isn't allowed anywhere.
The bigger picture
Delaware launched adult-use marijuana sales in August 2025, according to The Marijuana Herald. HB 373 opens a second retail channel for THC through liquor stores.
Related on The Weekly Joint: Illinois will treat hemp over 0.4 mg THC as cannabis starting Nov. 12 · California cannabis laws add COA, beverage and packaging rules · Browse all issues
Sources
This article is general information, not legal advice. For endorsement questions, contact the Delaware Office of the Marijuana Commissioner at (302) 244-3662.
Get the week in cannabis business, every Tuesday
The Weekly Joint covers regulation, licensing, money and the cannabis workforce, with every story linked to its source. Free, once a week.
Prefer the scroll? Follow @weeklyjoint on Instagram.
