Delaware HB 395

The General Assembly recognizes that Delaware’s industrial hemp farmers and processors play an important role in the State’s agricultural economy and that non-intoxicating industrial hemp products are lawful and should continue to be cultivated, produced, and sold in accordance with state and federal law. Nothing in this Act is intended to criminalize lawful industrial hemp or disrupt the legitimate industrial hemp industry. The General Assembly finds that an unregulated market for intoxicating THC consumable products has emerged in Delaware, notwithstanding prior legislation making clear that intoxicating products derived from the cannabis plant are marijuana and must be sold only in licensed, regulated establishments. Intoxicating consumable products containing high levels of THC are now widely available in retail outlets, many of which operate in and target our most vulnerable communities. These products are frequently sold without age restrictions, product testing, potency limits, or meaningful labeling, and are often marketed in ways that make them especially appealing and accessible to minors. This Act reaffirms Delaware’s commitment to a responsible adult-use marijuana industry by ensuring that all cannabis-related products sold in this State meet the highest standards of health and safety. To that end, the Act strengthens the requirement that consumable products containing a specified level of THC, regardless of their source, be sold only through licensed establishments and be subject to appropriate regulatory oversight. By ensuring these products are integrated into Delaware’s existing, comprehensive regulatory framework for adult-use marijuana—which includes stringent testing, labeling, packaging, and age-restriction requirements—this Act safeguards public health and prevents unregulated intoxicating THC consumable products from undermining the safety protections established for Delawareans, particularly children and adolescents.