Delta-8 and Hemp THC Laws in Delaware

Delaware's drug schedules list 'any tetrahydrocannabinols' in Schedule I with an exception only for FDA-approved products, while 'industrial hemp' (cannabis with no more than 0.3% delta-9 THC on a dry-weight basis) is excluded from the definition of marijuana; the statutes read do not separately address delta-8 or other hemp-derived THC products. House Bill 373 (signed July 23, 2026; 85 Del. Laws c. 394) creates a regulatory framework for THC-infused beverages (manufacturing, testing, product standards, retail sales, a per-container tax), raises civil penalties for selling infused beverages to people under 21, and lets beverage sales sunset if federal law changes the definition of hemp; the legislature lists its effective dates as October 21, 2026 and February 1, 2027. The Office of the Marijuana Commissioner states that the only products the state recognizes as safe are those bought from licensed retailers.