Delaware Lawmakers Advance Competing Hemp THC Bills in Same Session

Two Bills, Two Frameworks

House Bill 285 and Senate Bill 147 advanced out of committee on the same day, each offering a distinct approach to regulating intoxicating hemp cannabinoids including delta-8 THC, delta-10 THC, and THCA. HB 285, sponsored by Rep. Melissa Minor-Brown, would require all hemp retailers to obtain a state license from the Delaware Division of Alcohol and Tobacco Enforcement and mandate third-party lab testing for potency and contaminants. The bill sets a 10 mg THC serving limit. It caps packages at 100 mg for edibles. Both limits mirror Delaware's adult-use cannabis regulations that took effect in 2025.

SB 147, introduced by Sen. Jack Walsh, takes a lighter regulatory approach. It prohibits sales to individuals under 21 and bans products exceeding 0.3 percent delta-9 THC by dry weight — the federal hemp definition — but doesn't create a new licensing regime or mandate lab testing beyond voluntary industry standards. Instead, the bill directs the Delaware Department of Agriculture to issue guidance on labeling and child-resistant packaging within 90 days of enactment.

Licensing and Testing Divide

The core policy split centers on whether Delaware should fold hemp-derived intoxicants into its existing cannabis regulatory structure or treat them as a separate agricultural product subject to lighter oversight. Under a strict reading of HB 285, any retailer selling delta-8 or THCA products after the bill's effective date would need to apply for a hemp retail license, pay an annual fee of $2,500, and submit all products for testing by a state-accredited laboratory. Retailers currently selling hemp products in gas stations, smoke shops, and convenience stores would face a compliance deadline of January 1, 2027.

SB 147 imposes no new licensing burden. Retailers would need to verify customer age and ensure products meet the 0.3 percent delta-9 threshold, but existing businesses could continue operating without state approval. The bill does authorize the Department of Agriculture to conduct random product sampling and issue cease-and-desist orders for non-compliant products — yet it doesn't establish a pre-market approval process.

Fiscal and Enforcement Implications

HB 285 projects $1.8 million in annual licensing revenue and allocates $900,000 to the Division of Alcohol and Tobacco Enforcement for two new compliance officers and a testing oversight coordinator. The bill includes a 7 percent excise tax on wholesale hemp THC transactions, mirroring the tax structure applied to adult-use cannabis. Revenue from the tax would flow into Delaware's General Fund, with no earmark for hemp agriculture or public health programs.

SB 147 carries no fiscal note. It generates no new revenue. Enforcement would fall to existing Department of Agriculture staff, who currently oversee the state's industrial hemp program under the 2018 Farm Bill. The bill doesn't authorize additional headcount or funding for compliance inspections, raising questions about enforcement capacity if the unregulated hemp market continues to expand. Delaware issued 47 industrial hemp cultivation licenses in 2025, but the state doesn't track the number of retailers selling finished hemp products.

Both bills now move to their respective chamber floors for a full vote. If both pass, the Delaware General Assembly would need to reconcile the competing frameworks in conference committee before sending a final version to Gov. Matt Meyer. For full background on this story, see the CannIntel topic hub on Delaware Hemp THC Regulation. The legislative session ends June 30, 2026. That leaves five weeks to resolve the policy split.