A new measure making its way through Delaware’s state legislature could change how and where THC-infused beverages are sold. House Bill 98, introduced by Representative Debra Heffernan, proposes moving these drinks out of bars and restaurants and limiting their sale to licensed package stores. The bill has already passed the committee stage, and Heffernan expects it to become law before the legislative session ends.
The legislation aims to shift THC drinks into Delaware’s traditional alcohol distribution model, known as the three-tier system. This structure includes producers, distributors, and retailers like liquor stores. By fitting THC beverages into this established framework, the state hopes to bring clarity and oversight to a product category that currently exists in a legal gray zone.
The bill also includes provisions for other hemp-derived consumables, such as edibles and vapes. These products would be restricted to cannabis facilities that don’t yet operate in Delaware. Heffernan said work on the legislation started back in 2024, though it wasn’t formally introduced until May 2025.
Her motivation, she says, is rooted in public health and safety. She pointed out that there are currently no training standards for serving THC drinks in hospitality settings, making it difficult for servers or consumers to know safe consumption limits.
Most of the drinks in question are made with hemp, not marijuana. While both contain Delta-9 THC, the legal distinction hinges on concentration. Under U.S. law, anything with less than 0.3% Delta-9 THC is considered hemp. Anything stronger is legally classified as cannabis.
Due to the vague language in the 2018 Farm Bill, hemp products have faced far fewer restrictions than marijuana. As a result, hemp-based THC drinks are widely available across the U.S., including in Delaware, where they’re sold in liquor stores and elsewhere. In 2024, the market for these beverages surpassed $3 billion globally.
HB 98 also directs Delaware’s cannabis regulatory office to collect and test samples of the beverages before they reach distributors. This is meant to ensure they meet safety standards. Lawmakers argue that liquor stores are better equipped to handle these sales because they already have safeguards to prevent underage access.
In recent years, Delaware state agencies have started cracking down on unauthorized THC sales. The Department of Justice issued warnings in 2024, and alcohol regulators admitted they lacked the knowledge to properly advise businesses on the legality and safety of THC-infused drinks.
Cannabis attorney Peter Murphy weighed in saying that while legal uncertainty remains, the legislation could benefit both liquor stores and future cannabis dispensaries. According to him, the bill may reshape who controls THC-infused products, moving them from loosely regulated sellers into a more defined—and likely more competitive—market.
This progressive approach being undertaken in Delaware is likely to attract commendation from the wider marijuana industry, including from major companies like Curaleaf Holdings Inc. (TSE: CURA) (OTCQX: CURLF).
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