Delaware committee hears bill to require intoxicating THC products be sold through licensed marijuana market

Representative Chiquucha, sponsor of House Bill 3 95, told the House Health Committee the bill is “about public safety” and would require intoxicating THC consumable products—regardless of whether they originate from hemp or marijuana—to be sold only through Delaware’s licensed marijuana system. She said many high‑potency gummies, vapes and other products are being sold without testing, child‑safe packaging or age verification and are marketed in ways that appeal to minors.

The committee invited Josh Sanderlin, Delaware Marijuana Commissioner, to explain technical changes. Sanderlin described the legal distinction between hemp and marijuana as a “legal fiction” and said the bill focuses on the intoxicating compound: “THC is the intoxicating part of the plant.” He told legislators the measure adopts a total‑THC standard (a 0.4‑milligram‑per‑container threshold that mirrors recent federal guidance) so that producers cannot rely on a precursor measurement—THCA versus delta‑9—to evade limits.

Committee members pushed on how the bill will affect existing hemp retailers and so‑called smoke shops. Sanderlin said the state issued up to 125 licenses and had awarded roughly 90, but relatively few licensees are fully operational; he said the intent is to give noncompliant sellers a pathway into the regulated market while giving state agencies tools to shut down outlets that sell untested intoxicants.

Enforcement testimony from the Division of Alcohol & Tobacco Enforcement backed up the sponsor’s concern about unregulated outlets. Lieutenant Mike Loazzo said the division conducts undercover buys and has sent “70 letters” to over 60 businesses after tests found products above the legal threshold; his most recent figures extended through April 21.

Public comment split sharply. Licensed operators, public‑health specialists and industry compliance advocates urged the committee to support HB 3 95 for food‑safety testing and age‑gating. Jennifer Stark, CEO of Coastal CBD and the Farm Dispensary, said her companies test products and that a regulated system protects seniors and other consumers; Emily Wilkins, a cannabis education specialist, told the committee the bill establishes an enforceable standard for finished products.

By contrast, owners and representatives of hemp retailers and small smoke‑shop operators warned the bill would criminalize federally legal hemp products and threaten hundreds of small businesses and families. Joseph Daniels, owner of Hidden Stash in Laurel, said, “If this bill passes, it will be detrimental to my business,” and called for clearer transitions for legacy sellers. Tom Donovan of the Delaware Cannabis Advocacy Network argued the measure risks re‑creating criminal penalties without a social‑equity pathway for long‑standing operators.

After several hours of questions and public testimony, committee members debated procedural motions. A motion to table failed to obtain the committee majority required. A subsequent motion to release the bill was moved and seconded; the chair announced the roll call did not produce the required tally immediately and said staff would 'walk' members to collect votes or signatures following the meeting.

Next steps: committee staff will collect votes/signatures per the chair’s statement; the bill remains before the House Health Committee for further action.