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Committee hears bill to restrict THC‑infused beverages to regulated retailers and require testing

Senate Banking, Business Insurance, Technology Committee · June 24, 2026
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Summary

Senator Cruz presented HB 373 to define and regulate hemp‑derived delta‑9 THC‑infused beverages: 10 mg delta‑9 per container limit, sales limited to packaged stores and licensed retail marijuana stores, testing requirements, placement away from alcohol products, and a 50¢ per‑container wholesale tax to fund marijuana regulation.

Senator Cruz presented House Bill 373 (with House Amendment 1), saying the measure would place initial guardrails around hemp‑derived THC‑infused beverages. The bill defines the product, limits total delta‑9 extract to 10 milligrams per container, requires sales only in packaged stores and licensed retail marijuana stores for off‑site consumption, and prohibits on‑premises restaurant service because of the absence of ServSafe training for THC beverages.

Cruz said the bill would require testing for THC content and harmful substances, place these beverages in a clearly marked section away from alcohol mixers and marijuana products, and allow packaged stores to accept and fulfill online orders with in‑store pickup or curbside delivery. “This bill requires that hemp derived THC infused beverages is to only be sold in packaged stores and licensed retail marijuana stores for off‑site consumption,” the senator said.

Industry testimony in support came from Bob Trostle, vice president of state industry relations for Breakthrough Beverage, representing the Delaware Alcoholic Beverage Wholesalers Association, who said wholesalers back the bill as necessary guardrails. No committee questions recorded in the transcript, and the committee moved on after public comment. The transcript does not record a committee vote on HB 373 during this session.