House advances package restricting intoxicating hemp/THC products, sets age limit for kratom sales

The Delaware House on June 16 approved a series of bills that reshape the state's approach to hemp- and marijuana-derived intoxicating products and kratom.

Representative Chiquita (sponsor) said House Bill 3 95 clarifies that intoxicating THC consumables —regardless of whether THC originates from marijuana or hemp—must be sold through the licensed, regulated marijuana market and strengthens enforcement tools against sellers of unlicensed or synthetic THC products. "This bill is about public safety," the sponsor said, noting law-enforcement raids that recovered tainted products and fentanyl.

Representative Heffernan described House Amendment 1 to House Bill 3 73, which defines infused beverages and sets testing and taxation requirements (10 mg per serving cap, $8.50 taxation for certain bottle sizes) and moves taxation to a delayed start date at the Department of Finance's request. The House adopted the amendment by voice vote and later passed the bill.

Representative Ross Levin presented House Substitute 1 for House Bill 3 32 to impose a minimum sales age of 21 for kratom products, create a class B misdemeanor for violations, and require agency reporting on testing and potential retailer licensing. He said the measure was prompted by a case involving the death of a minor and called for age gating and further review.

Why it matters: The package tightens the regulatory pathway for high-potency or intoxicating THC products, brings certain hemp-derived intoxicants into the regulated marijuana system, and imposes age limits and enforcement tools for kratom. Sponsors argued the steps are necessary to protect minors and public health; supporters of regulated markets said these bills create clearer enforcement and testing requirements.

The House passed the measures by roll call and voice votes after floor amendments.