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Committee considers bill to reclassify high‑THC hemp products as marijuana and tighten enforcement
Summary
HB395 would treat any consumable with total THC above 0.4 mg per container as a marijuana product subject to dispensary‑level testing and labeling, create new misdemeanors and felony upgrades for unlicensed sellers and target illicit storefronts; industry groups warned it could criminalize existing hemp retailers.
Senator Townsend presented House Bill 395, which aims to close a regulatory loophole by defining as "marijuana products" any consumable that contains total THC above 0.4 milligrams per container, and by explicitly including Delta‑7, ‑8, ‑9 and ‑10 variants and synthetic cannabinoids. The substitute would extend testing, labeling and age‑restriction requirements that apply to licensed dispensaries to any intoxicating product, and create criminal penalties for unlicensed operations (Class A misdemeanors; Class G felony enhancements for offenses near schools/parks or involving minors).
Josh Sanderlin, Delaware’s Marijuana Commissioner, told the committee the Office of the Marijuana Commissioner supports the bill and said federal rule changes scheduled for Nov. 12 (as referenced in testimony) will also narrow the federal loophole that has allowed out‑of‑state producers to circulate high‑THC products marketed as hemp.
Opponents, including Zoe Patchell of the Delaware Cannabis Advocacy Network, asked senators to vote no on HB395, saying the measure would criminalize lawful local hemp businesses and consolidate the market. Committee members raised questions about thresholds, how to identify "good actors" in smoke‑shop and hemp retail spaces, and about regulatory coordination with the Office of Marijuana Commissioner; no committee vote was taken during the hearing.
