THC Infused Beverages
Delaware’s infused beverage endorsement, established under House Bill 373 (153rd General Assembly) signed on July 23, 2026, is a regulatory endorsement administered by the Office of the Marijuana Commissioner. Delaware’s infused beverage endorsement allows approved businesses to make and sell non alcoholic drinks infused with small, controlled amounts of Delta 9 THC. These products must follow strict state rules for potency, safety, labeling, testing, and packaging, and can only be sold through licensed liquor stores, marijuana dispensaries, or authorized microbreweries. Companies pay licensing fees and must follow Delaware’s tax rules for infused beverages, helping ensure these products are responsibly manufactured, clearly labeled, and sold only to adults in regulated locations.
Key Provisions
Scope and Definition
Applies only to non-alcoholic beverages infused with THC (Delta 9 extract), not exceeding specific potency limits:
- Single-serving: up to 10mg total THC
- Multi-pack: up to 60mg total THC
- 750mL bottle: up to 170mg total THC
License Types & Fees
| License/Endorsement Type | Application Fee | Renewal Fee |
|---|---|---|
| Standard infused beverage endorsement (manufacturers/importers) | $1,500 | $1,000 |
| Social equity or microbusiness entities | $600 | $400 |
| Sunday sales in retail marijuana stores | — | $500 (biennial) |
| Microbrewery authorization (sale for off-premises) | $100 plus $100 Inspection | $200 (biennial) |
Tax & Sales Channels
- Tax: $0.50 per single-serving container; $8.50 per 750 mL bottle
- Distribution: Sales limited to licensed liquor stores, marijuana dispensaries, or authorized microbreweries — for off-premises consumption only
Regulatory Oversight
- Mandatory testing, labeling, and packaging standards
- Strict tracking and reporting requirements via state systems
Effective Dates
- Most regulations and industry-authorizations effective by October 21, 2026
- Taxation provisions begin on February 1, 2027