Are THC Drinks Legal in Delaware?

The ShipSips Team

Last verified October 16, 2026 against the official sources listed at the end of this page. General information, not legal advice.

Delaware THC drink laws at a glance

Status Allowed — regulated[2][7]
THC limit per serving 10 mg delta-9 per 12 oz+ container[2][5][7]
THC limit per container 60 mg per multi-pack; 170 mg per 750 mL bottle[2][5][7]
Minimum age 21 (from Oct 21, 2026)[1][2]
Where it’s sold Permitted package stores and marijuana retailers[2][5]
Online sales and shipping (state rule) Banned from Oct 21, 2026[2]
Ships from ShipSips See where we ship
Last verified October 16, 2026

Short answer

Changing on October 21, 2026. Under HB 373, delta-9 THC drinks may then be sold only by licensed package stores with a THC beverage permit and licensed marijuana retailers, for off-premises use, to adults 21 and over: up to 10 mg per single-serve container of at least 12 oz. Sales by mail, phone, online or third-party delivery are banned from that date.[2][7]

HB 373 (85 Del. Laws c. 394, signed 2026-07-23) takes effect 2026-10-21. From then on, Δ9 THC 'infused beverages' may be sold only by licensed package stores (with an OABCC permit) and retail marijuana stores, for off-premises consumption and only to buyers 21+. Caps are 10 mg per can (12 oz or larger), 60 mg per multipack, and 170 mg per 750 ml bottle. Sales by mail or other remote means are banned. The authorization repeals itself when the federal hemp-definition change takes effect. Until Oct 21, Delaware has no beverage-specific rules beyond the 0.3% Δ9-THC hemp definition.[2][7]

Delta-9 THC drinks in Delaware: what’s allowed

  • Limit per serving: 10 mg Delta-9 extract per single-serving infused beverage container, which must be at least 12 oz (4 Del. C. §1302 / §1309A(a)(2)a, as added by HB 373, eff. 2026-10-21)[2][5][7]
  • Limit per container or package: 60 mg Delta-9 extract per package of multiple single-serving containers; 170 mg per 750 ml bottle (§1309A(a)(2)b–c, eff. 2026-10-21). Before Oct 21: no mg cap; products must be ≤0.3% Δ9-THC dry weight (Δ9 + 0.877 × THCA per DATE notice).[2][5][7]
  • How THC is counted: Delta-9 only[2][5][7]
  • Delta-8, THCA and other cannabinoids: Infused beverages may contain only 'Delta-9 extract' (Δ9 extracted from USDA-program hemp, 'not converted or synthesized from other cannabinoids') plus non-intoxicating cannabinoids (CBD, CBG, CBN, CBC); no alcohol and no other THC (Δ8, Δ10, etc.). DATE's retailer notice requires zero synthetic cannabinoids or non-naturally-occurring THC isomers.[2]

Age and purchase rules in Delaware

  • Minimum age: 21 (4 Del. C. §708 and §1312 as amended by HB 373; 'Consumer' defined as 21+ in §1302), effective 2026-10-21[1][2]
  • Where it can be sold: From 2026-10-21: only licensed package stores holding an OABCC infused-beverage permit, licensed microbreweries with a permit, and licensed retail marijuana stores; off-premises consumption only. Beverages must be shelved in a separate THC section with signage.[2][5]
  • Seller licenses: Retail sellers need a Delaware package-store license plus an OABCC permit, or a retail marijuana store license. Manufacturers, including out-of-state manufacturers licensed in their home state, need an OMC 'infused beverage endorsement' and may sell only to a licensed Delaware importer. Importers/wholesalers need an OMC endorsement, warehouse delivery, and testing before distribution. There is no path for an out-of-state retailer to sell to Delaware consumers.[2][5]
  • Online sales, shipping and delivery: Banned from 2026-10-21. No infused beverage may be sold to a Delaware consumer by third-party delivery or by mail, telephonic, or electronic means. The only exception is a package store's own web orders for in-store pickup or curbside. All shipments into Delaware must go through a licensed importer's Delaware warehouse (§1335G). OABCC says beverages may join package-store alcohol delivery orders if the law is still in effect in January 2027.[2]

How the federal hemp rule affects Delaware

Federal law is a separate layer on top of Delaware law. A federal law signed November 12, 2025 rewrites the federal definition of hemp so that finished products may contain no more than 0.4 milligrams of total THC per container. A second law signed September 2, 2026 delays most of that change until December 11, 2026; until then it applies only to products made with cannabinoids the cannabis plant can’t produce naturally. Follow the dates on our federal hemp rule tracker.[F1][F2]

Pending bills and local rules in Delaware

  • HB 395 w/ HA 1: would redefine hemp by total THC and route consumable products over 0.4 mg total THC per container into the licensed marijuana system, effective on the federal hemp-definition change date. Passed House 2026-06-16 (35–4); in Senate Health & Social Services Committee; not enacted.[3]
  • OMC/OABCC implementation of HB 373 (permits, wholesaler endorsements, THC symbol regulation)[5]
  • Local rules: None found (not specifically searched).

Does ShipSips ship to Delaware?

This page is information only. See where we ship for our current shipping list; checkout checks every address against it.

Delaware THC drink FAQ

Is delta-9 THC legal in Delaware?

Changing on October 21, 2026. Under HB 373, delta-9 THC drinks may then be sold only by licensed package stores with a THC beverage permit and licensed marijuana retailers, for off-premises use, to adults 21 and over: up to 10 mg per single-serve container of at least 12 oz. Sales by mail, phone, online or third-party delivery are banned from that date.

Does Delaware law allow online sales or shipping of THC drinks?

Banned from 2026-10-21. No infused beverage may be sold to a Delaware consumer by third-party delivery or by mail, telephonic, or electronic means. The only exception is a package store's own web orders for in-store pickup or curbside. All shipments into Delaware must go through a licensed importer's Delaware warehouse (§1335G). OABCC says beverages may join package-store alcohol delivery orders if the law is still in effect in January 2027.

What is the THC limit for drinks in Delaware?

Per serving: 10 mg Delta-9 extract per single-serving infused beverage container, which must be at least 12 oz (4 Del. C. §1302 / §1309A(a)(2)a, as added by HB 373, eff. 2026-10-21) Per container or package: 60 mg Delta-9 extract per package of multiple single-serving containers; 170 mg per 750 ml bottle (§1309A(a)(2)b–c, eff. 2026-10-21). Before Oct 21: no mg cap; products must be ≤0.3% Δ9-THC dry weight (Δ9 + 0.877 × THCA per DATE notice).

What is the minimum age for THC drinks in Delaware?

21 (4 Del. C. §708 and §1312 as amended by HB 373; 'Consumer' defined as 21+ in §1302), effective 2026-10-21

What changes for Delaware with the federal hemp rule?

The federal cap of 0.4 milligrams of total THC per container is scheduled to apply to most hemp products from December 11, 2026, on top of Delaware law. See the federal hemp rule tracker for the latest dates.

What changed and when

  • July 23, 2026: HB 373 (THC-infused beverages) signed; 85 Del. Laws c. 394[1]
  • October 21, 2026: HB 373 effective: beverage caps, 21+, package-store/marijuana-store-only sales, ban on mail/electronic sales; non-compliant beverages must be off package-store shelves[1]
  • February 1, 2027: HB 373 tax provisions effective ($0.50 per container, 4 Del. C. §581A)[1]
  • Not verified: HB 373 contingent sunset: all infused-beverage authorizations end automatically when the P.L. 119-37 federal hemp definition (7 U.S.C. 1639o) takes effect, or any federal law makes such beverages controlled substances[2]

What we couldn’t confirm

  • Whether the final enrolled chapter of HB 373 matches the amended bill text we read.
  • Whether Delaware restricts direct shipping of hemp drinks before October 21, 2026.
  • When HB 373 sunsets; it is tied to the federal effective date.

THC drink laws in states near Delaware

Sources

Official sources first. Each was checked on the date shown.

  1. HB 373 bill detail (85 Del. Laws c. 394) (official; checked October 16, 2026)
  2. HB 373 as amended by HA 1 and SA 3, engrossed text (official; checked October 16, 2026)
  3. HB 395 bill detail (official; checked October 16, 2026)
  4. HA 1 to HB 395 (official; checked October 16, 2026)
  5. OABCC THC-infused Beverages Permit Requirements (Oct 2026) (official; checked October 16, 2026)
  6. OABCC Fall 2026 communication on HB 373 (seen via search extract; direct fetch blocked) (official; checked October 16, 2026)
  7. 3 Del. C. ch. 28 (Industrial Hemp) (official; checked October 16, 2026)
  8. DATE Hemp Product Retailer Notice (seen via search extract; direct fetch returned no text) (official; checked October 16, 2026)
  9. Marijuana Herald, HB 373 signing (secondary, for context only; checked October 16, 2026)

General information, not legal advice. Hemp laws change often; check the official sources above and your local rules. ShipSips sells only to adults 21 and over.

Back to blog