Bill > HB395

This bill amends Delaware law concerning hemp, marijuana, and marijuana products by updating definitions and establishing new offenses. It clarifies that "industrial hemp" is defined by its total THC concentration, which is a measure of all THC compounds in a substance, not just delta-9 THC, and this definition is now linked to a broader definition of "total THC" in Title 4. The bill also introduces new definitions for "cannabinoids," "CBD" (cannabidiol, a non-intoxicating cannabinoid), "container" (the direct packaging for retail sale), "counterfeit THC ingredient" (synthetic or artificially manufactured cannabinoids), "marijuana products" (products with a total THC exceeding 0.4 milligrams per container, excluding infused beverages), and "nonintoxicating cannabinoid" (like CBD). It also broadens the definition of "THC" to include various forms like delta-8 and delta-10 THC, while excluding certain FDA-approved or medical-use products. Furthermore, the bill creates new offenses for maintaining an unlicensed marijuana establishment, with penalties ranging from misdemeanors to felonies depending on factors like proximity to schools or the involvement of minors, and establishes penalties for selling marijuana or marijuana products to minors. The Commissioner's powers are expanded to include determining allowable ingredients in marijuana products, and the definition of "marijuana" is updated to exclude industrial hemp unless it's used in a marijuana product, and to include viable hemp seeds with low THC content and federally compliant hemp products being transported through the state.