Bill > SB298

This bill aims to clarify the legal status of hemp and hemp-derived cannabinoid products (HDCPs) in Delaware, ensuring they are not mistakenly classified as marijuana or controlled substances. It defines "delta-9 tetrahydrocannabinol concentration" as the amount present in its existing chemical form at the time of testing, and establishes a clear definition for "hemp" as the plant *Cannabis sativa L.* and its derivatives with a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry-weight basis, recognizing it as an agricultural commodity. The bill also defines "hemp-derived cannabinoid product" or "HDCP" as a finished product containing cannabinoids extracted or derived from hemp. Crucially, it mandates that the determination of whether a product is hemp or marijuana for legal purposes, including criminal enforcement and seizure, must be based on testing methods like liquid chromatography that do not alter the chemical composition to artificially increase the delta-9 tetrahydrocannabinol concentration. Products meeting the 0.3% delta-9 tetrahydrocannabinol threshold will not be considered marijuana or controlled substances under Delaware law, and law enforcement cannot rely on testing that alters the chemical composition to classify them as such. The bill also clarifies that possession, transportation, and sale of compliant hemp or HDCPs will not constitute a criminal offense under the state's controlled substances chapter, and requires disclosure of testing methods if the state relies on laboratory results for classification, while also stating that this act does not create new regulatory programs for HDCPs.