Delaware hemp

Status: the state hemp definition is VERIFIED against official text (quoted below). Other state rules (licensing, retail, THC limits beyond the definition) are not yet verified.

[L1] State definition (3 Del. C. § 2801(2)), quoted from official text: "(2) “Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." Source: 3 Del. C. § 2801(2), official state legislature/code site
[L1] Federal definition: "hemp" means Cannabis sativa L. and any part of that plant with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (as codified at time of capture; see federal change page). Source: 7 U.S.C. 1639o, GovInfo
[L1] Federal default plan: the USDA plan under 7 U.S.C. 1639q governs hemp production in a State only where no State plan is approved under 1639p. Source: 7 U.S.C. 1639q, GovInfo

Browser-read official text (batch 6)

[L1] Delaware: "Infused beverage" definition (no alcohol; only delta-9 extract THC). Quoted (browser-read 2026-10-29, partial): "(15) “Infused beverage” means a beverage intended for human consumption that meets all of the following criteria: a. The beverage does not contain “alcoholic liquor” as defined in § 101 of this title. b. The beverage is not infused with any THC other than delta-9 extract. c. The beverage contains, or is advertised, labeled, or offered for sale as containing total delta-9 extract that does not exceed 10 milligrams per infused beverage container. d. The beverage contains, or is advertised, labeled, or o [text cut at tool limit] ..." Source: 4 Del. C. §1302 (infused beverage definition)

Official text (batch 7b)

[L4] Delaware: Hemp products not affected by infused-beverage chapter (amendment text). Quoted (browser-read, manual check): "§ 1313A. Hemp products not affected. Nothing in this chapter or in any regulation adopted under this chapter may be construed to do any of the following: (1) Prohibit or restrict the manufacture, distribution, or sale of hemp products or cannabinoid products that are not infused beverages, provided that such products are produced and sold in compliance with applicable federal and State hemp laws or regulations and any other applicable State or federal food, drug, consumer safety, or other regulations." Source: Del. HB 373 (153rd GA), Senate Amendment 3 text adding 4 Del. C. § 1313A (enactment/effective date UNVERIFIED; not asserted)

Thynk Industries, DBA Zero Human Thynk — The nation's premier cannabis, hemp, kratom, psychedelics, peptides & nicotine compliance experts since 2009. Trial policy wiki; not legal advice.

Authority tiers: L1 statute, L2 final/temporary rule, L3 official guidance, L4 pending bill/proposed rule, L5 news/lead/commentary (never law). Sources checked: 2026-10-30.