4 Del. C. § 1309A: Lawful sale of infused beverages [Effective Oct. 21, 2026].

(a) No infused beverage may be sold or offered for sale in this State unless all of the following apply:

(1) The infused beverage is sold or offered for sale to consumers for off-premises consumption by a licensed package store or retail marijuana store.

(2) The infused beverage contains, or is advertised, labeled, or offered for sale as containing delta-9 extract that does not exceed the following limits:

a. 10 milligrams of delta-9 extract per single-serving infused beverage container.

b. 60 milligrams of delta-9 extract per package containing multiple single-serving infused beverage containers.

c. 170 milligrams per 750 milliliter bottle.

(3) The infused beverage does not contain alcoholic liquors.

(4) The infused beverage does not contain any THC other than delta-9 extract or nonintoxicating cannabinoids.

(5) The infused beverage meets all packaging, labeling, advertising, product testing, sampling, and safety standards for infused beverages established in the regulations adopted under this chapter and in the State of Delaware Food Code, 16 DE Admin. Code 4458, or any successor regulation, and provided that:

a. No infused beverage may be sold or offered for sale to any consumer in this State by third-party delivery or by way of any indirect means, including by mail, telephonic, or electronic means, except that a package store may accept and fulfill orders placed electronically through the store’s webpage or other electronic application for infused beverages to be picked up in-store or for curbside delivery.

b. No infused beverage sold or offered for sale in this State may be packaged, labeled, or advertised in any manner designed to make the product appealing to children.

c. Each infused beverage container sold or offered for sale in this State must prominently display a symbol, in a size and format approved by the Commissioner by regulation, that indicates that the infused beverage contains THC and is not legal or safe for individuals younger than 21 years of age.

(6) The infused beverage is sold in a container that is securely sealed by the manufacturer and is designed to prevent consumption without removal of the seal.

(7) The infused beverage is stored separately from alcoholic liquors or marijuana products and is offered for sale in a designated section of the store, separate and apart from alcoholic liquors, nonalcoholic mixers, marijuana, and marijuana products, with clear signage that states the products contain THC.

(b) No supplier, importer, manufacturer, marijuana establishment, package store, or agent or employee of a supplier, importer, manufacturer, marijuana establishment, or package store may gift or transfer an infused beverage to a consumer, at no cost to the consumer, as part of a commercial transaction.

(c) The Alcoholic Beverage Control Commissioner and the Marijuana Commissioner may each summarily fine, suspend, revoke, or cancel any license or endorsement the Office of Alcoholic Beverage Control Commissioner or the Office of the Marijuana Commissioner has issued to any person who violates any provision of this section.

(d) A violation of this section shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.