Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

4 Del. C. § 1335F: Infused beverage manufacturing requirements [For application of section, see 85 Del. Laws, c. 394, § 5] [Effective Oct. 21, 2026].

(a) Upon proper application and subject to the applicable provisions, restrictions, and prohibitions under this title and regulations promulgated under this title, the Commissioner may grant an infused beverage manufacturing endorsement to any of the following:
(1) A manufacturer licensed by the Alcohol Beverage Control Commissioner under § 512A, § 512B, § 512C, or § 512E of this title.
(2) A marijuana product manufacturing facility licensed under § 1335 of this title.
(3) A marijuana product manufacturing microbusiness licensed under § 1340 of this title.
(4) A marijuana product manufacturing facility holding a conversion license under § 1335D of this title.
(b) A manufacturer that manufactures infused beverages intended to be sold or offered for sale in this State must comply with the following:
(1) The manufacture may not manufacture any infused beverage containing alcoholic liquor.
(2) The manufacturer may not include any cannabinoids in an infused beverage except for delta-9 extract or nonintoxicating cannabinoids, including cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and cannabichromene (CBC).
(3) The manufacturer may not manufacture an infused beverage with a delta-9 extract that exceeds 10 milligrams per single-serving infused beverage container or 170 milligrams per 750 milliliter bottle.
(4) The manufacturer may not obtain any THC for the purpose of manufacturing an infused beverage unless the THC is a delta-9 extract, and no manufacturer may use any THC product other than a delta-9 extract to manufacture an infused beverage. The delta-9 extract used to manufacture an infused beverage must meet the following requirements:
a. The delta-9 was extracted from hemp grown by 1 of the following:
1. A hemp producer, as evidenced by a certificate of authenticity issued by the hemp producer and a copy of the hemp grower’s state-issued license.
2. A licensed hemp grower regulated by a state, territory, or federally recognized Indian tribe, and in accordance with a state or tribal plan approved by the United States Department of Agriculture, as evidenced by a certificate of authenticity issued by the licensed hemp grower.
b. The delta-9 extract meets all of the following criteria:
1. The delta-9 extract was extracted by a person who is actively credentialed by a state or federally recognized Indian tribe to extract hemp, as evidenced by a certificate of authenticity issued by the person who is actively credentialed to extract hemp and a copy of the hemp grower’s state-issued license.
2. The delta-9 extract was extracted in a facility that is credentialed by a state or federally recognized Indian tribe, as evidenced by a certificate of authenticity issued by the facility that is credentialed to extract hemp and a copy of the hemp grower’s state-issued license.
3. The delta-9 extract was extracted from hemp using 1 of the following processes:
A. Mechanical extraction, such as dry screens, sieves, presses, potable water and ice made from potable water, cryogenic or subzero manufacturing not involving a solvent, or pressure and temperature.
B. Chemical extraction using a nonvolatile solvent such as a non-hydrocarbon-based or other solvent such as water, vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin. Non-hydrocarbon-based solvents must be food grade.
C. Chemical extraction using a closed loop extraction system approved by the Commissioner.
D. Alcohol (ethanol) extraction.
(5) The manufacturer may not manufacture any infused beverage using the hydrocarbon extraction method for extraction, which is not authorized for human consumption.
(6) The manufacturer must comply with all standards and requirements of this title and regulations promulgated by the Commissioner.
(7) The manufacturer is subject to the testing provisions under § 1335G of this title.
(8) The manufacturer is subject to the investigation and enforcement provisions under § 1310 of this title.

Where this section sits in the code

Title 4. Alcoholic Liquors and Marijuana
CHAPTER 13. The Delaware Marijuana Control Act
Subchapter III. Regulation and Licensure

(1) A manufacturer licensed by the Alcohol Beverage Control Commissioner under § 512A, § 512B, § 512C, or § 512E of this title.

(2) A marijuana product manufacturing facility licensed under § 1335 of this title.

(3) A marijuana product manufacturing microbusiness licensed under § 1340 of this title.

(4) A marijuana product manufacturing facility holding a conversion license under § 1335D of this title.

(b) A manufacturer that manufactures infused beverages intended to be sold or offered for sale in this State must comply with the following:

(1) The manufacture may not manufacture any infused beverage containing alcoholic liquor.

(2) The manufacturer may not include any cannabinoids in an infused beverage except for delta-9 extract or nonintoxicating cannabinoids, including cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and cannabichromene (CBC).

(3) The manufacturer may not manufacture an infused beverage with a delta-9 extract that exceeds 10 milligrams per single-serving infused beverage container or 170 milligrams per 750 milliliter bottle.

(4) The manufacturer may not obtain any THC for the purpose of manufacturing an infused beverage unless the THC is a delta-9 extract, and no manufacturer may use any THC product other than a delta-9 extract to manufacture an infused beverage. The delta-9 extract used to manufacture an infused beverage must meet the following requirements:

a. The delta-9 was extracted from hemp grown by 1 of the following:

1. A hemp producer, as evidenced by a certificate of authenticity issued by the hemp producer and a copy of the hemp grower’s state-issued license.

2. A licensed hemp grower regulated by a state, territory, or federally recognized Indian tribe, and in accordance with a state or tribal plan approved by the United States Department of Agriculture, as evidenced by a certificate of authenticity issued by the licensed hemp grower.

b. The delta-9 extract meets all of the following criteria:

1. The delta-9 extract was extracted by a person who is actively credentialed by a state or federally recognized Indian tribe to extract hemp, as evidenced by a certificate of authenticity issued by the person who is actively credentialed to extract hemp and a copy of the hemp grower’s state-issued license.

2. The delta-9 extract was extracted in a facility that is credentialed by a state or federally recognized Indian tribe, as evidenced by a certificate of authenticity issued by the facility that is credentialed to extract hemp and a copy of the hemp grower’s state-issued license.

3. The delta-9 extract was extracted from hemp using 1 of the following processes:

A. Mechanical extraction, such as dry screens, sieves, presses, potable water and ice made from potable water, cryogenic or subzero manufacturing not involving a solvent, or pressure and temperature.

B. Chemical extraction using a nonvolatile solvent such as a non-hydrocarbon-based or other solvent such as water, vegetable glycerin, vegetable oils, animal fats, or food-grade glycerin. Non-hydrocarbon-based solvents must be food grade.

C. Chemical extraction using a closed loop extraction system approved by the Commissioner.

D. Alcohol (ethanol) extraction.

(5) The manufacturer may not manufacture any infused beverage using the hydrocarbon extraction method for extraction, which is not authorized for human consumption.

(6) The manufacturer must comply with all standards and requirements of this title and regulations promulgated by the Commissioner.

(7) The manufacturer is subject to the testing provisions under § 1335G of this title.

(8) The manufacturer is subject to the investigation and enforcement provisions under § 1310 of this title.

Collected 2026-09-05T23:02:04Z. Source file · JSON

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