Delaware 153rd General Assembly Status: Introduced 1 D cosponsors

HS 1 for HB 401 -HA 1 — DE Hemp Regulation Act/Establish

Last action — Lieu/Substituted

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House. Introduced June 30, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill establishes a comprehensive regulatory framework for hemp-derived cannabinoid products in Delaware.

The Delaware Hemp Regulation Act creates regulations for the sale and consumption of hemp-derived cannabinoid products. It includes age restrictions, testing requirements, labeling guidelines, and imposes an excise tax on sales.

What this means for you
  • Workers: Workers in the hemp retail industry may need to undergo background checks as part of the licensing process.
  • Consumers: Consumers will have access to regulated hemp-derived cannabinoid products with guaranteed safety testing and labeling.
  • Small Business: Small businesses will need to adhere to new licensing, security, and zoning requirements to sell hemp-derived cannabinoid products.

Summary

House Substitute No. 1 for House Bill No. 401 establishes "The Delaware Hemp Regulation Act" under Title 4 of the Delaware Code to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products (HDCPs) in the State. It authorizes the Office of the Marijuana Commissioner (OMC) to issue retail licenses for off-premises consumption of HDCPs. The Act implements age-verification requirements, limiting access to individuals 21 years of age or older, and mandates security and zoning standards for all licensed premises. Furthermore, it requires all HDCPs to undergo potency and contaminant testing by accredited laboratories and establishes strict labeling requirements to prevent products from appealing to children. To ensure compliance, the Act empowers the Division of Alcohol and Tobacco Enforcement (DATE) and the OMC to conduct inspections and provides for the immediate embargo or destruction of noncompliant products. This Act imposes a 6% excise tax on the retail sales of all HDCPs. The Act takes effect immediately and must be implemented within one year of enactment or upon the publication of final regulations by the OMC. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. House Substitute No. 1 for House Bill No. 401 differs from the original in that it adds a new section to address Division of Revenue enforcement powers and collection authority. It also does the following: (1) restricts the servings per container to 10; (2) prohibits the display of grafitti, cartoon and animal references, and bubble letters on the exterior of HDCP retailers; (3) increases the license cost to $15,000; (4) strikes language referencing local control: (5) requires out-of-state manufacturers to have a Delaware business license; (6) Adds a minimum distance requirement between HDCP retail establishments; (7) Adjusts the showing an HDCP must make regarding for how long and how much of their business has been in HDCP retail prior to this Act; (8) adds explicit administrative enforcement authority for DATE; (9) adds language requiring a national background check in addition to a Delaware background check.

Bill Text

We don't have the full text on file for this bill yet.

Read HS 1 for HB 401 -HA 1 on the official Delaware source →

Action History

  1. Lieu/Substituted

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

Show all 61 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety taxation health-insurance agriculture
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Frequently asked questions

What does HS 1 for HB 401 -HA 1 do?
House Substitute No. 1 for House Bill No. 401 establishes "The Delaware Hemp Regulation Act" under Title 4 of the Delaware Code to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products (HDCPs) in the State. It authorizes the Office of the Marijuana Commissioner (OMC) to issue retail licenses for off-premises consumption of HDCPs. The Act implements age-verification requirements, limiting access to individuals 21 years of age or older, and mandates security and zoning standards for all licensed premises. Furthermore, it requires all HDCPs to undergo potency and contaminant testing by accredited laboratories and establishes strict labeling requirements to prevent products from appealing to children. To ensure compliance, the Act empowers the Division of Alcohol and Tobacco Enforcement (DATE) and the OMC to conduct inspections and provides for the immediate embargo or destruction of noncompliant products. This Act imposes a 6% excise tax on the retail sales of all HDCPs. The Act takes effect immediately and must be implemented within one year of enactment or upon the publication of final regulations by the OMC. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. House Substitute No. 1 for House Bill No. 401 differs from the original in that it adds a new section to address Division of Revenue enforcement powers and collection authority. It also does the following: (1) restricts the servings per container to 10; (2) prohibits the display of grafitti, cartoon and animal references, and bubble letters on the exterior of HDCP retailers; (3) increases the license cost to $15,000; (4) strikes language referencing local control: (5) requires out-of-state manufacturers to have a Delaware business license; (6) Adds a minimum distance requirement between HDCP retail establishments; (7) Adjusts the showing an HDCP must make regarding for how long and how much of their business has been in HDCP retail prior to this Act; (8) adds explicit administrative enforcement authority for DATE; (9) adds language requiring a national background check in addition to a Delaware background check.
Who sponsors HS 1 for HB 401 -HA 1?
HS 1 for HB 401 -HA 1 is sponsored by Sean M. Lynn (Democratic).
What is the current status of HS 1 for HB 401 -HA 1?
This bill has been introduced in the House. Introduced June 30, 2026. It must pass committee before a floor vote.
Where can I track HS 1 for HB 401 -HA 1?
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