Are THC Drinks Legal in Delaware? (2026)

Are THC drinks legal? Every state

Tier

schedule i

Effective

2023-04-23

What the record says

Delaware’s Schedule I at 16 Del. C. 4714(d)(19) covers any preparation containing any quantity of tetrahydrocannabinols not approved by the U.S. Food and Drug Administration, with the hemp carve-out in the marijuana definition at 16 Del. C. 4701(28), effective April 23, 2023. HB 98 (2025), which would have created a licensed THC beverage channel with a 10 milligram per container cap, was withdrawn in June 2025 and not re-passed as of July 18, 2026, so beverages remain within Schedule I. Retail sale of hemp-derived Delta-9 THC beverages in Delaware is prohibited, and the absence of a carve-out is effectively prohibitive at retail.

Controlling language, verbatim

Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Maryland Gray area
• THC drinks in New Jersey Restricted
• THC drinks in Pennsylvania Gray area

Related

• Delta-9 THC in Delaware: every form
• THC ban in Delaware
• Every compound in Delaware
• THC drink brands on file (5)

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