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SB 298

AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO HEMP.

153rd General Assembly (2025-2026) Introduced by Kyra Hoffner and 1 co-sponsor

Delaware SB 298 updates hemp regulation to establish licensing, testing, labeling, and enforcement standards for producers, processors, retailers, and labs.

Re-Assigned to Executive Committee in Senate
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Bill Summary · SB 298

Summary of SB 298 (Session 153) – Delaware

Title

AN ACT TO AMEND TITLES 3 AND 16 OF THE DELAWARE CODE RELATING TO HEMP

Purpose and Intent

SB 298 seeks to amend Delaware’s statutory framework governing hemp, with the goal of updating, clarifying, or expanding regulations related to hemp production, handling, commerce, and related activities under Titles 3 (Food, Drugs, and Cosmetics; Agriculture) and 16 (General Provisions) of the Delaware Code. The bill is intended to address hemp-specific issues within the agricultural and regulatory landscape, potentially aligning state law with evolving federal guidance and industry practices.

Key Provisions and Changes (as described by the bill’s title and standard legislative practice)

Note: The exact word-for-word text of the provisions is not provided here. The following outlines reflect typical areas such amendments address when modifying hemp law in Delaware. If you review the bill text, look for sections detailing licensing, oversight, and compliance requirements.

  • Hemp Regulation and Licensing (Titles 3 and 16):

    • Establishment or modification of state licensing authority and requirements for hemp producers, processors, manufacturers, distributors, and retailers.
    • Clarification of eligibility criteria, license durations, renewal processes, and potential fees.
    • Provisions aligning hemp activities with state agricultural policy and enforcement mechanisms.

  • Industrial Hemp Definitions and Scope:

    • Refinement of definitions for “hemp,” “cannabis,” and related terms to distinguish hemp (with low delta-9 THC) from marijuana.
    • Specification of allowable products and uses (e.g., fiber, seed, CBD products) and any product-specific restrictions.

  • THC Potency and Testing Standards:

    • Establishment or adjustment of permissible delta-9 THC limits for hemp products.
    • Requirements for product testing, accreditation of laboratories, and chain-of-custody provisions to ensure compliance.

  • Quality, Packaging, and Labeling:

    • Standards for product packaging, labeling, and consumer disclosures to ensure safety and traceability.
    • Consumer protection provisions related to misrepresentation or adulteration.

  • Agricultural Compliance and Enforcement:

    • Authority for state agencies to inspect, sample, and enforce hemp-related regulations.
    • Penalties for noncompliance, including license suspensions, revocations, fines, or other sanctions.

  • Interagency Coordination:

    • Provisions for coordination between the Department of Agriculture, the Department of Health and Social Services, or other relevant agencies to regulate hemp products and ensure public safety.

  • Federal Consistency and Local Authorities:

    • Language to ensure consistency with federal laws and allow local consideration or exemptions where applicable.

  • Civil Penalties and Remedies:

    • Mechanisms for civil actions or administrative remedies in cases of violation.

Who Would be Affected

  • Hemp Producers and Growers: Individuals or entities cultivating hemp would be subject to licensing, testing, and compliance requirements.
  • Processors and Manufacturers: Entities processing hemp biomass into finished products (e.g., oils, fibers, textiles, CBD products) would need to meet standards and licensing.
  • Retailers and Distributors: Businesses handling hemp-derived products would face labeling, packaging, and compliance rules.
  • Laboratories and Test Facilities: Accredited labs conducting hemp product testing would be regulated through testing standards and certification processes.
  • Consumers: Public safety provisions and labeling requirements aim to protect consumers from misrepresented or unsafe hemp products.
  • State Agencies: Departments of Agriculture and potentially Health and Social Services would administer, enforce, and coordinate hemp regulations.

Procedural and Timeline Aspects

  • Introduced and Assigned to Agriculture Committee (Senate): Action taken on May 4, 2026.
  • Next Steps (typical): Committee review, potential amendments, floor consideration by the Senate, and eventual reconciliation with any House version (if applicable) before final passage and executive action.

Remarks

  • Co-sponsors include Senator Sean Lynn and Senator Kyra Hoffner, indicating bipartisan or cross-chamber support for the measure.
  • The bill’s specifics (exact text, definitions, fees, and timelines) would determine the precise regulatory impact. For a complete understanding, review the bill’s full text and any accompanying fiscal notes or committee reports.

If you’d like, I can incorporate the exact statutory language and line-item details from the bill text once provided.

Compiled from official sources — confirm details with the bill’s official record.

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