DOVER, Delaware — The General Assembly recessed Delaware’s 153rd General Assembly session. Prior to adjourning, the General Assembly passed key pieces of legislation that will further strengthen Delaware’s marijuana regulatory framework.
“These legislative updates provide important clarity and structure as Delaware continues to build a responsible and effective marijuana program,” said Commissioner Sanderlin. “The Office appreciates the work of legislators, stakeholders, and members of the public who contributed to these efforts and looks forward to implementing these changes in a way that supports public safety, regulatory consistency, and transparency.”
Key legislative accomplishments include:
Senate Bill 75, sponsored by Senator Paradee with additional sponsorship from Representative Osienski, was enacted following a successful veto override on July 1, 2026. The legislation establishes statewide standards for certain county restrictions on marijuana establishments, including requirements related to retail marijuana operations, zoning, and licensing.
SB 75 clarifies that medical marijuana compassion centers with conversion licenses for retail marijuana stores may continue operating as nonconforming uses, establishes minimum allowable operating hours for retail marijuana stores, and sets parameters for local restrictions on cultivation and retail locations.
Senate Bill 226, sponsored by Senator Pinkney, with additional sponsorship from Senator Hoffner and Representatives Kamela Smith and Minor-Brown, was signed by the Governor on May 21, 2026. The legislation addresses medical marijuana access for terminally ill patients in health care facilities.
SB 226 requires health care facilities to permit patients who possess a valid medical marijuana registry identification card and have a terminal illness to use medical marijuana on the facility’s premises, subject to certain restrictions and medical considerations. The legislation also provides protections from civil, criminal, or professional liability for individuals and facilities acting in compliance with the law, except in cases of gross negligence, recklessness, or intentional misconduct.
House Bill 271, sponsored by Representative Osienski, was signed by the Governor on June 24, 2026. The legislation clarifies that marijuana establishment spacing requirements apply only to retail marijuana licenses, allowing non-retail operations such as cultivation, manufacturing, and testing facilities to operate without additional spacing restrictions while preserving the Commissioner’s licensing and enforcement authority.
House Bill 373, sponsored by Representative Heffernan, establishes a regulatory framework for the manufacture, distribution, and sale of THC-infused beverages in Delaware. The legislation creates requirements for manufacturers, importers, testing, product standards, retail sales, and consumer protections. It also establishes enforcement provisions and a $0.50 per-container tax on infused beverages.
“These measures represent important progress in ensuring Delaware’s marijuana program continues to operate with clear standards and appropriate oversight,” said Commissioner Sanderlin. “The Office of the Marijuana Commissioner remains committed to implementing these laws effectively and supporting a safe, transparent, and well-regulated industry.”