Skip to main content
Delaware House Republicans

General Assembly Wrestles with Competing Approaches on Hemp Products

May 15, 2026
Black and white hemp leaves background with a green hemp leaf on the left and a black leaf on the right with red and black arrows in the middle pointing at the leaves representing the hemp regulation debate.

In an effort to encourage the development and use of sustainable hemp products, the 2018 federal Farm Bill created a carve-out for a wide range of items that previously would have been banned because of the plant’s close relationship with marijuana.

In fact, hemp and marijuana are the same plant species, but classified differently due to their relative levels of THC, the naturally occurring chemical responsible for marijuana’s intoxicating effects.

However, the federal legislation inadvertently created a regulatory gap, allowing the unregulated marketing of hemp-derived products containing less than a certain threshold amount of THC. Operating within the law, countless manufacturers and retailers began marketing a wide range of intoxicating hemp-derived products.

Federal law was tightened last year, and new standards are set to take effect this November. However, that has not stopped Delaware state legislators from wading into the debate.

On Wednesday, the House Health & Human Development Committee considered House Bill 395. The measure would largely shut down the sale of hemp-derived cannabinoids, requiring products containing them to be distributed through state-licensed marijuana businesses and subject to the same regulations applying to that industry.

Supporters of the bill argue that unregulated hemp-derived cannabinoids (e.g., delta-8, delta-9, delta-10) are often as potent as marijuana, yet are sold in gas stations and other retail establishments without age restrictions, safety testing, or proper packaging.

However, at the committee hearing, hemp-product retailers argued that the state is fear-mongering, noting that they have operated throughout the state for years without any major issues. They say state officials are using scare tactics to eliminate established competitors, as state-licensed marijuana businesses struggle to launch and find their footing in the marketplace.

House Bill 395 contains no provisions for current hemp product retailers, so its enactment would immediately force these establishments to close.

The sponsors of Senate Bill 298 and House Bill 401 are taking a different approach.

The former bill would draw a legal, definable distinction between legal hemp-derived cannabinoid products and marijuana and controlled substances. The latter measure, called the Delaware Hemp Regulation Act, seeks to create a comprehensive regulatory framework for the sale, distribution, and consumption of hemp-derived cannabinoid products in the state.

House Bill 395 has been released from committee and is on the House Ready List for possible action by the chamber. Senate Bill 298 and House Bill 401 are pending consideration in separate committees.

Recent Updates


Filter by Category

Two New Bills Seek to Help Working Delawareans

Two bills under consideration at Legislative Hall seek to help working Delawareans keep more of the money they earn and increase the affordability of childcare. House Bill 387, a bipartisan measure sponsored by State Reps. Jeff Hilovsky, in photo (R-Long […]

Two New Bills Seek to Help Working Delawareans

Bill Seeking Review of Motor-Voter Data Clears Committee

In June 2023, Delaware’s enhanced motor-voter law went into effect. Under the statute, every voting-age person who completes an application for the issuance or renewal of their Delaware driver’s license, learner’s permit, or identification card with the Division of Motor […]

Bill Seeking Review of Motor-Voter Data Clears Committee

Two New Bills Seek to Help Working Delawareans

Two bills under consideration at Legislative Hall seek to help working Delawareans keep more of the money they earn and increase the affordability of childcare. House Bill 387, a bipartisan measure sponsored by State Reps. Jeff Hilovsky, in photo (R-Long […]

Two New Bills Seek to Help Working Delawareans

Bill Seeking Review of Motor-Voter Data Clears Committee

In June 2023, Delaware’s enhanced motor-voter law went into effect. Under the statute, every voting-age person who completes an application for the issuance or renewal of their Delaware driver’s license, learner’s permit, or identification card with the Division of Motor […]

Bill Seeking Review of Motor-Voter Data Clears Committee

Delaware’s First Inspector General Sworn Into Office

After being confirmed by the Delaware State Senate on Thursday, Governor Matt Meyer swore in Robert Storch as the state’s first Inspector General at Legislative Hall. Senate Bill 4 (as amended), creating a nonpartisan, independent Office of the Inspector General, […]

Delaware’s First Inspector General Sworn Into Office

Honoring Fallen Officers

Hundreds of police officers, elected officials, and citizens gathered on a rain-soaked Legislative Mall on Wednesday for the 53rd Annual Delaware Law Enforcement Officers Memorial Service. The observation is held on the first Wednesday in May to pay tribute to […]

Honoring Fallen Officers

State Rep. Jeff Hilovsky Not Seeking Reelection

For Immediate Release: Thursday, May 7, 2026For More Information: Joseph Fulgham, 302-744-4184 State Rep. Jeff Hilovsky (R-Long Neck, Oak Orchard) announced today that he will not seek reelection this fall. The two-term legislator said his decision was mainly motivated by […]

State Rep. Jeff Hilovsky Not Seeking Reelection

The Road to Equity: Delaware’s Property Reassessment Crisis

by Rep. Mike Smith For the first time in over 40 years, Delaware underwent a comprehensive statewide property reassessment. This process has understandably caused “sticker shock” and frustration for many. It is essential to clarify that this was not a […]

The Road to Equity: Delaware’s Property Reassessment Crisis

Time to Transform Delaware Public Education

By Dr. Jeff Hilovsky, State Representative, District 4 The world is changing nearly faster than we can react. Education in Delaware can lead the way by wisely incorporating Artificial Intelligence (AI) into classrooms now. Education must change, as the centuries-old […]

Time to Transform Delaware Public Education

New Law Mandates Students Receive Financial Literacy Education

Hundreds of students, state officials, and educators joined State Rep. Jeff Hilovsky on Thursday at Delaware State University as his financial literacy education legislation was ceremonially signed into law by Gov. Matt Meyer. Three years in the making, House Substitute […]

New Law Mandates Students Receive Financial Literacy Education