THC beverage endorsements end automatically as federal hemp limits take effect

Section 4 of Delaware's infused beverage law (Volume 85, Chapter 394) provides that every license, endorsement, approval, or authorization to make, distribute, or sell infused beverages automatically terminates, and all authorization for their sale is deemed repealed, on the effective date of the federal Section 781 hemp amendments or of a later federal act that would make these beverages controlled substances. The statute names no calendar date. Congress applied the Section 781 limits that reach these beverages from December 11, 2026 (P.L. 119-103, Section 2019), and the Office of the Alcoholic Beverage Control Commissioner has told licensees the law will expire if the federal change takes effect in December 2026. Selling infused beverages without an active endorsement remains unlawful. A further federal delay would move this date.

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