Title 4 — Alcoholic Liquors and Marijuana

Chapter 1 General Provisions

§ 101 Definitions [Effective until Oct. 21, 2026].

§ 101 Definitions [Effective Oct. 21, 2026].

§ 102 Statewide application; exceptions.

§ 103 Effective date; extent of effectiveness.

§ 104 Sale or shipment out of State.

Chapter 2 Transition Provisions

§ 201 Transition provisions.

Chapter 3 Delaware Alcoholic Beverage Control Commissioner

§ 301 Delaware Alcoholic Beverage Control Commissioner; Appeals Commission; qualifications; appointment; term; compensation.

§ 302 Location of office [Repealed].

§ 303 Employees.

§ 304 Duties and powers of the Commissioner.

§ 305 Oath of Office of Commissioner and employees.

§ 306 Conflict of interest.

§ 307 Commissioner’s statement of interest in liquor business.

§ 308 Promulgation, repeal and amendment of rules and regulations.

§ 309 Bond [Repealed].

§ 310 Deposit of receipts with the Office of the State Treasurer.

§ 311 Property and profits of the office of the Commissioner.

§ 312 Financial statements of the Commissioner.

§ 313 Audit.

Chapter 4 Division of Alcohol and Tobacco Enforcement

§ 401 Division of Alcohol and Tobacco Enforcement.

§ 402 Location of office [Repealed].

§ 403 Duties and powers of the Division [Effective until Oct. 21, 2026].

§ 403 Duties and powers of the Division [Effective Oct. 21, 2026].

§ 404 Employees of the Division.

Chapter 5 Licenses and Taxes

Subchapter I Manufacture and Import

§ 501 Supplier and representative licenses; importer; delivery and storage at in-state warehouse [Effective until Oct. 21, 2026].

§ 501 Supplier and representative licenses; importer, wholesaler, and distributor delivery and storage at in-state warehouse [Effective Oct. 21, 2026].

§ 502 Application; requirements.

§ 503 Inspection of premises.

§ 504 Bond.

§ 505 Conditions for issuance of license.

§ 506 Interest in establishment selling to consumer.

§ 507 Monthly report.

§ 508 Filing of price schedules required.

Subchapter II Purchase, Sale and Dispensing

§ 511 General licensing requirements.

§ 512 Licenses.

§ 512A Farm wineries.

§ 512B Brewery-pubs.

§ 512C Microbreweries; license; alternating premises [Effective until Oct. 21, 2026].

§ 512C Microbreweries; license; alternating premises [Effective Oct. 21, 2026].

§ 512D Wine and spirits auctions.

§ 512E Craft distillery.

§ 512F Temporary large events.

§ 512G Shipment of alcoholic beverages between commonly-owned entities.

§ 512H Special event license [For application of this section, see 85 Del. Laws, c. 269, § 23].

§ 513 Sale of beer and wine for consumption on premises of tavern.

§ 514 Gathering licenses; consumption on premises.

§ 515 Sale to members of club and multiple activity club.

§ 515A Licenses for bottle clubs [For application of this section, see 85 Del. Laws, c. 269, § 23].

§ 516 Consumption off the premises of a package store, hotel, restaurant, club, or taproom [Effective until Oct. 21, 2026].

§ 516 Consumption off the premises of a package store, restaurant, club, or taproom [Effective Oct. 21, 2026; Effective until Jan. 23, 2027].

§ 516 Consumption off the premises of a package store, restaurant, or taproom [Effective Jan. 23, 2027; Effective until July 23, 2029].

§ 516 Consumption off the premises of a package store, restaurant, club, or taproom [Effective July 23, 2029].

§ 517 Pharmacists.

§ 518 Physicians, dentists, veterinarians and medical institutions.

§ 519 Hospital; retention and use.

§ 520 Clergymen; wine for sacramental purposes.

§ 521 Temporary license to sell by the glass.

§ 522 Application for license to purchase for resale.

§ 523 Application by partnership or corporation; liability for fines or costs.

§ 524 Notice of application.

§ 525 Spirits, wine, and beer tasting [Effective until Oct. 21, 2026].

§ 525 Spirits, wine, and beer tasting [Effective Oct. 21, 2026].

§ 526 Direct shipping of wine [Effective until Aug. 15, 2030].

§ 526 Direct purchasing of wine and beer [Effective Aug. 15, 2030].

§ 527 Common carrier license [Expires Aug. 15, 2030, pursuant to 85 Del. Laws, c. 139, § 7].

Subchapter III Determination of Applications

§ 541 Procedural requirements governing Commissioner’s action; hearing; appeal.

§ 542 Decision upon application for renewal of license; time of making.

§ 543 Grounds for refusal of license; transfer or extension of premises.

§ 544 Finality of Commissioner’s decision refusing license.

§ 545 Improvements to premises.

§ 546 Limit on number of package store licenses [Effective until Oct. 21, 2026].

§ 546 Limit on number of package store licenses [Effective Oct. 21, 2026].

Subchapter IV Certificate of License, Term of License and Fees

§ 551 Issuance of certificate.

§ 552 Term and expiration date of licenses.

§ 553 Rate of payment for license issued for other than 2 years.

§ 554 License fees [Effective until Jan. 23, 2027].

§ 554 License fees [Effective Jan. 23, 2027; Effective until July 23, 2029].

§ 554 License fees [Effective July 23, 2029; Effective until Aug. 15, 2030].

§ 554 License fees [Effective Aug. 15, 2030].

Subchapter V Cancellation or Suspension of License

§ 561 Grounds for cancellation or suspension.

§ 562 Public hearing and right of appeal.

§ 563 Effect of cancellation or surrender of license; notice.

§ 564 Payments to former licensee.

Subchapter VI Transfer of License; Death of Licensee

§ 571 Transfer of license.

§ 572 Death of licensee; payments to licensee’s estate.

Subchapter VII Taxes

§ 581 Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2].

§ 581A Rate of tax for infused beverages; administration and reporting [Effective Feb. 1, 2027].

§ 582 Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States.

§ 583 Administration of taxes.

§ 584 State fees in lieu of county and municipal fees; preemption provision.

Chapter 7 Regulatory Provisions

§ 701 Persons authorized to make sale and delivery of alcoholic liquors.

§ 702 Delivery of alcohol or spirits by manufacturer or importer.

§ 703 Sale and delivery of wine or beer by manufacturer or importer.

§ 704 Commissioner regulation of wine or beer sales.

§ 705 Containers for sale and delivery of beer for consumption off premises.

§ 706 Sale or service of alcoholic liquors to intoxicated person.

§ 707 Home manufacture of beer or wine for personal consumption.

§ 708 Prohibition of sales to certain persons [Effective until Oct. 21, 2026].

§ 708 Prohibition of sales to certain persons [Effective Oct. 21, 2026].

§ 709 Prohibition of sales and delivery at certain times [Effective until Oct. 21, 2026, and until meeting the contingency in 82 Del. Laws, c. 193, § 5].

§ 709 Prohibition of sales and delivery at certain times [Effective Oct. 21, 2026, and until meeting the contingency in 82 Del. Laws, c. 193, § 5].

§ 709 Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5].

§ 710 Reports by importers.

§ 711 Refilling bottles.

§ 712 Label on bottle.

§ 713 Mixing unauthorized with authorized liquor.

§ 714 Places for keeping spirits, wines or beer.

§ 715 Places for keeping alcohol.

§ 716 Transportation of spirits, wines or beer.

§ 717 Transportation of alcohol.

§ 718 Shipping and transporting alcoholic liquor.

§ 719 Distillery and wine manufacturer.

§ 720 Storage of alcoholic liquors.

§ 721 Brewery.

§ 722 Physicians, dentists, veterinarians and pharmacists.

§ 723 Disposition of stock of insolvent, deceased or former licensee.

§ 724 Retaliatory beer tax and regulations; violations by out-of-state manufacturers of beer; hearing, penalties and appeal.

§ 725 Preparations containing alcoholic liquors but not intended for use as a beverage.

§ 726 Liability for price of illegal sale of alcoholic liquors.

§ 727 Sale at last call/closing hour of an establishment.

§§ 728-730 [Reserved.]

Chapter 9 Criminal Offenses and Penalties

§ 901 Offenses carrying penalty of imprisonment for 3 to 6 months.

§ 902 Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine.

§ 903 Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine [Effective until Oct. 21, 2026].

§ 903 Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine [Effective Oct. 21, 2026].

§ 904 Offenses concerning certain persons [Effective until Aug. 15, 2030].

§ 904 Offenses concerning certain persons [Effective Aug. 15, 2030].

§ 905 Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person.

§ 906 Transportation and shipment.

§ 907 Interference with officer or inspector.

§ 908 Failure of licensee to file report.

§ 909 Violation of rules respecting liquor taxes.

§ 910 Offenses without specific penalty.

§ 911 Penalty for partnerships and associations.

§ 912 Exemption of employees of Commissioner and/or Division.

§ 913 Licensees convicted of violations by the Commissioner may be assessed costs.

§ 914 Authority to suspend licenses and/or impose fines.

§ 915 Licensees pleading guilty; voluntary fines; limitation.

§ 916 Penalties imposed against licensees who threaten employees.

Chapter 11 Seizure and Confiscation

§ 1101 Peddled or illegally transported liquor.

§ 1102 Shipments to unauthorized portions of State; other illegal sales or shipments.

§ 1103 Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials.

§ 1104 Property found in disorderly house or used in connection with offenses.

§ 1105 Retention of seized property; return to owner; disposition of alcoholic liquor.

§ 1106 Ascertainment of ownership and liens upon seized vehicles.

§ 1107 Commission’s report and petition to Court.

§ 1108 Rule to show cause and service thereof; hearing and order of disposal.

§ 1109 Procedural provisions.

§ 1110 Proceeds of sale; payment of costs.

§ 1111 Procedure governing searches and seizures.

Chapter 12 Delaware Responsible Alcoholic Beverage Server Training Program

§ 1201 Findings and declaration of policy.

§ 1202 Implementation.

§ 1203 Applicability; on-premises licenses.

§ 1204 Training standards and curriculum.

§ 1205 Certification and renewal training.

§ 1206 Violations; penalties.

§ 1207 Enforcement.

§ 1208 Training program costs.

Chapter 13 The Delaware Marijuana Control Act

Subchapter I General Provisions

§ 1301 Purpose and findings.

§ 1302 Definitions [Effective until Oct. 21, 2026].

§ 1302 Definitions [Effective Oct. 21, 2026].

§ 1303 Marijuana accessories authorized.

§ 1304 Places of employment.

§ 1305 Driving under the influence prohibited [Effective until Oct. 21, 2026].

§ 1305 Driving under the influence prohibited [Effective Oct. 21, 2026].

§ 1306 Individuals under age 21; prohibitions [Effective until Oct. 21, 2026].

§ 1306 Individuals under age 21; prohibitions [Effective Oct. 21, 2026].

§ 1307 Private property rights.

§ 1308 Unlawful marijuana extraction, penalties; class G felony.

§ 1309 Lawful operation of marijuana-related establishments [Effective until Oct. 21, 2026].

§ 1309 Lawful operation of marijuana establishments [Effective Oct. 21, 2026].

§ 1309A Lawful sale of infused beverages [Effective Oct. 21, 2026].

§ 1310 Enforcement [Effective until Oct. 21, 2026].

§ 1310 Enforcement [Effective Oct. 21, 2026].

§ 1311 Contracts enforceable.

§ 1312 Verifying the age of marijuana consumers [Effective until Oct. 21, 2026].

§ 1312 Verifying the age of marijuana consumers [Effective Oct. 21, 2026].

§ 1313 Medical marijuana provision not affected.

§ 1313A Hemp products not affected [Effective Oct. 21, 2026].

§ 1314 Oversight Committee; annual report by the Commissioner.

§ 1315 Protections for conduct authorized by this chapter.

Subchapter II Marijuana Commissioner and Appeals Commission

§ 1321 Marijuana Commissioner; Appeals Commission; qualifications; appointment; term; compensation.

§ 1322 Duties and powers of the Commissioner [Effective until Oct. 21, 2026].

§ 1322 Duties and powers of the Commissioner [Effective Oct. 21, 2026].

§ 1323 Oath of Office of Commissioner and employees.

§ 1324 Conflict of interest.

§ 1325 Commissioner’s statement of interest in marijuana business.

§ 1326 Employees of the Division; Commissioner.

§ 1327 Property and profits of the office of the Commissioner.

Subchapter III Regulation and Licensure

Part A Regulations

§ 1331 Regulations [Effective until Oct. 21, 2026].

§ 1331 Regulations [Effective Oct. 21, 2026].

Part B Open Licenses

§ 1332 Retail marijuana store licenses.

§ 1333 Marijuana testing facility licenses.

§ 1334 Marijuana cultivation facility licenses.

§ 1335 Marijuana product manufacturing facility license [Effective until Oct. 21, 2026].

§ 1335 Marijuana product manufacturing facility license [Effective Oct. 21, 2026].

§ 1335A Conversion licenses.

§ 1335B Conversion license for retail marijuana stores.

§ 1335C Conversion license for marijuana cultivation facilities.

§ 1335D Conversion license for marijuana product manufacturing facility.

§ 1335E Infused beverage endorsement [Effective Oct. 21, 2026].

§ 1335F Infused beverage manufacturing requirements [Effective Oct. 21, 2026].

§ 1335G Delivery, storage, and testing of infused beverages at in-state warehouse [Effective Oct. 21, 2026].

Part C Social Equity and Microbusiness Licenses

§ 1336 Social equity applicant.

§ 1337 Social equity application and fees.

§ 1338 Technical assistance.

§ 1339 Financial assistance.

§ 1340 Microbusiness license.

§ 1341 Microbusiness application and fees.

§ 1342 Conditional license [Repealed].

Part D Issuance of All Licenses

§ 1343 Licensing process.

§ 1343A Conversion licensing process.

§ 1344 Applications for multiple licenses.

§ 1345 Conditional license.

§ 1346 Active license.

§ 1347 Background checks.

§ 1348 Confidentiality.

Subchapter IV Determination of Applications

§ 1351 Local control; municipalities.

§ 1351A Local control; counties.

§ 1352 Procedural requirements governing Commissioner’s action; hearing; appeal.

§ 1353 Decision upon application for renewal of license; time of making.

§ 1354 Grounds for refusal of license; transfer or extension of premises.

§ 1355 Finality of Commissioner’s decision refusing license [Repealed effective Oct. 21, 2026].

§ 1355 Finality of Commissioner’s decision refusing license [Repealed] [Repealed effective Oct. 21, 2026].

§ 1356 Improvements to premises.

Subchapter V Cancellation or Suspension of License

§ 1361 Grounds for cancellation, suspension, or fines [Effective until Oct. 21, 2026].

§ 1361 Grounds for cancellation, suspension, or fines [Effective Oct. 21, 2026].

§ 1362 Public hearing and right of appeal.

§ 1363 Effect of cancellation or surrender of license; notice.

§ 1364 Payments to former licensee.

Subchapter VI Transfer of License; Death of Licensee

§ 1366 Transfer of license.

§ 1367 Death of licensee; payments to licensee’s estate.

Subchapter VII Owner and Financial Interests of Licensee

§ 1371 Commissioner approval.

§ 1372 Change in ownership.

§ 1373 Change in officers or directors.

§ 1374 Changes in financial interest.

§ 1375 Fees.

Subchapter VIII Marijuana Regulation Fund; Taxes

§ 1381 Marijuana Regulation Fund; Justice Reinvestment Fund.

§ 1382 Levy and rate of marijuana tax; collection [Effective until Oct. 21, 2026].

§ 1382 Levy and rate of marijuana tax; collection [Effective Oct. 21, 2026].

§ 1383 Collection and administration of the marijuana tax; mandatory reports; preemption.

§ 1384 Retention of records by retail marijuana store licensee; penalties.

§ 1385 Discontinuance, sale, or transfer of business by retail marijuana store licensee; penalties.

§ 1386 Deposit of receipts.

§ 1387 Appropriation of revenue [Effective until Oct. 21, 2026].

§ 1387 Appropriation of revenue [Effective Oct. 21, 2026].

§ 1388 Financial statements of the Commissioner.

§ 1389 Annual audit.

Subchapter IX Consumer Protection [Effective Oct. 21, 2026].

§ 1390 Unlawful practices [Effective Oct. 21, 2026].

Full text is available per section.