Delaware

Botanical Advocacy & Education >> Delaware

In Delaware, kratom remains legal for adults 21 and older under a newly enacted regulatory framework.

Key Delaware Legislative Updates

  • Regulatory Bill Enacted (HS 1 for HB 332): Sponsored by Rep. Melanie Ross Levin, this bill passed both chambers and became law on July 1, 2026. Rather than outright prohibiting natural kratom, it establishes a Kratom Consumer Protection Act framework:
    • Age Limit: Restricts sale and distribution to individuals 21 and older.
    • Potency & Synthetics Caps: Limits 7-hydroxymitragynine (7-OH) content to no more than 2% of the total alkaloid profile and bans synthetic kratom compounds.
    • Labeling & Marketing Rules: Banning marketing targeted at minors (e.g., cartoons, superheroes, or celebrity endorsements) and mandating clear ingredient disclosures.
  • Prohibition Measure Failed (SS 1 for SB 262): A competing bill introduced by Sen. Kyra Hoffner aimed to classify kratom under Delaware’s Uniform Controlled Substances Act. However, the General Assembly favored the regulatory approach of HB 332, keeping plain-leaf and standard kratom legal under consumer protection guidelines.


    History

    SB3160 Creates the Kratom Prohibition Act.
    Per Legiscan Status: Introduced on February 2 2026 – 25% progression
    Status: Introduced on February 2 2026 – 25% progression
    Action: 2026-04-30 – Added as Co-Sponsor Sen. David Koehler

    HB5242 Kratom Consumer Protection Act,
    Status: Introduced on February 5 2026 – 25% progression
    Action: 2026-03-27 – Rule 19(a) / Re-referred to Rules Committee
    Pending: House Rules Committee

    HB3127 Kratom Consumer Protection Act
    Status: Introduced on February 6 2025 – 25% progression
    Action: 2026-02-05 – Added Chief Co-Sponsor Rep. Dave Severin
    Pending: House Rules Committee

    HB4737 Kratom Consumer Protection Act
    Status: Introduced on January 30 2026 – 25% progression
    Action: 2026-03-27 – Rule 19(a) / Re-referred to Rules Committee
    Pending: House Rules Committee

    HB4930 Protect Communities from Unregulated Substances Act. Prohibits dispensing, distributing, manufacturing, or selling kratom or tianeptine products for human use unless approved by the U.S. Food and Drug Administration
    Status: Introduced on February 4 2026 – 25% progression
    Action: 2026-03-27 – Rule 19(a) / Re-referred to Rules Committee

    Pending: House Rules Committee
    SB1570 Kratom Control Act
    Status: Introduced on February 4 2025 – 25% progression
    Action: 2026-01-30 – Added as Co-Sponsor Sen. Chris Balkema
    Pending: Senate Assignments Committee

    HB3129 Amends the Illinois Controlled Substances Act. Adds mitragynine and 7-hydroxymitragynine as Schedule III controlled substances. Repeals the Kratom Control Act.
    Status: Introduced on February 6 2025 – 25% progression
    Action: 2026-02-05 – Added Chief Co-Sponsor Rep. Dave Severin
    Pending: House Rules Committee
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