Delaware has put a new statewide kratom law into effect, barring sales to anyone under 21, according to a Delaware Public Media report published September 10, 2026. House Substitute 1 for House Bill 332 creates the state’s Kratom Consumer Protection Act, and violations are a class B misdemeanor, according to the bill text.
The act also defines marketing aimed at minors, including cartoons and video game references, and requires the Division of Alcohol & Tobacco Enforcement and the Department of Health and Social Services to report by January 1, 2027 on kratom testing capabilities and possible retailer licensing. That report must address natural, synthetic and concentrated 7-hydroxymitragynine products and recommend approaches to product testing. Licensing and testing requirements are not part of the current law.
Sen. Marie Pinkney, the bill’s Senate sponsor, said the legislation was written with community members in mind who use kratom in its pure form. “There are people who use it in its purity,” she said. Any move toward licensing or testing rules would require further action by lawmakers after the report.
