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Status verified May 21, 2026 – No legislative changes detected.
Is Kratom Legal in Delaware?
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Current Status
Two significant bills concerning kratom have been introduced: Senate Bill 262 proposes a ban on kratom by classifying it as a Schedule I controlled substance, while House Bill 332 aims to establish a Kratom Consumer Protection Act to regulate its sale and use.
Kratom legality varies by state. View the interactive map for all 50 states, or see other pending states in the Related States section below.
What Merchants Need to Know
- Lab testing recommended for all products
- Labeling must comply with state standards
Recent Updates for Delaware
Delaware Kratom Legal Status Update
| Bill | SB 262, HB 332 |
|---|---|
| Title | Delaware's legal status for kratom has been described as legal but unregulated. Senate Bill 262, introduced on March 18, 2026, seeks to make manufacturing, distributing, selling, or possessing with intent to sell kratom a Class C felony, and personal possession a Class B misdemeanor. Conversely, House Bill 332, introduced on March 26, 2026, aims to establish a Kratom Consumer Protection Act, which would set an age limit of 21+, mandate labeling requirements, and limit 7-Hydroxymitragynine concentrations. Both bills are currently in legislative committees, indicating an active 'PENDING' status for significant changes to kratom's legality. The database's 'RESTRICTED' status for Delaware is not fully aligned with reports indicating an unregulated legal market prior to these bills. |
| Status | — |
Delaware Kratom Legal Status Update
| Bill | SB262 |
|---|---|
| Title | An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act. |
| Status | In progress |
| Last action | Adopted in lieu of the original bill SB 262, and Assigned to Health & Social Services Committee in Senate (2026-04-15) |
| Sponsors | Kyra Hoffner |
Delaware Kratom Legal Status Update
| Bill | H.B. 332 |
|---|---|
| Title | House Bill 332 was introduced on March 26, 2026, by Rep. Ross Levin. It creates the Kratom Consumer Protection Act, which defines kratom products, mandates disclosure on labels, prohibits adulterated or contaminated products, limits 7-Hydroxymitragynine content, bans synthetic compounds, and prohibits sales to individuals under 21 years of age. This bill would transition Delaware from a generic 'PENDING' status to a 'RESTRICTED' status with clear regulatory guidelines. |
| Status | — |
Delaware Kratom Legal Status Update
| Bill | HB332 |
|---|---|
| Title | Delaware's House Bill 332 (153rd General Assembly), sponsored by Rep. Ross Levin and Sen. Pinkney, aims to establish the Kratom Consumer Protection Act. This legislation proposes to regulate kratom products by prohibiting sales to individuals under 21, banning synthetic kratom and products with over 2% 7-Hydroxymitragynine in their alkaloid composition, and requiring clear product labeling including mitragynine and 7-Hydroxymitragynine content. The bill was reported out of the House Health & Human Development Committee with a 5-3-0 vote on March 26, 2026. This action signifies active legislative progression towards restricting kratom, moving the state's status from 'LEGAL' to 'PENDING' for these new regulations. |
| Status | — |
Delaware Kratom Legal Status Update
| Bill | SB262 |
|---|---|
| Title | An Act To Amend Title 16 Of The Delaware Code Relating To The Uniform Controlled Substances Act. |
| Status | In progress |
| Last action | Introduced and Assigned to Health & Social Services Committee in Senate (2026-03-18) |
| Sponsors | Kyra Hoffner; Eric Buckson; Kimberly Williams; Bryant Richardson; Ronald Gray |
Related States
Other states where kratom is pending
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