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DelawareHB 332153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO KRATOM.

Sponsored By: Melanie Ross Levin (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Under-21 kratom access and marketing restricted

Delaware retailers cannot sell or distribute kratom to anyone under 21, or advertise or market it to them. Kratom ads, promotions, packaging, and labels cannot use cartoons, superheroes, video game references, or images of minors. The ban also covers foods aimed at minors, copycat trademarks, and symbols or celebrities associated with minors. Images of people who appear younger than 27 are also prohibited.

Kratom buyers can sue over harm

People who suffer damages because a retailer breaks Delaware's kratom labeling or prohibited-conduct rules can sue that retailer. They can seek payment for damages caused by the violation. The law does not set a payment amount or formula.

Kratom buyers get labels and safety protections

Delaware's rules cover food and dietary ingredient products for human use containing any part of the kratom plant's leaf. Labels must give the factual basis for product claims, except for products recognized by the Food and Drug Administration as dietary ingredients or approved drugs. Packages or labels must also list the amounts of mitragynine and 7-Hydroxymitragynine. Retailers cannot offer products mixed with other substances that cause injury or contaminated with poisonous or harmful ingredients, including controlled substances. The law also bans products containing synthetic kratom compounds and caps 7-Hydroxymitragynine at 2% of the product's total alkaloid content.

Kratom sellers face fines and oversight

Retailers breaking Delaware's kratom labeling, product, age, or marketing rules face civil fines of up to $1,000 for a first violation. Each later violation carries a fine of up to $2,000. The Division of Alcohol and Tobacco Enforcement can issue rules, enforce the law, and investigate complaints; inspections are not required. By December 31, 2026, the division and Delaware Healthcare Association must report adverse health events observed after opioid-like substance use, including kratom and tianeptine. The report goes to the Governor and designated legislative officials for distribution to all General Assembly members.

Sponsors & Cosponsors

Sponsor

  • Melanie Ross Levin

    Democratic • House

Cosponsors

  • Marie Pinkney

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 332 - Signed by Governor

    9/8/2026Governor

  2. HS 1 for HB 332 - Passed By Senate. Votes: 19 YES 2 NOT VOTING

    7/1/2026Senate

  3. HS 1 for HB 332 - Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 4 On Its Merits

    6/24/2026Senate

  4. HS 1 for HB 332 - Assigned to Health & Social Services Committee in Senate

    6/16/2026Senate

  5. HS 1 for HB 332 - Passed By House. Votes: 39 YES 1 NO 1 ABSENT

    6/16/2026House

  6. Substituted in House by HS 1 for HB 332

    6/11/2026House

  7. Reported Out of Committee (Health & Human Development) in House with 9 On Its Merits

    4/15/2026House

  8. Introduced and Assigned to Health & Human Development Committee in House

    3/26/2026House

Bill Text

  • Current

    3/26/2026

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