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

Delaware limits kratom sales and marketing

Delaware's Kratom Consumer Protection Act bans selling, giving, or marketing kratom to anyone under 21. It covers plant materials, extracts, compounds, and synthetic equivalents, including products made to mimic natural kratom alkaloids. Products for human use are covered in any form, including pills, powders, gummies, shots, and drinks. Banned marketing includes cartoons, superheroes, video game references, and images of foods mainly intended for minors. It also includes copied youth-product trademarks, youth-associated symbols or celebrities, and images of people who appear under 27. Claims about intoxication or mental changes that appeal to children are banned. Products cannot be stored or displayed where people under 21 can reach them, unless those people are employees. Violations are class B misdemeanors. An accused person has a defense if the underage person presented photo identification that reasonably made them appear at least 21. By January 1, 2027, the Division of Alcohol & Tobacco Enforcement must report to the Governor and legislature. It must consult Delaware's public health and substance abuse and mental health divisions. The report must assess testing capabilities and recommend retail licensing, compliance checks, enforcement, administrative penalties, product testing, and enforcement funding and staffing. It must also address rules for kratom, synthetic kratom, and concentrated 7-hydroxymitragynine, including limits based on strength and health risks. This reporting requirement does not itself establish retail licenses or product testing requirements.