Is Kratom Legal in Delaware? Age 21 Rule (2026 Law)

Kratom is not listed as a controlled substance in Delaware: the state's statutory drug schedules in Title 16, Chapter 47 do not list kratom, mitragynine or 7-hydroxymitragynine (7-OH). Its sale is regulated by the Kratom Consumer Protection Act, 16 Del. C. ch. 30U, signed September 8, 2026, which makes it a class B misdemeanor to sell, furnish or market kratom or a kratom product to anyone under 21. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware state law on kratom: the Kratom Consumer Protection Act (16 Del. C. ch. 30U) and the uncodified report section of the act that created it, Delaware's controlled-substance schedules (16 Del. C. 4711 to 4722) and the designer-drug definition (16 Del. C. 4701(7), (10)), the sentencing range for a class B misdemeanor (11 Del. C. 4206) and the impaired-driving statute (21 Del. C. 4177), with one paragraph on federal law. It does not cover city or county rules, employer or school policies, federal property or other states' laws.

Is kratom legal in Delaware?

Delaware regulates kratom as a product sold to the public; it does not schedule it as a drug. Delaware's drug schedules are written into the statute itself, in 16 Del. C. 4714 (Schedule I) through 4722 (Schedule V). Schedule I lists opiates, opium derivatives, hallucinogens, depressants, stimulants, synthetic cathinones, synthetic cannabinoids and, since 2025, tianeptine. None of the schedules names Mitragyna speciosa, mitragynine or 7-hydroxymitragynine.

The kratom rules sit in a separate chapter. House Substitute 1 for House Bill 332, passed by the 153rd General Assembly, was signed by the Governor on September 8, 2026 and appears in the session laws as 85 Del. Laws c. 478. It added Chapter 30U, the Kratom Consumer Protection Act, to Title 16. The General Assembly's bill page lists its effective date as September 8, 2026.

Chapter 30U does three things: it defines kratom and kratom products, it sets an age limit of 21 for selling, furnishing and marketing them, and it makes a violation a class B misdemeanor. It does not make possession a crime.

What Delaware's kratom law covers

The definitions in 16 Del. C. 3001U apply "For the purposes of this chapter." They reach the whole plant, its alkaloids and products made to imitate them:

(1) "Kratom" means any part of the plant Mitragyna speciosa L., whether growing or not, including the seeds, leaves, stems, roots, extracts, resins, and compounds thereof, and any salt, compound, derivative, mixture, preparation, synthetic equivalent, isomer, or salt of an isomer thereof. (2) "Kratom alkaloid" means any indole based alkaloid naturally occurring in Mitragyna speciosa, including mitragynine and 7 hydroxymitragynine, and any salt, isomer, or salt of an isomer of such an alkaloid.

A "kratom product" under 3001U(3) is "a product meant for human consumption, in any form, including liquid, pill, capsule, tablet, powder, gummy, shot, beverage, or products marketed for human consumption," that contains any part of the kratom leaf, "any alkaloid derived from Mitragyna speciosa, or substance manufactured to mimic any naturally occurring alkaloid from the plant Mitragyna speciosa, or any combination of such substances."

Because the definitions include synthetic equivalents and substances made to mimic a kratom alkaloid, the age-21 rule covers concentrated and synthetic 7-OH products as well as leaf products.

What is the kratom age limit in Delaware?

The age limit is 21. Section 3002U(a) provides:

A person is guilty of selling, providing, or marketing kratom or kratom products to a minor if the person sells, otherwise furnishes, or markets kratom or kratom products to a person under 21 years of age.

The offense covers marketing as well as sales. Section 3002U(b) defines marketing as the use of any of nine listed elements in the advertising, promotion, packaging or labeling of kratom or a kratom product: a cartoon; a superhero; a video game reference; an image of a food product primarily intended for a minor; a trademark that imitates or mimics one advertised or marketed primarily to a minor; a symbol or celebrity primarily associated with a minor or with media primarily directed to a minor; an image of an individual who appears to be under the age of 27; products stored or displayed in an area accessible to nonemployee individuals under 21; and "claims of intoxication or changes in mental status that are attractive to children."

Section 3002U(c) gives sellers an affirmative defense:

In any prosecution for an offense under this chapter, it is an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused, identification, with a photograph of the individual affixed thereon, which presented information that would lead a reasonable person to believe the individual was 21 years of age or older.

The offense is aimed at the person who sells, furnishes or markets. Chapter 30U contains no offense for a person under 21 who buys or holds kratom.

Penalty for selling kratom to someone under 21

Section 3002U(d) states: "A violation of this section is classified as a class B misdemeanor." The sentencing range for that class is in Title 11:

The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $1,150, restitution or other conditions as the court deems appropriate.

That is 11 Del. C. 4206(b). Level V is Delaware's term for incarceration. Chapter 30U sets no felony tier, no higher penalty for a repeat violation and no civil penalty.

A conviction for a class B misdemeanor is a criminal record. See our guide to Delaware expungement laws for how records can be cleared.

Is 7-OH illegal in Delaware?

No Delaware statute schedules, bans or caps 7-hydroxymitragynine. The Kratom Consumer Protection Act mentions 7-OH in its definition of a "kratom alkaloid," so a product containing 7-OH is a kratom product and the age-21 rule applies to it. The act sets no limit on how much 7-OH a product may contain. Delaware's drug crimes separately reach a "designer drug"; see the caveat on 16 Del. C. 4701(7) and (10) below.

Instead of regulating 7-OH, the act orders a report. Section 2 of the 2026 act, which is not codified in the Delaware Code, requires a report that must "specifically address natural kratom, synthetic kratom, and 7-hydroxymitragynine concentrated products" (see the next section).

Are there kratom labeling, testing or license rules in Delaware?

Not at present. Chapter 30U contains no labeling, testing, potency or retailer-licensing requirement. Instead, Section 2 of HS 1 for HB 332 orders a study:

The Division of Alcohol & Tobacco Enforcement, in consultation with the Department of Health and Social Services' Division of Public Health and Division of Substance Abuse and Mental Health, must prepare a report on kratom testing capabilities and potential licensing requirements for retailers selling kratom products.

The report goes to the Governor and the members of the General Assembly and is due by January 1, 2027. A report does not change the law; any testing or licensing rule would need a later act, and placing 7-OH in Schedule I would need an act or a Secretary placement under 16 Del. C. 4713.

Delaware kratom legislation, 2025 and 2026

The substitute for SB 262 is described from its synopsis: "This Act amends Delaware's Uniform Controlled Substances Act. The Act defines Kratom and Kratom Products. The Act makes it unlawful to manufacture, distribute, sell, offer to sell, or possess with intent to sell a Kratom Product." Tianeptine is a different substance from kratom; the 2025 act is listed because it is the most recent change to Delaware's Schedule I.

Would federal kratom scheduling change Delaware law?

Delaware's schedules are written into the statute. The Secretary of Health and Social Services administers the Controlled Substances Act, but 16 Del. C. 4711 limits the Secretary's power to remove or move substances:

The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if: (1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and (2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.

Section 4711 limits deleting or rescheduling a listed substance. Adding a substance to Schedule I is governed by 16 Del. C. 4713:

The Secretary shall place a substance in Schedule I if the Secretary finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

Section 4713 states those two findings and does not itself set out a notice or emergency procedure. The history note to 4714 (Schedule I) lists an emergency regulation, 15 DE Reg 577 (Emergency), among the sources of its text. A change to Schedule I could therefore come from the Secretary as well as from a new act.

Subchapter II of Chapter 47 (4711 to 4723) contains no clause that adds a federally scheduled substance to Delaware's schedules on its own. The three semi-synthetic compounds the DEA placed in federal Schedule I on August 26, 2026 (mitragynine pseudoindoxyl, MGM-15 and MGM-16) do not appear in Delaware's schedules, and a future federal order on 7-OH would raise the same question.

One caveat comes from the definitions in 16 Del. C. 4701. Paragraph (7) limits what counts as a controlled substance to the schedules, then widens it for the drug crimes:

"Controlled substance" means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. For purposes of the crimes set forth in subchapters IV and V of this chapter, and of forfeiture set forth in § 4784 of this title, "controlled substance" includes "designer drug", as defined in paragraph (10) of this section.

Paragraph (10) defines the term and then excludes approved and federally registered products:

"Designer drug" means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. Examples of chemical classes in which "designer drugs" are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, arylcycloalkylamines, cannabinoids, cathinones, and any synthetic analogue of a controlled substance. "Designer drug" does not include any substance that was manufactured, delivered or dispensed in conformance with an approved new drug application, or an exemption for investigating use within the meaning of § 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355), ...

Subchapter IV contains the possession offenses (4763, and for Tier 1, Tier 2 and Tier 3 quantities the felonies in 4756, 4753(a)(2) and 4752(a)(2)), the dealing offenses (4752 to 4754) and the quantity tiers (4751C, which also name "a designer drug as described in § 4701(10)"). Under this text, a kratom compound could be treated as a designer drug if its chemical structure, or an effect it may produce, is substantially similar to that of a controlled substance. The statute does not name kratom, mitragynine or 7-OH, and whether the definition reaches kratom leaf, 7-OH or a semi-synthetic kratom compound is a question for a lawyer licensed in Delaware.

Federal kratom law

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308.11. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026 (91 FR 54948). The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. That notice states that the DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change," to distinguish them from mitragynine pseudoindoxyl. Neither notice is an order, and the DEA says neither new temporary order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures and substance use disorder. Our kratom laws by state hub covers the federal layer in more detail.

Driving after taking kratom in Delaware

Delaware's impaired-driving statute has two drug clauses. Under 21 Del. C. 4177(a)(2), no person shall drive a vehicle "When the person is under the influence of any drug," and 4177(c)(6) defines "drug" to include any substance defined as a drug by Title 11 or Title 16, not only scheduled substances. Under 4177(a)(6), no person shall drive when the person's blood contains, within 4 hours of driving, "any amount of an illicit or recreational drug that is the result of the unlawful use or consumption of such illicit or recreational drug." Section 4177(c)(7) defines "illicit or recreational drug" as Schedule I substances under 16 Del. C. 4714, cocaine, amphetamine, methamphetamine, phencyclidine, "A designer drug as defined in § 4701 of Title 16," and certain vapor-releasing substances. Kratom is not listed in 4714, so the any-amount rule in (a)(6) would reach a kratom product only if it were a designer drug, a question the statute does not answer; impairment under (a)(2) does not depend on that question. See our guide to Delaware DUI laws.

Related

• Kratom laws by state
• Delaware DUI laws
• Delaware expungement laws
• Delaware psilocybin mushroom laws

This article provides general legal information about Delaware state law as of October 11, 2026. It is not legal advice. The Kratom Consumer Protection Act is new, a state report on testing and licensing is due January 1, 2027, and federal action on 7-OH is pending. For advice about a specific situation, contact a lawyer licensed in Delaware or the Delaware Division of Alcohol and Tobacco Enforcement.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Delaware?

Kratom is not listed as a controlled substance in Delaware; the schedules in 16 Del. C. 4714 to 4722 do not list kratom, mitragynine or 7-OH. The Kratom Consumer Protection Act (16 Del. C. ch. 30U), signed September 8, 2026, makes selling, furnishing or marketing kratom to anyone under 21 a class B misdemeanor.

What is the age limit for kratom in Delaware?

21. Under 16 Del. C. 3002U(a), a person who sells, otherwise furnishes or markets kratom or kratom products to a person under 21 years of age commits a class B misdemeanor.

What is the penalty for selling kratom to a minor in Delaware?

A violation of 16 Del. C. 3002U is a class B misdemeanor. Under 11 Del. C. 4206(b), the sentence may include up to 6 months of incarceration at Level V and a fine of up to $1,150, restitution or other conditions.

Is it illegal to possess kratom in Delaware?

Delaware has no kratom possession offense. Chapter 30U regulates selling, furnishing and marketing to people under 21, and kratom, mitragynine and 7-OH are not listed in the state drug schedules. Delaware's drug crimes also reach a designer drug (16 Del. C. 4701(7), (10)); whether that definition could cover a synthetic or semi-synthetic kratom compound is unsettled.

Is 7-OH legal in Delaware?

Delaware does not schedule or cap 7-hydroxymitragynine. The Kratom Consumer Protection Act names 7-OH in its definition of a kratom alkaloid, and the age-21 rule covers products containing it. A state report on testing and retailer licensing that must address 7-OH concentrated products is due January 1, 2027. Delaware's drug crimes also reach a designer drug (16 Del. C. 4701(7), (10)); whether that definition could cover 7-OH or a semi-synthetic kratom compound is unsettled.

Does Delaware require kratom labels or a seller license?

Not yet. Chapter 30U sets no labeling, testing, potency or licensing rule. Section 2 of the 2026 act directs the Division of Alcohol and Tobacco Enforcement to report on testing capabilities and potential retailer licensing by January 1, 2027.