Kratom Laws in Delaware

How Delaware law treats kratom, from the state code and official state agencies.

Short answer: Kratom is legal for adults in Delaware but may not be sold to anyone under 21. House Substitute 1 for House Bill 332 (signed and effective September 8, 2026; 85 Del. Laws c. HS 1 for HB 332 (153rd G.A.), amending Title 16; 16 Del. C. §§ 4714-4722

Kratom	Kratom is legal for adults in Delaware but may not be sold to anyone under 21. House Substitute 1 for House Bill 332 (signed and effective September 8, 2026; 85 Del. Laws c. 478) prohibits selling, providing or marketing kratom or kratom products to people under 21, and a violation is a class B misdemeanor (up to 6 months). The law also directs the Division of Alcohol and Tobacco Enforcement and the Department of Health and Social Services to report by January 1, 2027 on kratom testing and possible retailer licensing. Kratom and its compounds are not listed in Delaware's controlled-substance schedules. The new Title 16 section number was not shown on the bill page. Schedules: https://delcode.delaware.gov/title16/c047/sc02/index.html . Class penalties (11 Del. C. §§ 4205(b), 4206, from the existing state record): class A felony 15 years to life; class B 2 to 25 years; class C up to 15 years; class D up to 8 years; class E up to 5 years; class F up to 3 years; class G up to 2 years; class A misdemeanor up to 1 year and $2,300; class B misdemeanor up to 6 months and $1,150. Source: HS 1 for HB 332 (153rd G.A.), amending Title 16; 16 Del. C. §§ 4714-4722

Kratom

Kratom is legal for adults in Delaware but may not be sold to anyone under 21. House Substitute 1 for House Bill 332 (signed and effective September 8, 2026; 85 Del. Laws c. 478) prohibits selling, providing or marketing kratom or kratom products to people under 21, and a violation is a class B misdemeanor (up to 6 months). The law also directs the Division of Alcohol and Tobacco Enforcement and the Department of Health and Social Services to report by January 1, 2027 on kratom testing and possible retailer licensing. Kratom and its compounds are not listed in Delaware's controlled-substance schedules.

The new Title 16 section number was not shown on the bill page. Schedules: https://delcode.delaware.gov/title16/c047/sc02/index.html . Class penalties (11 Del. C. §§ 4205(b), 4206, from the existing state record): class A felony 15 years to life; class B 2 to 25 years; class C up to 15 years; class D up to 8 years; class E up to 5 years; class F up to 3 years; class G up to 2 years; class A misdemeanor up to 1 year and $2,300; class B misdemeanor up to 6 months and $1,150.

Source: HS 1 for HB 332 (153rd G.A.), amending Title 16; 16 Del. C. §§ 4714-4722

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FAQ

Is kratom legal in Delaware?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.