Is Kratom (Whole Leaf / Mitragynine) Legal in Delaware? (2026)

Rule type

permanent

Tier

kcpa regulated

Effective

2026-09-08

Controlling language, verbatim

(3) “Kratom product” means a product meant for human consumption, in any form, including liquid, pill, capsule, tablet, powder, gummy, shot, beverage, or products marketed for human consumption, containing any part of the leaf of the plant Mitragyna speciosa, 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. [16 Del. C. § 3001S(3)] | (a) 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. [§ 3002S(a)] | (8) Products stored or displayed in an area accessible to non-employee individuals under 21. | (9) Claims of intoxication or changes in mental status that are attractive to children. [§ 3002S(b)] | (c) A violation of this section is classified as a class B misdemeanor. [§ 3002S(c)]

Source of excerpt

Citations

1. HS 1 for HB 332 (16 Del. C. ch. 30S), as passed (Delaware General Assembly, 2026-09-22) PRIMARYOFFICIAL
2. Delaware to implement new rules on kratom (HB 332) (Delaware Public Media (secondary; confirm enrolled HB 332 text), 2026-09-22)NEWS

Change history

• 2026-09-22Status changed from legal to restricted.
• 2026-09-22Tier changed from unscheduled to kcpa_regulated.
• 2026-09-22Headline updated: "Legal 21+. 16 Del. C. ch. 30S (HS 1 for HB 332, 85 Del. Laws c. 478), signed 2026-09-08. No 7-OH cap or ban. In store: nothing displayed where under-21s can reach it, no intoxication claims. Class B misdemeanor".
• 2026-09-22Effective date changed from none to 2026-09-08.

Where Kratom (Whole Leaf / Mitragynine) stands across the country

Among Delaware's 3 neighbors, Maryland is restricted; New Jersey and Pennsylvania are legal.

Open the interactive map · Every compound in Delaware

Federal posture

Not federally scheduled. Kratom leaf / mitragynine not federally scheduled; DEA 7-OH re-notice (Nov 13+) reaches extracts under 100:1 mitragynine to 7-OH Federal detail

Pending deadlines

• 2026-11-13 · Federal · DEA 7-OH threshold order would reach kratom extracts under 100:1 mitragynine to 7-OH (DEA-1570 / FR 2026-20943)
  On or after Nov 13, 2026: kratom products whose mitragynine is less than 100 times their 7-OH (or 7-OH plus pseudoindoxyl), or above 1 mg/g or 1 mg/mL of those, would be Schedule I. Plain leaf and typical extracts sit above 100:1; enhanced 7-OH kratom does not. Kratom leaf and mitragynine are not scheduled.

Verbatim law on file for Delaware

0 instruments on file for this compound's framework in Delaware; 1 of 2 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

No verbatim law text on file for this jurisdiction yet.

Related

Kratom (Whole Leaf / Mitragynine) in neighboring states

• Kratom (Whole Leaf / Mitragynine) in Maryland Restricted
• Kratom (Whole Leaf / Mitragynine) in New Jersey Legal
• Kratom (Whole Leaf / Mitragynine) in Pennsylvania Legal

Kratom (Whole Leaf / Mitragynine) in other states

Same framework in Delaware

• Mitragynine Pseudoindoxyl in Delaware Illegal
• 7-OH (7-Hydroxymitragynine) in Delaware Restricted
• Speciociliatine in Delaware Restricted

Other compounds in Delaware

Cite this page