Is Kratom Legal in Delaware? 2026 Kratom and 7-OH Law Update

Legal · 21+ to Buy (Since Sept 8, 2026)

Is kratom legal in Delaware in 2026? Yes, and since September 8, 2026 it can only be sold to adults 21 and older.

Kratom is legal to buy, possess, and use in Delaware. It is not a controlled substance. A new state law, House Substitute 1 for House Bill 332, makes it a class B misdemeanor to sell, furnish, or market kratom or kratom products to anyone under 21.

Is 7-OH legal in Delaware? Yes, for now. Delaware has not banned or capped 7-hydroxymitragynine. 7-OH products fall under the same 21 and older sales rule, and state agencies must report on stricter options by January 1, 2027.

Last reviewed: October 2026 • Written and fact-checked by the RehabSeekers.com editorial team against primary legal sources and reviewed for clinical accuracy. See our editorial policy and accreditations & verification standards.

Delaware kratom laws changed in September 2026. Until then the state had no kratom statute at all. Lawmakers weighed two opposite bills in 2026, one to regulate kratom and one to ban it, and passed a narrow version of the first: an age limit of 21 plus a study of what to do next. This Delaware kratom update explains what is legal today, what the new law leaves out, where 7-OH stands, and where to find free, confidential help in Delaware if kratom has become hard to stop.

What Delaware Kratom Law Says Right Now

As of October 2026, kratom is legal in Delaware and governed by one statute: the Kratom Consumer Protection Act, Title 16, Chapter 30S of the Delaware Code, created by House Substitute 1 for House Bill 332 (85 Delaware Laws, chapter 478). Governor Matt Meyer signed it on September 8, 2026, and it took effect the same day. Section 3002S makes it a class B misdemeanor to sell, otherwise furnish, or market kratom or a kratom product to a person under 21.

Legal status

Legal statewide. Kratom, mitragynine, and 7-OH are not in Delaware’s controlled substance schedules.

What’s regulated

Sales, furnishing, and marketing to anyone under 21. Nothing else: no testing, labeling, or 7-OH limit.

Who it applies to

The person who sells or supplies. Buying or possessing kratom is not an offense under the Act.

A class B misdemeanor in Delaware carries up to 6 months of incarceration and a fine of up to $1,150 (Title 11, section 4206). A seller has an affirmative defense if the buyer showed photo identification that would lead a reasonable person to believe the buyer was 21 or older. The Act also lists marketing that counts as aimed at minors, including cartoons, superheroes, video game references, people who appear younger than 27, and displays that underage customers can reach.

Delaware Kratom Ban Update: What Passed and What Did Not in 2026

Delaware did not ban kratom in 2026. House Bill 332, filed on March 26, 2026 by Representative Melanie Ross Levin with Senator Marie Pinkney, began as a full regulatory bill. A substitute introduced on June 11 cut it back to an age limit and a study. LegiScan records show the House passed the substitute 39 to 1 on June 16 and the Senate passed it 19 to 0, with two members not voting, on July 1. The Governor signed it on September 8, 2026.

What the final law left out, and what comes next

The original House Bill 332 would have required sellers to back up product claims, restricted how kratom is prepared and sold, and created civil violations. None of that survived. The enacted version sets no cap on 7-OH, no ban on synthetic alkaloids, no lab testing, no labeling standard, and no retailer license. Instead, the Division of Alcohol and Tobacco Enforcement, working with the Division of Public Health and the Division of Substance Abuse and Mental Health, must report to the Governor and General Assembly by January 1, 2027 on retailer licensing, enforcement, product testing, and how to regulate natural kratom, synthetic kratom, and concentrated 7-OH products by potency and risk.

The competing ban bill did not pass. Senate Substitute 1 for Senate Bill 262, introduced by Senator Kyra Hoffner on April 15, 2026, would have placed kratom, mitragynine, and 7-hydroxymitragynine in Schedule I and banned manufacture and sale, with no penalty for personal possession. The General Assembly’s website shows it still awaiting consideration in the Senate Health and Social Services Committee. Any further Delaware kratom or 7-OH rules would need a new law.

What Delaware’s Kratom Law Covers and What It Leaves Out

Delaware’s Kratom Consumer Protection Act is narrower than laws with the same name in other states. The table compares it with the safeguards many kratom laws include, using the enacted text.

Consumer safeguard	In Delaware today	Detail
Minimum age to buy	Yes, 21	In force since Sept 8, 2026; class B misdemeanor for the seller
Marketing aimed at minors	Prohibited	Cartoons, child-oriented imagery, displays within reach of minors
7-OH concentration cap	None	Under study; report due Jan 1, 2027
Ban on synthetic alkaloids	None in state law	Three compounds are banned federally (see below)
Lab testing & label standards	Not required	Under study
Retailer license or registration	Not required	Under study
Possession offense	None	The Act does not penalize buyers or people who possess kratom

Can you buy kratom in Delaware? Yes, if you are 21 or older. Kratom and 7-OH products are sold in Delaware stores and online, and state law sets no standard for what is in them. The Act’s definition of a kratom product covers extracts, isolated alkaloids, and substances made to mimic them, so the age rule applies to 7-OH tablets, shots, and gummies as well as leaf powder.

Where Delaware fits nationally (approximate share of states and Washington, D.C., October 2026)

Legal, no kratom-specific state law (~18 states)

Legal with age limits or product rules, including Delaware since September 2026 (~23)

Full statewide ban (10 states)

Approximate, October 2026; trackers count differently. Full bans: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts (one-year emergency order), Tennessee, Vermont, and Wisconsin. See every state on our kratom bans by state page.

Federal vs. Delaware Kratom and 7-OH Law

Kratom is not scheduled under the federal Controlled Substances Act. The Drug Enforcement Administration proposed Schedule I in August 2016 and withdrew the plan that October. Federal attention has since moved to concentrated 7-OH. The Food and Drug Administration recommended scheduling certain 7-OH products in July 2025, and the Drug Enforcement Administration published a notice of intent on July 6, 2026 to place 7-OH above a set threshold in Schedule I. No final order had been published by early October 2026, so the answer to “is 7-OH banned in Delaware” is still no.

Federal position

Kratom leaf is unscheduled, though the Food and Drug Administration says it cannot lawfully be sold as a drug, dietary supplement, or food additive. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been Schedule I since August 26, 2026. A federal 7-OH order is pending.

Delaware position

Legal for adults 21 and older to buy. No 7-OH limit and no kratom compound in the state schedules. The federal ban on pseudoindoxyl, MGM-15, and MGM-16 applies in Delaware as it does in every state. A state report on further rules is due January 1, 2027.

Buying Kratom in Delaware and Crossing State Lines

State law applies the same way in Wilmington, Dover, Newark, and all three Delaware counties; we found no city or county kratom ordinance, and the Act says nothing about local rules. Expect to show photo identification, since that is the seller’s defense under the Act. The law does not mention online orders, but it covers any person who sells or furnishes kratom to someone under 21.

Delaware’s three neighbors differ. Maryland also sets the age at 21 and goes further: since July 1, 2026 it bars products where 7-OH is more than 2% of the alkaloids and products with synthetic alkaloids (2026 chapter 354). Pennsylvania had not enacted a statewide kratom law at the time of this review; a bill to limit sales to adults 21 and older cleared the House Health Committee at the end of September 2026. New Jersey also had bills pending, including one to make 7-OH a Schedule I drug that advanced in a Senate committee in March 2026. Farther along the corridor, Connecticut has banned kratom since March 25, 2026. Check the law at your destination before traveling with any kratom product.

The Health Picture Behind Delaware’s Kratom Law

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, act on the brain’s opioid receptors. People commonly report stimulant-like effects at lower amounts and opioid-like or sedating effects at higher ones. Regular use can lead to physical dependence and withdrawal, which the National Institute on Drug Abuse describes as usually mild to moderate. Concentrated 7-OH is a different matter: the Food and Drug Administration says it can be more potent than morphine. About 1.7 million Americans aged 12 and older used kratom in 2021, according to the National Survey on Drug Use and Health.

Because Delaware sets no testing or potency rules, two products that look alike can differ widely in strength. People who stop suddenly can go into withdrawal, with restlessness, muscle aches, sweating, irritability, runny nose, stomach cramps, and poor sleep, often starting within 6 to 12 hours of the last use. Dependence is a health condition, not a moral failing, and tapering or stopping with medical support is safer than stopping abruptly and alone. Read more in our guide to opioid rehab and treatment, the closest clinical match for kratom dependence.

Free Delaware Help & Government Resources

Free, confidential help for kratom and 7-OH dependence is available across Delaware. The lines below cost nothing to call, and asking about treatment is a health matter, not a legal one.

Delaware Hope Line

Free 24/7 crisis, clinical & peer support from the Division of Substance Abuse and Mental Health
1-833-946-7333 (1-833-9-HOPEDE)

National Helpline

Substance Abuse and Mental Health Services Administration. Free & confidential, 24/7
1-800-662-4357

988 Suicide & Crisis Lifeline

24/7 crisis support statewide
Call or text 988

Delaware 211

Local health & support referrals. Weekdays 8 am to 7 pm
Dial 211

Poison Help

For adverse reactions, 24/7
1-800-222-1222

Find a provider

Search Delaware treatment providers
helpisherede.com

The Delaware Hope Line and Help Is Here Delaware are run by the Division of Substance Abuse and Mental Health. The division also operates walk-in Bridge Clinics in New Castle, Kent, and Sussex counties, where no appointment is needed and services are offered regardless of ability to pay: screening and referral by licensed clinicians, peer support, and free naloxone with training. Naloxone, which can reverse an opioid overdose, is also sold over the counter at pharmacies.

Finding Treatment for Kratom Dependence in Delaware

No medication is approved specifically for kratom dependence. Because kratom acts on opioid receptors, clinicians often draw on the approaches used for opioid use disorder, and published case reports describe buprenorphine being used for people dependent on kratom. The right level of care depends on how long and how much you have used, and whether other substances or mental health conditions are involved. Common paths include:

Stabilizing safely

Medical detox and detox by substance programs manage withdrawal symptoms under clinical supervision during the hardest early days.

Ongoing care

Outpatient medication clinics, including those offering buprenorphine, intensive outpatient programs, and partial hospitalization programs provide treatment while you keep living at home.

For higher-intensity needs, residential rehab provides a structured, substance-free setting, while sober living homes support the move back to daily life. Delaware Medicaid, run by the Division of Medicaid and Medical Assistance, covers medically necessary substance use disorder treatment, including withdrawal management, residential care, and intensive outpatient programs: see rehabs that take Medicaid, free rehab options, and state-funded programs.

Browse drug and alcohol rehab centers in Delaware by city, including Wilmington, Dover, Newark, New Castle, Middletown, Newport, Brookside, Pike Creek Valley, Camden, Wyoming, and Magnolia. Neighborhood pages cover Downtown Wilmington, Trolley Square in Wilmington, Downtown Newark, and Downtown Rehoboth Beach. Near a state line, treatment in Maryland, Pennsylvania, or New Jersey may be closer. You can also search the full U.S. locations directory, all treatment programs, and our recovery resources.

Delaware Kratom Laws: Frequently Asked Questions

Is kratom legal in Delaware in 2026?

Yes. Kratom is legal to buy, possess, and use in Delaware and is not a controlled substance. Since September 8, 2026, it is a class B misdemeanor to sell, furnish, or market kratom to anyone under 21.

Is 7-OH legal in Delaware?

Yes, as of October 2026. Delaware has not scheduled 7-hydroxymitragynine or set a limit on how much a product may contain. 7-OH products count as kratom products under the state law, so they cannot be sold to anyone under 21.

Is 7-OH banned in Delaware, or will it be?

Not yet. A 2026 Senate bill to make kratom and 7-OH Schedule I did not pass. Two things could change that: the state report due January 1, 2027, which must address concentrated 7-OH products, and the federal proposal to place 7-OH above a set threshold in Schedule I, which had no final order as of early October 2026.

Is kratom banned in Delaware?

No. There is no Delaware kratom ban. The only restriction is on sales, furnishing, and marketing to people under 21. The ban bill, Senate Substitute 1 for Senate Bill 262, stayed in committee.

What is the legal age to buy kratom in Delaware?

21. The age limit took effect on September 8, 2026. Before that date Delaware had no legal minimum age for kratom.

Can you buy kratom in Delaware?

Yes, if you are 21 or older. Sellers may ask for photo identification. Delaware does not require lab testing or labeling, so product strength and contents are not set by state law.

What is the penalty for selling kratom to someone under 21 in Delaware?

It is a class B misdemeanor, which carries up to 6 months of incarceration and a fine of up to $1,150. The law applies to the person who sells, furnishes, or markets the product. It creates no offense for the buyer or for possessing kratom.

What happens on January 1, 2027?

Nothing changes automatically. That is the deadline for the Division of Alcohol and Tobacco Enforcement to report to the Governor and General Assembly on licensing, testing, enforcement, and potency-based rules for kratom and 7-OH. New rules would need new legislation.

Are MGM-15 and mitragynine pseudoindoxyl legal in Delaware?

No. The Drug Enforcement Administration placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in federal Schedule I by temporary order on August 26, 2026, and federal law applies in Delaware. We did not find them listed in Delaware’s own schedules.

Will getting treatment for kratom get me in legal trouble?

No. Kratom is legal in Delaware, and calling a helpline or entering treatment does not create a criminal record. Federal rule 42 CFR Part 2 protects substance use disorder treatment records. Delaware law (Title 16, section 4769) also gives immunity from certain drug possession charges to people who seek emergency help for an overdose.

Important: This article is for general information and harm-reduction purposes and is not legal or medical advice. Delaware’s rules are new and may change after the state report due January 1, 2027, and a federal 7-OH order is pending. For a specific legal question, consult a licensed Delaware attorney; for a health decision, speak with a qualified clinician. If you or someone you know is in immediate danger, call 911.

References and Citations

Delaware General Assembly. House Substitute 1 for House Bill 332, an Act to amend Title 16 of the Delaware Code relating to kratom (signed September 8, 2026). legis.delaware.gov
Office of the Governor of Delaware. Legislative Advisory #58, September 10, 2026 (85 Delaware Laws, chapter 478). governor.delaware.gov
Delaware General Assembly. House Bill 332 as introduced, March 26, 2026. legis.delaware.gov
Delaware General Assembly. Senate Substitute 1 for Senate Bill 262. legis.delaware.gov
Delaware Code, Title 11, section 4206, sentence for misdemeanors. delcode.delaware.gov
Delaware Code, Title 16, Chapter 47, Uniform Controlled Substances Act, schedules. delcode.delaware.gov
Delaware Public Media. Delaware to implement new rules on kratom, September 10, 2026. delawarepublic.org
Maryland General Assembly. 2026 Laws of Maryland, chapter 354 (House Bill 1523). mgaleg.maryland.gov
Federal Register. Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, August 26, 2026. federalregister.gov
Federal Register. Notice of intent, temporary placement of 7-hydroxymitragynine above a specified threshold in Schedule I, July 6, 2026. federalregister.gov
U.S. Food and Drug Administration. FDA and Kratom. fda.gov
National Institute on Drug Abuse. Kratom. nida.nih.gov
Delaware Division of Substance Abuse and Mental Health. Delaware Hope Line and treatment services. dhss.delaware.gov
Delaware Division of Substance Abuse and Mental Health. Bridge Clinics. dhss.delaware.gov
Help Is Here Delaware, treatment provider search. helpisherede.com
Delaware Division of Medicaid and Medical Assistance. Coverage for substance use disorder treatment (Bulletin 17-002). dhss.delaware.gov
Delaware 211. delaware211.org
Substance Abuse and Mental Health Services Administration. National Helpline. samhsa.gov

Kratom Bans & Laws by State

Kratom’s legal status varies widely across the U.S. Select any state below to see its current kratom laws, pending legislation, and local treatment and support resources.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
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Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
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Michigan
Minnesota
Mississippi
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Montana
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Nevada
New Hampshire
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Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Kratom Bans & Laws by State

Kratom’s legal status varies widely across the U.S. Select any state below to see its current kratom laws, pending legislation, and local treatment and support resources.