Is Kratom Legal in Delaware?

ℹ️ Legal status is rechecked every morning against state legislative filings and regulatory actions. Last checked November 8, 2026. Laws can change — always verify with your local authorities.

Kratom Legal Status in Delaware

Kratom (Mitragyna speciosa) is legal to buy, sell, and possess in Delaware for adults 21 and older. The state has not enacted any legislation banning kratom, and its primary alkaloids — mitragynine and 7-hydroxymitragynine — are not classified as controlled substances under Delaware law. Since September 8, 2026, state law prohibits selling kratom to anyone under 21.

The change came from HB332, titled “An Act Title 16 Of The Delaware Code Relating To Kratom,” which was introduced as a Kratom Consumer Protection Act (KCPA) bill. On April 15, 2026, it was reported out of the House Health & Human Development Committee with 9 votes on its merits. A revised version, House Substitute 1 for HB 332, passed the General Assembly and was signed on September 8, 2026, taking effect immediately as 85 Del. Laws c. 478. For a broader look at how states regulate kratom, visit the kratom legality hub.

Besides the under-21 sales ban, the law directs state agencies to report on kratom product testing and retailer licensing by January 2027. Those reports could lead to further legislation, so Delaware’s rules may change again. Consumers can review the bill record on the Delaware General Assembly website or on LegiScan.

At the federal level, kratom is not a scheduled substance. The FDA has not approved kratom for any medical use but has not moved to ban it. The DEA considered scheduling kratom in 2016 but withdrew that proposal after public comment. The kratom plant and mitragynine remain unscheduled, but the DEA temporarily placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I effective August 26, 2026, and a revised temporary order covering 7-OH above a concentration threshold can take effect on or after November 13, 2026. Delaware adults 21 and older can purchase and possess natural kratom statewide.

Age and Purchase Requirements

Delaware’s minimum age for buying kratom is 21. House Substitute 1 for HB 332, signed September 8, 2026 and effective immediately, bans kratom sales to anyone under 21. Retailers should be expected to check identification, and online vendors shipping to Delaware should verify that buyers are at least 21.

Where to Buy Kratom in Delaware

Kratom can be found at smoke shops, herbal stores, and specialty retailers throughout Delaware. For guaranteed quality, ordering online from Amazing Botanicals ensures every product is third-party tested by an ISO-accredited laboratory with Certificates of Analysis (COAs) available.

Popular Products

• Kratom Capsules — 600mg gelatin capsules, convenient and pre-measured
• Kratom Powder — great for brewing kratom tea
• Kratom Extracts — concentrated options for experienced users

Kratom in Delaware Cities

As of October 2026, no cities or counties in Delaware have enacted local kratom bans. Kratom is legal for adults 21 and older throughout the entire state.

Ordering Kratom Online to Delaware

You can order kratom online with shipping to all Delaware addresses (buyers must be 21 or older). Benefits include full strain selection (see our strain comparison chart), lab-tested products with COAs, and fast shipping.

Frequently Asked Questions

Sources

• Delaware General Assembly: HS 1 for HB 332 bill detail
• Delaware Public Media: Delaware to implement new rules on kratom (September 10, 2026)
• Federal Register: DEA notice of intent on 7-OH and mitragynine pseudoindoxyl (October 14, 2026)
• LegiScan — Delaware HB332 (2025-2026 Session)
• Delaware General Assembly — Official Website
• Amazing Botanicals — Kratom Legality Hub

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Laws can change — always verify current regulations. Last updated: October 15, 2026.