Is Kratom Legal in Delaware? [2023 Update]

Absolutely! Kratom is legal in Delaware! And with a motto like liberty and independence, it is only right that kratom is permitted for all purposes wherever you are in the Diamond State. Furthermore, the substance’s legal future in Delaware appears secure. Even so, we still have things to mull over regarding kratom’s legal status in Delaware. In this post, I will explore why the state allows kratom, any legal history, and what the unregulated market in Delaware means for consumers like you.

Kratom is legal in Delaware with no pesky exceptions. You won’t find Mitragyna speciosa or the mitragynine and 7-hydroxymitragynine (7-HMG) indole alkaloids anywhere on Delaware’s lists of controlled substances. Kratom is as legal as coffee, its botanical cousin, in the Diamond State. Better yet, no Delaware municipalities have taken action to restrict kratom. For example, in California, while kratom is legal statewide, it is banned in Oceanside and San Diego. Even towns and parishes have the power to pass kratom legislation, but nowhere in Delaware has done so.

Furthermore, kratom is legal in the states surrounding Delaware. If you travel between states, you don’t need to worry about taking kratom with you. Rhode Island is the closest state to Delaware where kratom is illegal.

There is not much to report on this front. There was apparently some chatter about a kratom ban in 2014, but the bill was amended before it passed. Strangely, while there is some talk about this story online, I could not find the legislation in question.

Moreover, there has been relatively little discussion about kratom in local media. Delaware Online published a story about kratom poisoning in 2019. And the Food and Drug Administration (FDA) recorded one case of contaminated kratom in Delaware linked to the 2018 salmonella outbreak. If anything, these stores emphasize the advantages of regulating kratom. Some states have done so, and others are considering it. Could Delaware go down this route?

The Kratom Consumer Protection Act (KCPA) is how kratom’s supporters propose making the market safer. With some lawmakers worried about kratom, the KCPA addresses these concerns without treading on the feet of responsible kratom users and vendors. As of February 2023, no state legislators have brought a KCPA bill to the Delaware General Assembly. However, any senator or House representative could sponsor such a bill.

If Delaware ever implements the KCPA, it would likely do the following to the industry:

• Stop retailers from selling adulterated or contaminated kratom
• Limit the 7-HMG content to 2% of a kratom product’s alkaloid fraction
• Ban synthetic mitragynine, synthetic 7-HMG, and other synthetic kratom compounds
• Demand that vendors provide directions for safe and effective use on the product label
• Set a minimum age requirement for purchasing kratom products (likely 18 or 21)

Kratom users in Delaware perhaps have more to fear from the DEA. The federal agency’s attempt to make kratom a Schedule I substance in 2016 is the closest the Diamond State has come to banning kratom. As of 2023, the DEA describes kratom as a Drug or Chemical of Concern. Federal kratom regulation may also be on the agenda, with bipartisan support in Congress for such action. Delaware would likely regulate kratom at the state level if the federal government does so.

For more on federal kratom law, click here.

With kratom 100% legal in Delaware, you can technically find products throughout the state. However, don’t expect to find high-quality kratom everywhere. The lack of regulation means quality varies, and non-specialist retailers have a reputation for selling sketchy stuff. I am talking about head shops, gas stations, and convenience stores. Many of these places see a business opportunity in selling kratom, but they tend not to know much about it. Hence why such stores often stock obscure brands and don’t have third-party lab results to hand.

You should find better quality kratom at a niche botanical store, but these are few and far between in a small state like Delaware. And most brick-and-mortar vendors, specialists or not, are notorious for charging exorbitant prices.

That is why I get all my kratom online. By shopping at a respected online vendor, I save money, find strains that match my requirements better and can get products shipped to my door at the click of a button. With such convenience, I don’t feel the need to shop in-store. However, that option remains available to you. If you live in Delaware and are close to Dover, Newark, or Wilmington, rest assured that there are shops selling kratom!

Concord Smoke Land

2907 Concord Pike, Wilmington, DE 19803

Smoke-King Tobacco Outlet

786 S Old Baltimore Pike, Newark, DE 19702

Puffster

115 W Loockerman St, Dover, DE 19904

Delaware is one of several states with no obvious stance on kratom. With no historical ban or regulation attempts, it seems as if legislators have more pressing matters to worry about. However, as demonstrated in West Virginia, just because a state has no kratom legal history doesn't mean things cannot change. Kratom lovers in Delaware should appreciate the current situation, perhaps push for regulation, and stay alert for any out-of-the-blue prohibition efforts.