DELAWARE KRATOM UPDATE: HB 332 NOW IN SENATE HEALTH COMMITTEE — ACT BEFORE 10 AM TOMORROW

Update: HB 332, the Delaware Kratom Consumer Protection Act, passed the House and is now being heard in the Senate Health & Social Services Committee today. Letters of support are being accepted until 10:00 AM tomorrow. We need Delaware consumers to act immediately.

Take Action Now

📧 Email the committee today — letters of support accepted until 10:00 AM tomorrow.

Email: SenateHealthSocialServices@delaware.gov

Address to: "Members of the Committee" or "Senators"

Deadline: 10:00 AM tomorrow

Share your personal story — what your life was like before kratom, how you found it, and how it has helped you. Personal testimony is the most powerful tool we have.

🎙 Provide public comment in person or virtually:

Register in advance: us02web.zoom.us/webinar/register/WN_yUSudvgzR3G4PQo6rVsYJg

Public comment is restricted to the legislative portion of the agenda.

📺 Watch the hearing live:

Visit legis.delaware.gov and click "Senate" under Live Proceedings.

🔗 Take action: protectkratom.org/delaware

🔍 Find your local legislator: legis.delaware.gov/FindMyLegislator

🔗 Bill details: legis.delaware.gov/BillDetail?legislationId=143524

What to Say

Write in your own words and share your personal story. Use this as a guide:

"Please support HB 332. I support responsible regulation of kratom — age restrictions, safety standards, proper labeling, and rules that keep bad actors out of the marketplace. Regulation protects consumers while preserving access for responsible adults who depend on kratom. Please vote YES on HB 332."

What HS 1 for HB 332 Does

House Substitute 1 for HB 332 is a focused, science-based regulatory bill introduced by Rep. Ross Levin and Sen. Pinkney. It replaces the original HB 332 with a streamlined approach that does three important things:

1. Prohibits sales to minors
The bill makes it a Class B misdemeanor to sell, provide, or otherwise furnish kratom or any kratom product to anyone under 21 years of age. Retailers have an affirmative defense if the buyer presented a valid photo ID indicating they were 21 or older.

2. Bans marketing directed at children
The bill specifically prohibits marketing kratom using cartoons, superheroes, video game references, images of food products primarily intended for minors, trademarks that mimic products marketed to children, symbols or celebrities associated with minors, images of individuals who appear to be under 27, products stored in areas accessible to minors, or any claims of intoxication attractive to children. This is exactly the kind of targeted protection that addresses legitimate public health concerns without banning the product entirely.

3. Requires a formal report on kratom regulation
The Division of Alcohol and Tobacco Enforcement, in consultation with the Department of Health and Social Services, must prepare a comprehensive report by January 1, 2027 on kratom testing capabilities and potential licensing requirements. The report must specifically address natural kratom, synthetic kratom, and concentrated 7-OH products, examining the distinctions in potency and public health risk among each category. It must also provide recommendations on retail licensing, compliance enforcement, administrative penalties, product testing requirements, and appropriate restrictions based on potency and public health risk.

Rather than rushing to prohibition, Delaware is doing the work to understand the issue before crafting policy.

Why This Bill Matters

HS 1 for HB 332 reflects the distinction that the FDA has explicitly drawn between natural kratom leaf and dangerous synthetic 7-OH concentrates. The AHPA has similarly warned against conflating 7-OH with natural kratom. As research discussed on the Huberman Lab podcast and confirmed by an FDA study makes clear, these are fundamentally different products. This bill begins to address that distinction through a thoughtful, fact-finding process rather than a blunt ban.

The Kratom Consumer Protection Act framework has been adopted in 18 states. HS 1 for HB 332 is Delaware's first meaningful step toward joining them.

The Bigger Picture

Delaware has an opportunity to get this right. States that have chosen regulation over prohibition have consistently produced better outcomes for consumers and public health alike. HS 1 for HB 332 is not the finish line — it is the starting point for a regulated, responsible kratom marketplace in Delaware.

Letters of support close at 10:00 AM tomorrow. Every email sent today matters.