AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO KRATOM.

House Substitute No. 1 for House Bill No. 332 prohibits the selling, providing, or marketing of kratom or a kratom product to an individual under the age of 21. A person who violates the prohibition is guilty of a class B misdemeanor. It also requires The Division of Alcohol & Tobacco Enforcement and the Department of Health and Social Services to provide a report on kratom testing capabilities and potential licensing requirements for retailers selling kratom products to the Governor and General Assembly by January 1, 2027.

This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts or justices of the peace of “such … misdemeanors as the General Assembly may from time to time … prescribe.”