Bill > HB332

This bill establishes the Kratom Consumer Protection Act in Delaware, defining "kratom" as any part of the Mitragyna speciosa plant, "kratom alkaloid" as naturally occurring compounds like mitragynine, and "kratom product" as any consumable item containing kratom. It makes it illegal to sell, provide, or market kratom or kratom products to individuals under 21 years of age, classifying such violations as a class B misdemeanor, which is a less serious criminal offense. The bill also outlines specific marketing practices that are prohibited when targeting minors, such as using cartoons, superhero imagery, or claims of intoxication attractive to children. Furthermore, it includes an affirmative defense for sellers if a minor presents valid identification showing they appear to be 21 or older. Additionally, this bill mandates that the Division of Alcohol & Tobacco Enforcement, in collaboration with other state health divisions, must produce a report by January 1, 2027, detailing kratom testing capabilities and potential licensing requirements for retailers, with specific considerations for natural, synthetic, and concentrated kratom products, their potency, public health risks, and enforcement strategies.