AKA applauds 21+ age restriction and evidence-based review of kratom testing and retail licensing; pledges technical assistance to Delaware regulators
WASHINGTON, D.C. — September 11, 2026 — The American Kratom Association today welcomed Delaware Governor Matt Meyer’s signing of House Substitute 1 for House Bill 332, legislation establishing important consumer protections for kratom products while directing state agencies to evaluate the testing and regulatory resources needed to protect Delaware consumers. Governor Meyer signed the bill on September 8 after it passed the House of Representatives 39-1 on June 16 and cleared the Senate unanimously, 19-0, on July 1. Delaware becomes the 22nd state to enact kratom consumer protections.
The new law prohibits the sale, provision, or marketing of kratom or kratom products to anyone under 21 years of age. It also directs the Delaware Division of Alcohol & Tobacco Enforcement, in consultation with divisions of the Department of Health and Social Services, to conduct a comprehensive evaluation of the State’s kratom testing capabilities and potential licensing requirements for retailers. The agencies must report their findings and recommendations to the Governor and General Assembly by January 1, 2027.
“The American Kratom Association strongly supports Delaware’s decision to protect minors while taking a thoughtful, science-based approach to determining what additional regulatory tools are necessary to protect adult consumers,” said Mac Haddow, Senior Fellow on Public Policy for the American Kratom Association. “Governor Meyer and Delaware lawmakers, including the primary sponsors of the kratom legislation, Rep. Melanie Ross Levin and Sen. Marie Pinkney, deserve credit for rejecting simplistic approaches to kratom regulation and instead asking the right questions about product testing, enforcement, and the very real differences among products being marketed under the kratom name.”
Importantly, the legislation specifically directs regulators to examine natural kratom, synthetic kratom, and concentrated 7-hydroxymitragynine (7-OH) products, including the differences in potency and public-health risk among these categories and the testing methodologies necessary to identify them.
“That distinction is critically important,” Haddow said. “The kratom marketplace has changed dramatically. Regulators need the analytical capability to distinguish traditional natural kratom products from products containing synthetically produced, chemically manipulated, or highly concentrated compounds. Sound public policy begins with knowing what is actually in a product rather than treating every product carrying the word ‘kratom’ as if it were chemically or pharmacologically identical.”
The AKA will offer its full technical assistance to the Delaware Division of Alcohol & Tobacco Enforcement and the Department of Health and Social Services as they conduct the review required under the new law. In particular, the AKA will assist state officials in identifying existing public and private laboratory resources, validated analytical methodologies, and technical expertise that may help Delaware establish an effective and economically practical testing program.
The AKA also supports the law’s 21-and-over sales restriction, which provides a clear enforcement standard for retailers. Under the new law, selling, providing, or marketing a kratom product to an individual under 21 is prohibited and constitutes a Class B misdemeanor.
The AKA looks forward to working with Delaware officials during the preparation of the January 2027 report and with members of the General Assembly on any recommendations that emerge from that process.
