Kratom sellers would face drug penalties; possession alone would be protected

Delaware would list kratom and related substances in Schedule I, a category of controlled drugs, and penalize people who make, sell, or deliver them. The rules cover kratom, products intended for human use that contain its ingredients, and substances with similar chemical structure or effects. A product counts even when its label uses another name.

Delaware would bar civil or criminal penalties and efforts to take property through a drug case for an individual’s possession alone. The protection covers an individual’s possession of kratom, kratom products, or synthetic lookalikes. The protection does not cover making, selling, or delivering these substances. Possessing a kratom product with intent to sell would be unlawful.

Delaware would use three amount tiers to classify kratom drug charges. The tiers cover kratom, kratom products, synthetic lookalikes, and mixtures containing them. The tiers begin at 100, 200, and 500 grams; 100, 200, and 500 milliliters; or 10, 20, and 50 retail packages, respectively.