Published: 08/10/2026 | Author: Nikki Wisher

The federal government and the states no longer regulate the same product. For anyone managing narcotic addiction with kratom, or trying to stop using it, that gap now determines what’s legal to buy depending on which side of a state line you stand on.

The Drug Enforcement Administration filed notice on July 1, 2026 to temporarily place concentrated and synthetic 7-hydroxymitragynine, known as 7-OH, into Schedule I. That action narrowly targets concentrated extracts and lab-synthesized compounds above a specified threshold. It doesn’t cover botanical kratom leaf products that fall below it.

Which means the leaf itself is still a state question. Delaware is currently answering it two ways at once.

Two Bills Pulling in Opposite Directions

To be sure, The First State maintains many inpatient programs to combat substance addictions. Local Narcotics Anonymous chapters dot neighborhoods statewide to provide community resources for residents. 

However, new drugs like kratom continue to take their toll. Policymakers remain hard pressed to stay atop of the crisis.

Rep. Melanie Ross Levin sponsors a regulatory bill. Anyone preparing, marketing, distributing, or promoting kratom products must follow a set of rules including banning products mixed with a dangerous substance other than kratom, those containing certain plant compounds, and those failing to disclose on the label. Vendors can’t sell to anyone under 21 and can’t feature superheroes, celebrities, cartoons, or similar imagery appealing to minors. Violations would be a class B misdemeanor.

“This bill is really a commonsense bill that creates basic safety rules, clear labeling and youth protection, while still allowing adults to access this product,” Ross Levin told reporters. She acknowledges that many adults in the state use kratom supplements for pain or other health problems.

Sen. Kyra Hoffner sponsors the opposite approach. Her bill would make manufacturing, marketing, distributing, and selling kratom products illegal statewide, covering natural and synthetic forms alike. It originally treated violations as a Class C felony and was substituted in April to strike charges for simple possession.

“It’s not marketed as a dietary supplement or food additive,” Hoffner argued. “So really, you’re risking your life taking it.”

Ross Levin’s bill cleared the Delaware House with a large majority on June 16 and moved to the Senate Health and Social Services Committee. Hoffner’s substituted bill hadn’t yet been heard by that committee.

The Federal Floor Doesn’t Settle the Issue

The DEA action addresses kratom products most associated with acute harm, the concentrated tablets, gummies, and shots sold in gas stations and smoke shops. It leaves the plant material alone.

States have filled that space unevenly. Delaware is one of roughly 15 states where kratom remains legal. As the number of kratom poisonings rise nationwide, at least half of U.S. states have some regulatory measure in place. At least six states plus the District of Columbia and even the military have banned it outright.

So a person using kratom leaf daily is subject to a legal regime that changes at the state border and may change again depending on how a legislature votes. That’s a difficult environment in which to manage a dependence.

A Ban for People Using Kratom

Some people use kratom to manage pain. Others use it specifically to hold off opioid withdrawal, often because treatment was inaccessible or unaffordable. Kratom’s active compounds act on opioid receptors, which is why it can suppress withdrawal and why stopping after regular use can produce withdrawal of its own.

A prohibition removes the current approach without supplying a replacement. If Hoffner’s bill were to pass, people in that situation would need somewhere to go, and the evidence-based options are prescribed rather than purchased over a counter.

Buprenorphine and methadone reduce withdrawal symptoms and cravings and lower overdose risk. Naltrexone becomes an option once withdrawal is complete. Medications are managed by a prescriber who can adjust dosing, which isn’t true of an unregulated product with inconsistent labeling.

Narcotics Anonymous meetings run alongside medical treatment rather than in competition with it, and attending does not require having already stopped.

Peer Support for Narcotic Addiction

Our searchable directory indexes NA meetings across Delaware and nationwide by city with filters for open, closed, virtual, and Spanish-language meetings. 

You can also call 800-934-1582(Sponsored) to speak with an expert. You can explore free, confidential referrals with our team 24 hours a day.