Sale, provision, or marketing of kratom or kratom products to minors; penalties; class B misdemeanor.
Del. Code tit. 16, § 3002U
in effect(a) A person is guilty of selling, providing, or marketing kratom or kratom products to a minor if the person sells, otherwise furnishes, or markets kratom or kratom products to a person under 21 years of age.
(b) Marketing of kratom or a kratom product is the use of any of the following in the advertising, promotion, packaging, or labeling of kratom or a kratom product:
(1) A cartoon.
(2) A superhero.
(3) A video game reference.
(4) An image of a food product primarily intended for a minor.
(5) A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to a minor.
(6) A symbol or celebrity that is primarily associated with a minor or media primarily directed to a minor.
(7) An image of an individual who appears to be under the age of 27.
(8) Products stored or displayed in an area accessible to nonemployee individuals under 21.
(9) Claims of intoxication or changes in mental status that are attractive to children.
(c) In any prosecution for an offense under this chapter, it is an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused, identification, with a photograph of the individual affixed thereon, which presented information that would lead a reasonable person to believe the individual was 21 years of age or older.
(d) A violation of this section is classified as a class B misdemeanor.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c030u/index.htmlFetched: 10/4/2026