New laws take effect in Delaware, setting age limits on an increasingly popular substance and another creating a new job within the Department of Education.
HB 332: new rules on Kratom
People under 21 years old in Delaware can no longer buy Kratom, an herbal supplement sold in smoke shops throughout Delaware.
Kratom's first recorded use in the US are unofficial accounts reported in the late 90s and early 2000s. It's grown in popularity since and harm reduction advocates say it can help curb side effects of opioid withdrawal. A University of Michigan report said in 2024, approximately three percent of adults between 21-34 years old reported using Kratom at least once.
State Senator Marie Pinkney (D-Dear/New Castle) was HB 332’s Senate prime sponsor. She said when she joined on the legislation, she heard from a constituent who was worried Delaware would join the ten states with some form of a ban on the substance.
"That was my first real lesson in education on what Kratom was," Pinkney said.
States have struggled with how to address inconsistency with Kratom products in the market, which can be sold in capsules, liquid extract, and as powder.
The federal government hasn't regulated Kratom, though it calls it a substance of concern. Concentrated forms of its 7-OH compound and semi-synthetic variations demonstrate potential for abuse and negative side effects, according to some substance use prevention groups. The Cleveland Clinic says the lack of regulation means it can be mixed and sold with unknown contaminants.
"There are people who use it in its purity," Pinkney said. And the legislation was written with community members in mind, "who have found solace in this and who have been able to use it in its pure form in ways that have been beneficial."
The law directs the State Division of Alcohol and Tobacco Enforcement and Department of Health and Social Services to evaluate the state’s ability to test kratom and possible licensing requirements for shops selling it– which they will report to the governor and state lawmakers by January.
The global market for kratom is valued at $2.56 billion for 2025, according to one market report, with the US market driving growth. One 2021 study from the National Institute on Drug Abuse said it found that living in a small metro or suburban county was associated with a 32% greater likelihood of lifetime kratom use and a 41% greater likelihood of use that year.
A new statewide Title IX position
Another law establishes a position in Delaware’s Department of Education to oversee and enforce public schools’ compliance with Title IX in their athletic programs.
The position was created by HB 300 and its fiscal note projects its first year of operation will cost approximately $363 thousand for fiscal year 2027, which started in July. The Title IX statewide coordinator salary is set to start at more than $150 thousand.
Title IX is more than 50 years old, and prohibits sex discrimination in education. But a 2023 ACLU of Delaware report said male and female high school athletes in Delaware don’t have access to the same opportunities and resources.
State Rep. Melanie Ross Levin (D-Brandywine) is the bill’s sponsor. Elected in 2024, she previously led the Delaware Office of Women's Advancement and Advocacy. In that position, she received reports from parents on inequities in school sports which she said, "started me down a very long road, researching the issue."
Levin wrote her own comprehensive report on Title IX in Delaware schools. She said she wasn't allowed to release the report, which is why she ran for office.
"Our girls shouldn't have to wonder whether they're getting a fair shake," she said. "And their parents shouldn't have to fight for the information to find out."
All school districts receiving federal money have a designated staff member to handle Title IX compliance. Levin said creating a statewide position will improve state coordination on the policy. It asks the coordinator to create Title IX policies and procedures for Delaware school districts.
Levin said the new law's most important mechanism is greater transparency requirements on data collection and reporting. The coordinator will prepare an annual report for the governor and legislature on Title IX in the state's schools and efforts made to improve compliance.
