For the purposes of this chapter:

(1) “Kratom” means any part of the plant Mitragyna speciosa L., whether growing or not, including the seeds, leaves, stems, roots, extracts, resins, and compounds thereof, and any salt, compound, derivative, mixture, preparation, synthetic equivalent, isomer, or salt of an isomer thereof.

(2) “Kratom alkaloid” means any indole based alkaloid naturally occurring in Mitragyna speciosa, including mitragynine and 7 hydroxymitragynine, and any salt, isomer, or salt of an isomer of such an alkaloid.

(3) “Kratom product” means a product meant for human consumption, in any form, including liquid, pill, capsule, tablet, powder, gummy, shot, beverage, or products marketed for human consumption, containing any part of the leaf of the plant Mitragyna speciosa, any alkaloid derived from Mitragyna speciosa, or substance manufactured to mimic any naturally occurring alkaloid from the plant Mitragyna speciosa, or any combination of such substances.

85 Del. Laws, c. 478, § 1; 

(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.

85 Del. Laws, c. 478, § 1;