Committee advances conversation on age‑gating kratom while studying testing and regulation

Senator Pinckney presented HS1 for House Bill 332, which would prohibit sale of kratom products to persons under 21 and require agencies to study the state's ability to test and distinguish natural leaf kratom from synthetic or adulterated products (for example, products boosted with 7‑OH derivatives). The sponsor and the House sponsor, Representative Ross Levin, said early drafts sought to ban synthetics outright but that state testing capacity to identify adulterants is currently limited, so the substitute takes a step‑wise approach: immediate age‑gating for minors and a mandated study to identify testing and regulatory needs.

Lieutenant Mike Louazo of the Division of Alcohol, Tobacco and Marijuana Enforcement (soon to add Marijuana to the division name) described the enforcement challenge: the state currently lacks in‑state forensic capacity to measure fine distinctions in alkaloid levels and out‑of‑state labs have inconsistent capabilities; that testing gap was the principal reason sponsors moved from an immediate content‑based ban to age‑gating plus a study.

Public comment was extensive and divided. Hospitals and health systems (Christina Brian, Delaware Health Care Association; Kristen Dwire, Nemours) expressed support for regulation to reduce emergency visits, while many individuals in long‑term recovery and industry representatives urged preserving access to natural kratom for harm reduction and rehabilitation uses. Recovery advocates and long‑term users (Becca Chapman, Adam Sui, Misty Brown, Laura Romney and others) supported age‑gating and called for targeted bans on synthetic 7‑OH derivatives rather than a wholesale prohibition. The committee did not take a final vote on HS1 for HB332 at the hearing.