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HB21 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.

Energy
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
K. Williams
Last action
2025-07-21
Official status
Signed 7/21/25
Effective date
Not listed

Plain English Breakdown

The official status indicates the bill was signed on July 21, 2025, but does not specify if it is effective immediately or at a later date.

Delaware Law Banning Tianeptine Sales

This law bans the sale of tianeptine in Delaware by listing it as a Schedule I controlled substance.

What This Bill Does

  • Adds tianeptine, including its salts and isomers, to the list of banned drugs under Title 16 of the Delaware Code.
  • Classifies tianeptine as a Schedule I controlled substance.

Who It Names or Affects

  • People who sell or distribute tianeptine in Delaware
  • Gas station owners and shopkeepers who currently stock the product

Terms To Know

Schedule I controlled substance
A category of drugs that are illegal to make, sell, or possess.
Tianeptine
An antidepressant drug not approved by the FDA that is being sold as a dietary supplement in gas stations and other shops.

Limits and Unknowns

  • The official text does not state the exact date when this law becomes effective.
  • The source material mentions expanding an existing misdemeanor but does not list specific prison sentences or fine amounts for breaking this new rule.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Hansen

Passed 6/30/25

Plain English: This amendment changes House Bill No. 21 so that individuals cannot be punished for simply possessing the drug tianeptine, even though selling it remains illegal.

  • It stops any criminal or civil penalties from being given to people who have tianeptine in their possession.
  • It prevents the government from taking away a person's property (asset forfeiture) just because they were found with tianeptine.
  • It keeps it illegal and punishable to make, sell, or give tianeptine to others.
  • The text does not define exactly how much tianeptine counts as 'possession' versus a larger amount that might be treated differently.
  • It is unclear if this protection applies only to small amounts bought at stores or any quantity an individual holds.

Bill History

  1. 2025-07-21 Delaware General Assembly

    Signed by Governor

  2. 2025-06-30 Delaware General Assembly

    Amendment SA 1 to HB 21 - Introduced and Placed With Bill

  3. 2025-06-30 Delaware General Assembly

    Amendment SA 1 to HB 21 - Passed By Senate. Votes: 21 YES

  4. 2025-06-30 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  5. 2025-06-30 Delaware General Assembly

    Passed By House. Votes: 37 YES 3 ABSENT 1 VACANT

  6. 2025-03-26 Delaware General Assembly

    Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 3 On Its Merits, 1 Unfavorable

  7. 2025-03-20 Delaware General Assembly

    Passed By House. Votes: 36 YES 5 ABSENT

  8. 2025-03-20 Delaware General Assembly

    Assigned to Health & Social Services Committee in Senate

  9. 2025-01-29 Delaware General Assembly

    Reported Out of Committee (Health & Human Development) in House with 9 Favorable, 3 On Its Merits

  10. 2024-12-19 Delaware General Assembly

    Introduced and Assigned to Health & Human Development Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.
This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Hansen

Reps. Gorman, Hilovsky, Morrison, Neal, Ross Levin, Romer, Chukwuocha, Heffernan, Griffith, Harris; Sens. Hoffner, Poore, Buckson, Pettyjohn, Richardson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 21

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 4714, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4714. Schedule I.

(h) Any material, compound, mixture, or preparation that contains any quantity of tianeptine including its salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible.

SYNOPSIS

This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor.