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Bill

Bill

HB 21

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

153rd General Assembly (2025-2026) Introduced by Frank Cooke and 13 co-sponsors

Delaware regulates or prohibits tianeptine sales, an uncontrolled substance increasingly sold as a dietary supplement with abuse and withdrawal risks.

Signed by Governor
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Bill Summary · HB 21

Legislative bill overview

HB 21 amends Delaware's Title 16 (Health and Safety Code) to regulate tianeptine, a substance increasingly sold as a dietary supplement or "gas station drug" despite being a prescription antidepressant in other countries. The bill establishes controls on tianeptine's sale, possession, and distribution within Delaware, treating it as a controlled substance or restricted product depending on the specific amendment language.

Why is this important

Tianeptine has gained popularity in the United States as an unregulated over-the-counter product marketed under names like "Za Za Red" and "Tianna," despite evidence of abuse potential and withdrawal symptoms similar to opioids. Delaware's action addresses a emerging public health concern by removing a substance from legal commerce that poses risks of dependency and adverse health effects, particularly among younger consumers seeking alternative highs.

Potential points of contention

  • Definition of tianeptine products: Ambiguity about whether the law covers all tianeptine-containing products or only specific formulations, potentially creating loopholes for reformulated versions
  • Existing user impacts: Questions about enforcement against current users and whether possession becomes illegal retroactively, affecting those who purchased the substance legally before the ban
  • Interstate commerce complications: Difficulty preventing online purchases from out-of-state vendors and enforcing restrictions when the federal government has not scheduled tianeptine

Compiled from official sources — confirm details with the bill’s official record.

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