Kratom sellers would need licenses and follow product rules

Processors and retailers would need an attorney general license to prepare, distribute, or sell kratom products. The rules cover people who prepare, manufacture, distribute, wholesale, store, sell, or advertise kratom products, with a separate license for each facility or business location. Applicants must meet residency, business registration, criminal history, sanitation, safety, and ownership requirements. An initial license costs $10,000, and annual renewal costs $5,000. The attorney general must adopt rules before issuing licenses. Unlicensed preparation, distribution, advertising, or sale would be a class B misdemeanor. The licensing and business rules would apply when this Act becomes effective upon filing with the secretary of state.

Licensees would have to test and label kratom products and keep them behind a sales counter. The rules cover kratom products sold or handled by licensed processors and retailers, including products containing pure-leaf kratom. Products could not contain kratom extract, child-appealing designs, deceptive packaging, or most nonkratom substances. Labels would list ingredients, serving information, alkaloid amounts, warnings, and manufacturer or distributor contacts. An approved accredited laboratory would have to test each product before sale, with the licensee paying the cost. Violations could lead to product seizure, fines from $10,000 to $25,000, license suspensions, or permanent revocation. These requirements would apply when this Act becomes effective upon filing with the secretary of state.

People who intentionally ingest or possess covered kratom alkaloid derivatives would face criminal or civil penalties based on the offense and prior convictions. The controlled-substance listing covers specified natural, synthetic, and semisynthetic kratom derivatives, including products above stated 7-hydroxymitragynine thresholds and several named compounds. Intentional ingestion would be an infraction for a first offense and a class A misdemeanor for a second or later offense. Possession would be an infraction for a first offense, a class A misdemeanor for a second offense, and a class C felony for a third or later offense. The general ingestion rule has exceptions for substances obtained from a practitioner or under a valid prescription or order. These penalties would apply when this Act becomes effective upon filing with the secretary of state.

Kratom sellers would be barred from selling or advertising products to anyone under twenty-one, and the health department would receive money for public education. The age rules cover kratom sellers and people under twenty-one; the campaign would be run by the Department of Health and Human Services. People under twenty-one could not buy, possess, smoke, or use kratom under the stated offense rules, subject to the compliance-survey and work-duty exceptions. The campaign funding may be used for public awareness and maintaining kratom information on the department's website. The campaign appropriation is limited to $20,000, or the amount needed, and remains subject to the stated funding terms. The Act would take effect upon filing with the secretary of state; campaign funding would run from that date through June 30, 2027.