Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 13. CONTROLLED SUBSTANCES · Article 6. KRATOM

16-13-120. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective January 1, 2025.In force today: Effective January 1, 2025.
  1. As used in this article, the term:

  2. (1)

    “Adulterated” has the same meaning as in Code Section 26-2-26.#

  3. (2)

    “Kratom” means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine.#

  4. (3)

    “Kratom extract” means a kratom product that has been modified, processed, or otherwise manufactured with a food-grade solvent.#

  5. (4)

    “Kratom product” means a product containing any part of the leaf of the plant mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form.#

  6. (5)

    “Processor” means a person or entity that prepares, manufactures, distributes, or maintains kratom products or that advertises, represents, or holds itself out as preparing, manufacturing, distributing, or maintaining kratom products.#

  7. (6)

    “Retailer” means a person or entity that sells or holds itself out as selling kratom products at retail to the general public; provided, however, that such person or entity shall also be included within the definition of “processor” as set forth in this Code section to the extent that he or she engages in the business of a processor. Such term shall not include a store employee at a retailer’s place of business.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-13-120, enacted by Ga. L. 2019, p. 273, § 1/HB 551; Ga. L. 2024, p. 544, § 1/HB 181, effective January 1, 2025.

Delayed effective date

Code Section 16-13-120 is set out twice in this Code. This version is effective January 1, 2025. For version effective until January 1, 2025, see the preceding version.

Amendments

The 2024 amendment, effective January 1, 2025, rewrote this Code section, which read: “As used in this article, the term ‘kratom’ means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynin.” See Editor’s notes for applicability.

Editor's notes

Ga. L. 2024, p. 544, § 4/HB 181, not codified by the General Assembly, makes the amendment of this Code section applicable to offenses committed on or after January 1, 2025.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch12-17-(v14b)-2024-pdf.pdf, Volume V14B, 2024 edition, pages 708 to 709; merge action: carried; file SHA-256 36dbab616896.