---
title: O.C.G.A. § 16-13-120. Definitions.
collection: code
id: 16-13-120
cite_as: O.C.G.A. § 16-13-120 (2025)
canonical_url: https://georgiacommons.org/code/16-13-120
md_url: https://georgiacommons.org/code/16-13-120.md
text_url: https://georgiacommons.org/code/16-13-120/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t16-ch12-17-(v14b)-2024-pdf.pdf?sfvrsn=a591fa7b_0#page=708
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/16-13.md
previous: https://georgiacommons.org/code/16-13-114.md
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index: https://georgiacommons.org/code/index.md
version: Effective January 1, 2025.
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMES AND OFFENSES / CONTROLLED SUBSTANCES / KRATOM
---

# O.C.G.A. § 16-13-120. Definitions.

As used in this article, the term:

(1) “Adulterated” has the same meaning as in Code Section 26-2-26.

(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.

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

(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.

(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.

(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.

## 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.

## 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.

## 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.

## 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.