16-13-122. Content of kratom; required labeling.

All kratom products sold in, or delivered to, this state shall be derived from the natural kratom plant, and any manufactured or processed kratom product, including kratom extracts, shall not be modified, chemically or otherwise, processed, synthesized, or otherwise treated in any way that increases the levels of mitragynine or 7-hydroxymitragynine, beyond those described in subsection (b) of this Code section.#

No kratom product sold in, or delivered to, this state shall have a concentration ratio that is:#

1. (1)

   Greater than 150 mg mitragynine per serving;#

2. (2)

   Greater than 0.5 mg 7-hydroxymitragynine per gram; or#

3. (3)

   Greater than 1 mg 7-hydroxymitragynine per serving.#

A processor or retailer shall not prepare, distribute, sell, or expose for sale any of the following:#

1. (1)

   A kratom product that is adulterated;#

2. (2)

   A kratom product that contains or uses in its processing or manufacturing a food substance that is not generally recognized as safe in food products;#

3. (3)

   A kratom product containing any synthetic alkaloids or metabolite including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant; or#

4. (4)

   A kratom product in a form that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor in a solution or other form, including, but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of kratom in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.#

A processor shall maintain a registered agent in this state for service of process for the entire duration of such entity’s engagement in the business of a processor.#

Kratom packaging shall be accompanied by a label bearing the following information prior to its sale in this state:#

1. (1)

   Clearly labeled ingredients;#

2. (2)

   That the sale or transfer possession of kratom to another person under 21 years of age is prohibited;#

3. (3)

   The amount of mitragynine and 7-hydroxymitragynine contained in such product;#

4. (4)

   The total amount of mitragynine and 7-hydroxymitragynine contained in the packaging for such product;#

5. (5)

   The common or usual name of each ingredient used in the manufacture of such product, listed in descending order of predominance;#

6. (6)

   The name, physical address, and principal mailing address of the manufacturer or the person responsible for distributing such product;#

7. (7)

   Clear and adequate directions for the consumption of such product, including the recommended serving size and the time frame within which safe consumption should occur;#

8. (8)

   Any precautionary statements as to the safety and effectiveness of such product, including a warning that a consumer should consult their physician on questions about use of kratom, and state that the kratom product is not intended to “diagnose, treat, cure or prevent any disease”; and#

9. (9)

   A statement that a kratom product label is prohibited from making any therapeutic claims unless approved by the United States Food and Drug Administration.#

1. (1)

   A processor who knowingly or with criminal negligence commits an act in violation of this Code section shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be guilty of a felony, and shall be punished by imprisonment for not less than one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.#

2. (2)

   A processor who negligently commits an act in violation of this Code section shall be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.#

1. (1)

   A retailer who knowingly or with criminal negligence commits an act in violation of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be guilty of a felony, and shall be punished by imprisonment for not less than one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.#

2. (2)

   A retailer who negligently commits an act in violation of subsection (a), (b), (c), or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for a conviction of a first offense, such individual shall be punished by a fine not to exceed $250.00; for a conviction of a second offense, such individual shall be punished by a fine of up to $500.00; and for a conviction of a third offense, such individual shall be punished by a fine of up to $1,000.00; provided, further, that upon each subsequent conviction after a third conviction, such individual shall be guilty of a high and aggravated misdemeanor and shall be imprisoned for not less than ten days nor more than 12 months and punished by a fine of not less than $1,000.00 nor more than $5,000.00.#

3. (3)

   A retailer shall have a defense to prosecution under this subsection if such retailer proves by a preponderance of the evidence that the retailer relied in good faith upon the representations of a processor that the kratom, kratom product, or kratom extract and labeling complied with the provisions of this Code section.#