16-13-121. Possession by individual under age 21; sale; penalty.

1. (1)

   No person shall knowingly sell or transfer possession of any kratom, kratom product, or kratom extract to another person under 21 years of age, nor shall any person under 21 years of age purchase or possess any kratom, kratom product, or kratom extract.#

2. (2)

   1. (A)

      The prohibition contained in paragraph (1) of this subsection shall not apply with respect to the sale or transfer of possession of kratom, kratom product, or kratom extract by a person when such person has been furnished with proper identification showing that the individual to whom the kratom, kratom product, or kratom extract is sold or transferred is 21 years of age or older.#

   2. (B)

      In any case when a reasonable or prudent person could reasonably be in doubt as to whether or not the individual to whom kratom, kratom product, or kratom extract is to be sold or transferred is actually 21 years of age or older, it shall be the duty of such person to request to see and to be furnished with proper identification. The failure to make such request and verification may be considered by the trier of fact in determining whether such person did knowingly sell or transfer possession in violation of paragraph (1) of this subsection.#

No person shall ingest kratom in a manner 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.#

No person shall sell, deliver, cause to be delivered, or assist in the delivery of any kratom in or to this state that can be ingested in a manner that violates subsection (b) of this Code section.#

No person shall offer for sale kratom in this state unless such product is behind a counter in an area only accessible to store employees or in a secured display which is only accessible with the intervention of a store employee.#

Any person that commits an act in violation 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 and each subsequent offense, such individual shall be punished by a fine of up to $1,000.00.#

No person shall sell or transfer possession of kratom to another person under 18 years of age, nor shall any person under 18 years of age possess kratom. A person who is convicted of violating this Code section shall be guilty of a misdemeanor.