Amends TCA Title 39, Chapter 17, Part 4 and Title 43.

This bill prohibits a processor from preparing, manufacturing, distributing, or selling, and a retailer from selling or exposing for sale, any of the following: <br /> <br /> (1) A kratom product that is adulterated with a dangerous non-kratom product;<br /> <br /> (2) A kratom product that is contaminated with a dangerous non-kratom substance;<br /> <br /> (3) A kratom product that does not list all ingredients on the label; <br /> <br /> (4) A kratom extract that contains levels of residual solvents higher than allowed under the United States Pharmacopeia; <br /> <br /> (5) A kratom product containing a level 7-hydoxymitragynine in the alkaloid fraction that is greater than 2 percent of the overall alkaloid composition of the product; <br /> <br /> (6) A kratom product containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or another synthetically derived compound of the kratom plant; or <br /> <br /> (7) A kratom product or extract that does not provide labeling directions necessary for safe use by consumers. <br /> <br /> PENALTIES<br /> <br /> This bill establishes the following penalties for a processor or retailer who violates the above provisions:<br /> <br /> (1) A first offense constitutes a Class B misdemeanor, punishable only by a $500 fine; and<br /> <br /> (2) A second or subsequent offense constitutes a Class A misdemeanor, punishable only by a $2,500 fine.<br /> <br /> For a retailer, this bill establishes a defense to prosecution if the retailer proves, by a preponderance of the evidence, that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor that the purchased kratom product or extract was unadulterated and uncontaminated.<br /> <br /> Under present law, it is a Class A misdemeanor for a person to knowingly sell, or offer for sale, kratom unless labeled and in its natural form; distribute, sell, or offer for sale, kratom to a person under the age of 21; or purchase or possess kratom if under the age of 21. <br /> <br /> This bill deletes this present law offense and provides, instead, that it is a Class A misdemeanor for a person to knowingly: <br /> <br /> (1) Distribute, sell, or offer for sale, a kratom product or kratom extract to a person under 21 years of age; <br /> <br /> (2) Purchase or possess a kratom product or kratom extract if under 21 years of age; or <br /> <br /> (3) Prepare, manufacture, distribute, or sell a kratom product or kratom extract if the person is not a processor or retailer.<br />