§ 21-28.12-3. Kratom and kratom product limitations. [Effective April 1, 2026.]
(a) A person shall not prepare, distribute, sell, possess, or advertise any of the following:
(1) A kratom product that is a conventional food or beverage or labeled as a conventional food or beverage product.
(2) A kratom product that contains any substance that is poisonous, harmful, or injurious to health.
(3) A kratom product that contains a substance other than a non-psychoactive substance necessary for the preparation, processing, or manufacturing of said product.
(4) A kratom extract that contains levels of residual solvents higher than is allowed in the U.S. Pharmacopeia 467.
(5) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
(6) A kratom product that contains a heavy metal that exceeds any of the following limits in parts per million:
(i) Arsenic <2
(ii) Cadmium <0.82
(iii) Lead <1.2
(iv) Mercury <0.4
(7) A kratom product in any form that is combustible or intended to be used for vaporization, aerosolization, or injection.
(8) A kratom product in any form that mimics a candy product or is manufactured, packaged, or advertised in a way that can be reasonably considered to appeal to individuals under twenty-one (21) years.
(9) A kratom product not contained in child-resistant packaging that meets the standards set forth in 16 C.F.R 1700.15(b) when tested in accordance with 16 C.F.R 1700.20. All persons holding valid licenses pursuant to § 21-28.12 shall ensure that kratom and/or any kratom product sold by the licensee and intended for human consumption shall meet requirements related to child-resistant packaging.
(10) A kratom product that contains a concentration ratio that is:
(i) Greater than 150 mg of mitragynine per serving;
(ii) Greater than 0.5 mg 7-hydroxymitragynine per gram; or
(iii) Greater than 1 mg 7-hydroxymitragynine per serving.
(11) A kratom product that contains more than one percent of 7-hydroxymitragynine by percentage of total kratom alkaloids.
(12) Kratom or a kratom product that does not provide clearly visible labeling including, but not limited to:
(i) A recommendation to consult a healthcare professional prior to use;
(ii) A statement that kratom may be habit forming;
(iii) A statement that kratom is not safe for use while pregnant or breastfeeding;
(iv) A warning that the product may result in dangerous medication interactions.
(v) The following statement: “These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”;
(vi) The net quantity of contents declared in numerical count (e.g., thirty (30) capsules), or in volume or weight in United States Customary System terms;
(A) The amount of mitragynine and/or 7-hydroxymitragynine contained in a serving in said kratom product;
(B) A recommended amount of the kratom product per serving; and
(C) A recommended number of servings that can be safely consumed in a twenty-four-hour (24) period.
(vii) The total amount of mitragynine and 7-hydroxymitragynine contained in the kratom product;
(viii) A statement that this product should be stored safely and out of the reach of children;
(ix) The name, physical non-post office box address of the manufacturer.
(b) Kratom and kratom products sold at retail must be sold by a licensed retailer and must be obtained from a licensed manufacturer, importer, or distributor.
(c) All kratom and kratom products that do not comply with subsection (a) of this section shall be deemed contraband.
History of Section.
P.L. 2025, ch. 446, § 1, effective April 1, 2026; P.L. 2025, ch. 447, § 1, effective
April 1, 2026.