§ 21-28.12-5. Violations. [Effective April 1, 2026.]
(a) A person or entity that violates § 21-28.12-3 or § 21-28.12-4 may be subject to the suspension or revocation of its license pursuant to § 21-28.12-9 by the department and shall be subject to a fine by the department of not more than one thousand dollars ($1,000) for the first offense and not more than two thousand dollars ($2,000) for a second offense. Upon a third violation, the license of the retailer shall be revoked by the department, and the retailer shall be prohibited from selling kratom or kratom products.
(b) The department may require an independent third-party test of a kratom product by a laboratory of the department’s choice to determine if the product is prohibited by § 21-28.12-3, and the retailer shall be required to submit payment for the test and administrative costs associated with said testing. If the retailer does not tender payment to the department within thirty (30) days of receipt of the invoice, the retailer may be subject to the suspension or revocation of its license pursuant to this section.
(c) The department of health, the department of revenue division of taxation, and the department of behavioral healthcare, developmental disabilities and hospitals are authorized to share information to effectuate the purposes of this chapter and chapter 20.3 of title 44.
(d) A person or entity who violates the provisions of this chapter by adulterating a kratom product with any substance listed in § 21-28-2.08 [repealed] shall be subject to penalties set forth in this chapter as well as in § 21-28-4.01.
(e) All funds received by the department pursuant to this section shall be deposited into a restricted receipt account established in § 21-28.12-11.
History of Section.
P.L. 2025, ch. 446, § 1, effective April 1, 2026; P.L. 2025, ch. 447, § 1, effective
April 1, 2026.