36-795.02. Kratom products; adulteration; contamination; sales to minors prohibited

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

1. A kratom product that is adulterated with a dangerous nonkratom substance. A kratom product is adulterated with a dangerous nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.

2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a poisonous or otherwise deleterious nonkratom substance, including any controlled substance prescribed by chapter 27 of this title or rules adopted pursuant to chapter 27 of this title.

3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product.

4. A kratom product containing any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant.

5. Any kratom-containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.

B. A processor or retailer may not distribute, sell or expose for sale a kratom product to an individual who is under eighteen years of age.