|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DPA 6-3-0-0 | Third Read 36-17-7-0Senate: JUDE DP 4-3-0-0 | Third Read 22-7-1-0-0 |
HB 2415: kratom products; narcotic drugs
Sponsor: Representative Nguyen, LD 1
Senate Engrossed
Overview
Modifies regulation of kratom products by revising labeling requirements, raising the minimum age for sale, prohibiting synthetically derived kratom products and revising product standards.
History
Current law prohibits a processor or retailer from preparing, distributing, selling or exposing for sale certain kratom products, including: 1) kratom products that are adulterated or contaminated with a dangerous non-kratom substance; 2) kratom products with 7-hydroxymitragynine levels in the alkaloid fraction greater than two percent of the alkaloid composition of the product; 3) kratom products containing any synthetic alkaloid, including synthetic mitragynine and synthetic 7-hydroxymitragynine; and 4) kratom-containing products whose label does not include the amount of mitragynine and 7-hydroxymitragynine contained in the product. Current law also prohibits distributing, selling or exposing for sale a kratom product to an individual under 18 years old (A.R.S. § 36-795.02).
Provisions
1. Adds kratom products containing more than 800 parts per million 7-hydroxymitragynine and various synthetically derived kratom compounds to the definition of narcotic drugs. (Sec. 1)
2. Requires any kratom product sold in Arizona to include a label that provides:
a. the ingredients of the kratom product;
b. the quantity of mitragynine or 7-hydroxymitragynine in the kratom product;
c. the recommended serving size of the kratom product; and
d. the number of servings in the kratom product. (Sec. 4)
3. Makes it a class 2 misdemeanor to sell a kratom product in Arizona without the aforementioned label. (Sec. 6)
4. Raises the minimum age to purchase kratom from 18 years of age to 21 years of age and makes it a class 1 misdemeanor for any person to prepare, transport or sell kratom to someone below 21 years of age if it is the persons first offense, and makes it a class 6 felony for subsequent offenses. (Sec. 4, 6)
5. Restricts any person who sells kratom products from:
a. packaging or labeling any kratom product in a false or misleading manner;
b. advertising kratom products to an individual under 21 years of age; or
c. advertising any health-related statement or statement regarding the effects of kratom consumption on health that is known to be untrue. (Sec. 7)
6. Directs that any advertising of kratom products involving direct or individualized communication or dialogue must use a method of age affirmation to verify that the recipient is at least 21 years of age before engaging in the communication. (Sec. 7)
7. Directs that the aforementioned age verification may include user confirmation, birth date disclosure methods or other similar registration methods. (Sec. 7)
8. Directs that the Attorney General's office is responsible for enforcing all restrictions on the advertising of kratom products and provides an individual or entity 14 days to comply if notified by the Attorney General that they are in violation of kratom advertising restrictions.
9. Strikes language specifying that violations and enforcement of kratom products are to be governed by statutes relating to pure food control. (Sec. 6)
10. Strikes language relating to the sale of food represented to be a kratom product. (Sec. 3)
11. Strikes language relating to the manufacture, distribution and sales of kratom products (Sec. 5)
12. Defines pertinent terms. (Sec. 2)
13. Makes technical and conforming changes. (Sec. 1, 2, 4, 5, 6)
Senate Amendments
1. Prohibits the sale of any kratom product within 500 feet of a public or private school, childcare facility or any facility that provides preschool programs.
2. Requires retailers to keep all kratom products behind the sales counter.
3. Specifies that outlined package and label requirements only apply to processors and retailers who sell kratom products.
4. Restricts processors and retailers who sell kratom products from advertising with representations of the consumption of kratom products to persons under 21 years of age.
5. Restricts processors and retailers from advertising on or within certain public areas, including airports, transportation shelters, buses, trains, shuttles or trams.
6. Restricts processors and retailers from advertising electronically, via social media or on a website unless 73.6% of the audience is expected to be at least 21 years of age.
7. Restricts processors and retailers from sponsoring any sporting event unless at least 73.6% of the audience is expected to be at least 21 years of age or the organization provides written approval and further requires that any sponsorship acknowledgement must be in accordance with the restrictions outlined within this Act.
8. Directs that all advertising done by processors and retailers must contain a conspicuous and legible warning and outlines content and size requirements of that warning.
9. Mandates that an advertising platform may host advertising only if the advertising accurately identifies the entity responsible for the content and the advertising contains the aforementioned warning.
10. Restricts processors and retailers from advertising via a billboard advertisement if the billboard is within 1000 radial feet of any childcare center, church, substance abuse recovery facility, public park or playground or any private or public school that instructs grades one through twelve.
11. Mandates that any individual or entity who violates the aforementioned billboard restrictions must comply within 30 days of being notified by the Attorney General's office that they are in violation.
12. Stipulates that if the aforementioned individual or entity is unable to comply within 30 days, due to circumstances beyond the billboard operators' control, the advertisement must be removed as soon as safely and legally practicable.
13. Stipulates that law enforcement agencies and crime laboratories are not required to test or analyze products to identify the presence of kratom, or to distinguish between natural and synthetic kratom, if the agency or laboratory does not possess the necessary capability to do so.
14. Allows the Attorney General to coordinate kratom testing and analysis through a qualified laboratory if a law enforcement agency or crime laboratory does not have the capability to test or analyze kratom.
15. Repeals all statutes regulating the advertising or sale of kratom products if the U.S. Drug Enforcement Administration schedules kratom, mitragynine or any substance derived from the mitragyna speciosa plant as a controlled substance on or before January 1, 2037.
16. Directs the Executive Director of the Arizona State Board of Pharmacy to notify the Director of Legislative Council if the aforementioned condition is met or not by March 1, 2037.
17.
18.
19. ---------- DOCUMENT FOOTER ---------
20. Initials NM HB 2415
21. 4/21/2026 Page 0 Senate Engrossed
22.
23. ---------- DOCUMENT FOOTER ---------