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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
kratom products; packaging; advertising
Purpose
Adds vending, packaging, manufacturing and advertising requirements for kratom products.
Background
Mitragyna speciosa, commonly known as kratom, is a tropical plant native to Southeast Asia whose main constituent alkaloids are mitragynine and 7-hydroxymitragynine. According to the U.S. Drug Enforcement Administration (U.S. DEA), the kratom plant's leaves, if consumed or ingested, can produce both stimulant and sedative effects in different doses (U.S. DEA).
Kratom qualifies as a dietary ingredient under the federal Food, Drug and Cosmetic Act and is regulated by the U.S. Food and Drug Administration (U.S. FDA) as a dietary supplement. Kratom has not been approved by the U.S. FDA for any medical use and is not scheduled as a controlled substance by the U.S. DEA (U.S. FDA Import Alert 54-15; 21 U.S.C. §§ 321; 812; and 350).
In 2019, the Legislature enacted the Kratom Consumer Protection Act which prohibits a dealer from distributing, selling or exposing for sale a kratom product to an individual under the age of 18, establishes disclosure requirements for kratom products and classifies a violation of prescribed kratom product requirements by a processor or retailer as a class 2 misdemeanor. In addition, a person aggrieved by a violation of prescribed kratom product requirements may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages (Laws 2019, Ch. 156; A.R.S. Title 36, Chapter 6, Article 10).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a retailer to keep all kratom products behind the sales counter.
2. Prohibits a processor or retailer from:
a) packaging or labeling any kratom product in a false or misleading manner;
b) manufacturing or selling any kratom product that resembles the form of a human, animal, insect, fruit, toy or cartoon; or
c) selling or advertising any kratom product with a name that resembles or imitates food or drink brands marketed to children or otherwise advertise kratom products to children.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
JT/NRG/ci