 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
kratom products; narcotic drugs
Purpose
Modifies requirements relating to kratom product regulation. Adds any
quantity of various synthetic mitragyna speciosa compounds and any compound
containing at least 800 ppm of
7-hydroxymytragynine to the statutory list of narcotic drugs.
Background
A kratom product is a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa (A.R.S. § 36-795). Consumption of kratom leaves produces both stimulant effects in low doses and sedative effects in high doses. Kratom leaves contain two major psychoactive ingredients, mitragynine and 7-hydroxymytragynine. The leaves are crushed and then smoked, brewed with tea or placed into gel capsules for consumption (U.S. DEA).
A
processor or retailer may not prepare, distribute, sell or expose for sale any
kratom product that: 1) is adulterated or contaminated with a dangerous
nonkratom substance; 2) contains a level of 7-hydroxymytragynine in the
alkaloid fraction that is greater than two percent of the alkaloid composition
of the product; 3) contains any synthetic alkaloid, including synthetic
mitragynine, synthetic 7-hydroxymytragynine or any other synthetically derived
compounds of the kratom plant; or 5) does not include the amount of mitragynine
or 7-hydroxymytragynine on its package or label. Processors and retailers that
sell any food that is represented to be a kratom product must disclose the
factual basis on which that representation is made on the product label and
kratom products may not be sold to individuals who are under 18 years old
(A.R.S.
§§ 36-795.01
and 36-795.02).
Narcotic
drugs are defined as a plethora of various drugs and drug compounds,
whether of natural or synthetic origin and any substance neither chemically nor
physically distinguishable from them (A.R.S.
§ 13-3401). A person may not knowingly: 1) possess or use a narcotic drug;
2) possess a narcotic drug for sale; 3) possess equipment or chemicals, or
both, for the purpose of manufacturing a narcotic drug; 4) manufacture a
narcotic drug; 5) administer a narcotic drug to another person; 6) obtain or
procure the administration of a narcotic drug by fraud, deceit,
misrepresentation or subterfuge; or 7) transport for sale, import, or offer to
transport for sale or import, sell, transfer or offer to sell or transfer a narcotic
drug (A.R.S.
§ 13-3408).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the statutory list of narcotic drugs, any material, compound, mixture or preparation that contains:
a) at least 800 ppm of 7-hydroxymytragynine; or
b) any quantity of synthetic 7-hydroxymytragynine, synthetic mitragynine or pseudoindoxyl or any other synthetically derived compound of the plant mitragyna speciosa.
2. Prohibits a person from selling kratom products to persons under 21 years old, rather than under 18 years old.
3. Classifies selling a kratom product to a person under 21 years old as a class 1 misdemeanor, with a second or subsequent offense within 24 months carrying a class 6 felony.
4. Repeals existing statute relating to kratom product disclosure and instead requires any kratom product that is offered for sale in Arizona to include a label or consumer quick response code or similar technology the provides the:
a) ingredients of the kratom product;
b) quantity of the mitragynine or 7-hydroxymytragynine in the kratom product;
c) recommended servicing size of the kratom product; and
d) number of servings in the kratom product.
5. Prohibits a person who sells kratom products from:
a) packaging or labeling any kratom product in a false or misleading manner;
b) advertising kratom products, including kratom paraphernalia, to individuals under 21 years old, including advertising:
i. with names that resemble or imitate food or drink brands that are marketed to children;
ii. with images or likenesses of toys, cartoons or animated or fictional characters, that are designed to appeal to or encourage individuals who are under 21 years old to consume kratom products; and
iii. in a medium that specifically appeals to individuals who are under 21 years old such that the advertising has a special attractiveness to individuals who are under 21 years old beyond general attractiveness for individuals who are at least 21 years old.
c) advertise any health-related statement or statement regarding the effects of kratom consumption on health that is known to be untrue.
6. Specifies that any advertising involving direct, individualized communication or dialogue must use a method of age affirmation to verify that the recipient is at least 21 years old.
7. Specifies that the method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods.
8. Requires kratom regulations to be enforced by the Attorney General (AG).
9. Stipulates that an individual or entity that violates kratom regulations has 14 days to comply after notification by the Department of Health Services or the AG.
10. Removes the stipulation that a processor or retailer does not violate a labeling or selling requirement if the court finds by a preponderance of the evidence that the processor or retailer relied in good faith on the representation of a manufacturer, packer or distributor that the food was a kratom product.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
House Action
JUD 2/4/26 DPA 6-3-0-0
3rd Read 2/26/26 36-17-7
Prepared by Senate Research
March 16, 2026
ZD/ci