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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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. Repeals all statutes that permit the sale and regulation 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.
3. Requires the Director of the Arizona State Board of Pharmacy to notify the Director of Legislative Council if this condition is met or not met.
4. Prohibits a person from selling kratom products to persons under 21 years old, rather than under 18 years old.
5. 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.
6. Requires kratom product retailers to keep all kratom products behind the sales counter.
7. Prohibits a kratom product retailer from selling any kratom product within 500 feet of a public or private school, a child-care facility or a facility that provides preschool programs.
8. 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 serving size of the kratom product; and
d) number of servings in the kratom product.
9. 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;
iii. with images or visual representations of the consumption of kratom or kratom products; and
iv. 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 at, on or within public airports, public transportation shelters, public buses, public trains, public shuttles or public trams;
d) advertise any health-related statement or statement regarding the effects of kratom consumption on health that is known to be untrue;
e) advertise electronically via social media or on a website, unless at least 73.6 percent of the audience is expected to be at least 21 years old;
f) sponsor any sporting event unless at least 73.6 percent of the audience is expected to be at least 21 years old, or unless the organization provides written approval and the sponsorship acknowledgement adheres to additional requirements; and
g) advertise on billboards within 1,000 radial feet of any child care center, church, substance abuse recovery facility, public park, public playground or public or private school.
10. 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.
11. Specifies that the method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods.
12. Requires all kratom product advertising to contain a conspicuous and legible warning against the use of kratom products if the person is under 21 years old or pregnant, and to keep kratom products out of reach of children.
13. Requires all printed warnings to occupy at least 10 percent of the advertising area and be in black font on a white background, unless the advertisement is a billboard advertisement.
14. Specifies that a person has 30 days after notification from the Attorney General's (AG's) Office to remedy a violation of billboard advertising requirements, except that an advertisement must be removed as soon as safely and legally practicable if circumstances beyond the billboard operator's control prevent the removal within 30 days.
15. Specifies that individuals or entities that fail to comply with billboard requirements are subject to civil penalties and disciplinary action as specified.
16. Allows an advertising platform to host advertising only if the advertising accurately and legibly identities the entity responsible for the content of the advertising and the advertising contains the printed warning as outlined.
17. 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 law enforcement agency or laboratory does not possess the necessary capability to test the product.
18. Allows the AG 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.
19. Requires kratom regulations to be enforced by the AG.
20. 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.
21. 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.
22. Makes technical and conforming changes.
23. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Prohibits a kratom product retailer from selling any kratom products within 500 feet of a public or private school, a child care facility or a facility that provides pre-school programs.
2. Requires kratom product retailers to keep all kratom products behind the sales counter.
3. Repeals all statutes that permit the sale and regulation 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.
4. Requires the Director of the Arizona State Board of Pharmacy to notify the Director of Legislative Council if this condition is met or not met.
5. Adopts advertising restrictions for kratom products similar to those in place for adult-use marijuana, including:
a) a prohibition against advertising with images or visual representations of the consumption of kratom or kratom products;
b) a prohibition against advertising at, on or within public airports, public transportation shelters or public buses, trains, shuttles or trams;
c) a prohibition against advertising electronically, via social media or on a website, unless at least 73.6 percent of the audience is expected to be at least 21 years old;
d) a prohibition against sponsoring any sporting event unless at least 73.6 percent of the audience is expected to be at least 21 years old, or unless the organization provides written approval and the sponsorship acknowledgement adheres to additional requirements;
e) a requirement that all kratom product advertising contain a conspicuous and legible warning against the use of kratom products if the person is under 21 or pregnant, with specified background and font requirements;
f) a prohibition against billboard advertisements within 1,000 radial feet of any child care center, church, substance abuse recovery facility, public park, public playground or public or private school; and
g) a requirement that any advertising must accurately and legibly identify the entity responsible for the content of the advertising.
6. Specifies that a person has 30 days after notification from the AG's Office to remedy a violation of billboard advertising requirements, except that an advertisement must be removed as soon as safely and legally practicable if circumstances beyond the billboard operator's control prevent the removal within 30 days.
7. Specifies that individuals or entities that fail to comply with billboard requirements are subject to civil penalties and disciplinary action as specified.
8. 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 law enforcement agency or laboratory does not possess the necessary capability to test the product.
9. Allows the AG 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.
House Action Senate Action
JUD 2/4/26 DPA 6-3-0-0 JUDE 3/25/26 DP 4-3-0
3rd Read 2/26/26 36-17-7
Prepared by Senate Research
April 21, 2026
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