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New YorkS 88142025-2026 Regular SessionSenate

Prohibits the sale of kratom to individuals under the age of twenty-one

Sponsored By: Patricia Fahy (Democratic)

Signed by Governor

RULESCODES

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Kratom customers get ID privacy protections

Kratom sellers may keep scanned ID data only as needed to carry out the law. Stored details are limited to the customer's name, birth date, ID number, and ID expiration date. Sellers cannot resell or share scan data with third parties, including for advertising, marketing, or promotion. Release is allowed through a court-ordered subpoena or a statute that specifically permits it. Prohibited resale or disclosure carries a civil penalty of up to $1,000 per violation.

Kratom sellers must post age warnings

Kratom sellers must clearly post: “SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.” Store notices require a white card with red letters at least ½ inch high. Websites, mobile apps, and electronic or printed materials require red letters in at least 12-point type. Sellers must follow placement rules for these notices. Each day an officer identifies a missing notice is a separate violation, with penalties up to $500 after a hearing.

Kratom buyers face age and ID checks

New York adds age-based protections by banning knowingly selling or giving kratom to anyone under 21; violations carry penalties up to $500 after a hearing. Buyers must show photo ID proving they are 21 or older, such as a license, passport, military ID, or government or school ID. Sellers can skip ID checks for customers who reasonably appear at least 25, but appearance cannot defend an underage sale. Sellers may require an ID scan before purchase. They must deny the sale if scanned information differs from the ID or indicates false or fraudulent information.

Sponsors & Cosponsors

Sponsor

  • Patricia Fahy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 216 • No: 1

House vote • 2/5/2026

Assembly floor vote

Yes: 141 • No: 0

Senate vote • 1/21/2026

FLOOR Vote

Yes: 55 • No: 1

committee vote • 1/12/2026

Rules Committee Vote

Yes: 20 • No: 0

Actions Timeline

  1. SIGNED CHAP.81

    2/13/2026Senate

  2. DELIVERED TO GOVERNOR

    2/13/2026Senate

  3. RETURNED TO SENATE

    2/5/2026House

  4. PASSED ASSEMBLY

    2/5/2026House

  5. ORDERED TO THIRD READING RULES CAL.74

    2/5/2026House

  6. SUBSTITUTED FOR A9472

    2/5/2026House

  7. REFERRED TO CODES

    1/21/2026House

  8. DELIVERED TO ASSEMBLY

    1/21/2026Senate

  9. PASSED SENATE

    1/21/2026Senate

  10. ORDERED TO THIRD READING CAL.37

    1/12/2026Senate

  11. REFERRED TO RULES

    1/8/2026Senate

Bill Text

  • Original

    1/8/2026

    PDF

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