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New YorkS 88142025-2026 Regular SessionSenateWALLET

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

Sponsored By: Patricia Fahy (Democratic)

Became Law

RULESCODES

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

No kratom sales under 21

It is illegal to sell or give kratom to anyone under 21. If you are under 21, you cannot buy or receive kratom in New York. This rule covers any sale or attempted sale by any seller.

Retailers must check ID and post signs

Retailers must check a photo ID showing the buyer is 21 or older; acceptable IDs include U.S. or Canadian driver/non‑driver IDs, passports, and military IDs. Sellers need not check ID if a buyer reasonably looks 25 or older, but that look is not a legal defense. They must post this sign where kratom is offered: "SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." In stores, the sign must be on a white card with red letters at least 1/2‑inch tall; online, it must appear in red, at least 12‑point font. Fines can be up to $500 per violation (each day without the sign counts), and state or NYC health departments enforce with hearings and court orders.

ID scans allowed with strict privacy rules

Sellers may require an ID scan before a kratom sale. If the scan shows false or mismatched data, they must deny the sale. They may keep only four fields from a scan—name, date of birth, ID number, and ID expiration—and may use them only to check age. Selling or sharing scan data, including for ads or marketing, is banned unless a court order or statute allows release; each violation can be fined up to $1,000. A valid ID plus a successful scan can help a seller in certain administrative hearings, but not in civil or criminal court.

Sponsors & Cosponsors

Sponsor

  • Patricia Fahy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 75 • No: 1

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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