UtahS.B. 452026 General SessionSenateWALLET

Kratom Adjustments

Sponsored By: Michael K. McKell (Republican)

Signed by Governor

Department of Agriculture and FoodControlled SubstancesHealth and Human ServicesTobacco and Other Nicotine ProductsAgriculture & Food

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 3 costs, 3 mixed.

Kratom sales age rises to 21

The minimum age for kratom sales rises from 18 to 21. Processors and retailers cannot distribute, sell, or offer kratom to anyone under 21. Each violation is a class A misdemeanor.

Kratom businesses need registration and licenses

Kratom processors must register as food establishments and with the Utah Department of Agriculture and Food. Retailers must register with the department and hold a retail tobacco specialty business license. The department sets business registration fees; processors also must register each product and pay any product registration fee. Offering kratom without business registration carries an administrative fine of up to $5,000. Selling or offering an unregistered product carries a separate administrative fine of up to $5,000; consumers do not owe these fines.

Kratom buyers face pure leaf limits

Utah processors and retailers generally must handle and sell only pure leaf kratom, narrowing buyers’ choices. Pure leaf must contain identifiable plant matter, with no extracts or added ingredients except an inactive food-grade or pharmaceutical-grade capsule. Its 7-hydroxymitragynine cannot exceed 0.4% of all kratom alkaloids combined. Until March 6, 2027, processors can handle non-pure-leaf products manufactured and distributed for lawful sale in another state. Those products cannot be offered for Utah retail sale or distribution and must meet the same 0.4% limit.

Kratom businesses face tougher criminal penalties

Processors and retailers face a class B misdemeanor for a first violation of kratom product rules. A second violation is a class A misdemeanor; later violations are third-degree felonies. Processors lose the prior defense based on good-faith reliance on suppliers. The Utah Department of Agriculture and Food can seize and destroy unregistered or noncompliant products. Administrative hearings follow Utah’s administrative procedures law where applicable.

Clearer kratom labels with higher fines

Processors must explain on each product label the factual basis for calling the product kratom. Labels must also list the amounts of mitragynine and 7-hydroxymitragynine, giving buyers more product information. Processors face an administrative fine of up to $5,000 for missing the required factual-basis disclosure. This replaces maximum fines of $500 for a first offense and $1,000 for later offenses.

Kratom drug controls include limited exemptions

Beginning May 6, 2026, Utah adds 7-hydroxymitragynine and mitragynine pseudoindoxyl, including specified related forms, to Schedule I controlled substances. This places them under strict state drug controls. Possessing, manufacturing, or distributing pure leaf kratom that complies with the Kratom Regulation Act is exempt from related 7-hydroxymitragynine penalties. Until March 6, 2027, the exemption also covers processors’ non-pure-leaf products manufactured and distributed for lawful out-of-state sale. Those products cannot be offered for Utah retail sale or distribution, and 7-hydroxymitragynine cannot exceed 0.4% of total kratom alkaloids.

Sponsors & Cosponsors

Sponsor

  • Michael K. McKell

    Republican • Senate

Cosponsors

  • Brady Brammer

    Republican • Senate

  • Jennifer Dailey-Provost

    Democratic • House

  • Katy Hall

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 174 • No: 15

House vote • 3/4/2026

House/ circled

Yes: 0 • No: 0

Senate vote • 3/4/2026

Senate/ concurs with House amendment

Yes: 26 • No: 0

House vote • 3/4/2026

House/ substituted

Yes: 0 • No: 0

House vote • 3/4/2026

House/ substitute adoption failed

Yes: 0 • No: 0

House vote • 3/4/2026

House/ passed 3rd reading

Yes: 63 • No: 10

House vote • 3/4/2026

House/ uncircled

Yes: 0 • No: 0

House vote • 3/4/2026

House/ floor amendment failed

Yes: 0 • No: 0

House vote • 2/24/2026

House Comm - Substitute Recommendation

Yes: 12 • No: 0

House vote • 2/24/2026

House Comm - Favorable Recommendation

Yes: 13 • No: 0

Senate vote • 2/18/2026

Senate/ passed 3rd reading

Yes: 29 • No: 0

Senate vote • 2/18/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/18/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 2/9/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/6/2026

Senate/ passed 2nd reading

Yes: 24 • No: 4

Senate vote • 2/6/2026

Senate/ substitute adoption failed

Yes: 0 • No: 0

Senate vote • 1/26/2026

Senate Comm - Favorable Recommendation

Yes: 7 • No: 1

Actions Timeline

  1. Governor Signed

    3/26/2026
  2. Senate/ to Governor

    3/13/2026Senate
  3. Senate/ received enrolled bill from Printing

    3/13/2026Senate
  4. Senate/ enrolled bill to Printing

    3/12/2026Senate
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/11/2026
  7. Bill Received from Senate for Enrolling

    3/11/2026
  8. Senate/ signed by President/ sent for enrolling

    3/11/2026Senate
  9. Senate/ received from House

    3/11/2026Senate
  10. House/ to Senate

    3/5/2026House
  11. House/ signed by Speaker/ returned to Senate

    3/5/2026House
  12. House/ received from Senate

    3/5/2026House
  13. Senate/ to House

    3/4/2026Senate
  14. Senate/ concurs with House amendment

    3/4/2026Senate
  15. Senate/ placed on Concurrence Calendar

    3/4/2026Senate
  16. Senate/ received from House

    3/4/2026Senate
  17. House/ to Senate

    3/4/2026House
  18. House/ passed 3rd reading

    3/4/2026House
  19. House/ substitute adoption failed

    3/4/2026House
  20. House/ floor amendment failed

    3/4/2026House
  21. House/ uncircled

    3/4/2026House
  22. House/ circled

    3/4/2026House
  23. House/ substituted

    3/4/2026House
  24. House/ 3rd reading

    3/4/2026House
  25. House/ 2nd reading

    3/3/2026House

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #5

    3/4/2026

  • Substitute #4

    3/3/2026

  • Substitute #3

    2/24/2026

  • Substitute #2

    2/13/2026

  • Substitute #1

    2/4/2026

  • Introduced

    12/22/2025

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