Period of applicability of article

This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990. History. Code 1981, § 16-13-114, enacted by Ga. L. 1990, p. 2009, § 1. ARTICLE 6 KRATOM 16-13-120. (Effective January 1, 2025.) Definitions. As used in this article, the term: (1) “Adulterated” has the same meaning as in Code Section 26-2-26. (2) “Kratom” means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine. (3) “Kratom extract” means a kratom product that has been modified, processed, or otherwise manufactured with a food-grade solvent. (4) “Kratom product” means a product containing any part of the leaf of the plant mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form. (5) “Processor” means a person or entity that prepares, manufactures, distributes, or maintains kratom products or that advertises, represents, or holds itself out as preparing, manufacturing, distributing, or maintaining kratom products. (6) “Retailer” means a person or entity that sells or holds itself out as selling kratom products at retail to the general public; provided, however, that such person or entity shall also be included within the definition of “processor” as set forth in this Code section to the extent that he or she engages in the business of a processor. Such term shall not include a store employee at a retailer’s place of business. History. Code 1981, § 16-13-120, enacted by Ga. L. 2019, p. 273, § 1/HB 551; Ga. L. 2024, p. 544, § 1/HB 181, effective January 1, 2025. Delayed effective date. Code Section 16-13-120 is set out twice in this Code. This version is effective January 1, 2025. For version effective 694 until January 1, 2025, see the preceding version. Amendments. The 2024 amendment, effective January 1, 2025, rewrote this Code section, which read: “As used in this article, the term ‘kratom’ means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and 16-13-121 contains the alkaloid mitragynin.” See Editor’s notes for applicability. Editor’s notes. Ga. L. 2024, p. 544, § 4/HB 181, not codified by the General Assembly, makes the amendment of this Code section applicable to offenses committed on or after January 1, 2025. 16-13-121. (Effective until January 1, 2025.) Possession by individual under age 18; penalty. No person shall sell or transfer possession of kratom to another person under 18 years of age, nor shall any person under 18 years of age possess kratom. A person who is convicted of violating this Code section shall be guilty of a misdemeanor. History. Code 1981, § 16-13-121, enacted by Ga. L. 2019, p. 273, § 1/HB 551. Delayed effective date. Code Section 16-13-121 is set out twice in this Code. This version is effective until January 1, 2025. For version effective January 1, 2025, see the following version.