4-45-104. Kratom processor and kratom retailer requirements -- Criminal penalty.
(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that: is not pure leaf kratom; and does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.
(2) A kratom processor or kratom retailer who violates Subsectionis guilty of: (1) a class B misdemeanor for the first violation; a class A misdemeanor for a second violation; and a third degree felony for any subsequent violation.
(3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter.
(4) A kratom processor shall register as a food establishment in accordance with Sectionand with the department as a kratom processor. 4-5-301 A kratom retailer shall register with the department as a kratom retailer. The department may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sectionsand. 10-8-41.6 17-78-1004 The department shall set a fee to register the following: a kratom processor; and a kratom retailer. The department shall: set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the person is not registered as a kratom processor or kratom retailer with the department; and assess the fine described in Subsectionagainst any person who offers a kratom product for sale in this state if the person is not registered as a kratom processor or kratom retailer. (4)(e)(i)
(5) Notwithstanding Subsection, until March 6, 2027, a kratom processor may prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product if the kratom product: (1)(a) is not offered for retail sale or distribution in this state; is manufactured and distributed for lawful sale in another state; and does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.