wa-law.org > bill > 2025-26 > HB 2291 > Original Bill
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Attractive to children" means a kratom product that is manufactured or packaged in a form that bears a reasonable resemblance to an existing candy product and that could cause a child to mistake the kratom product for an existing candy product.
"Board" means the Washington state liquor and cannabis board.
"Dangerous nonkratom substance" means a poisonous or otherwise deleterious nonkratom ingredient including, but not limited to, a substance listed as a controlled substance under state or federal law.
"Department" means the department of revenue.
"Independent testing laboratory" means a laboratory that is accredited by a third-party accrediting body as a competent testing laboratory under ISO/IEC 17025 of the international organization for standardization.
"Kratom" means the plant mitragyna speciosa or any part of such plant.
"Kratom extract" means a substance or compound obtained by extraction of the mitragyna speciosa leaf, intended for ingestion that contains alkaloids, such as mitragynine or 7-hydroxymitragynine, but does not contain any controlled substances or levels of residual solvents higher than is allowed in the United States pharmacopeia 467 as it exists on January 1, 2027.
"Kratom product" means a food, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains kratom or a kratom extract that is manufactured or served as a powder, capsule, pill, beverage, liquid, or other edible form.
"Licensee" means a person licensed under the authority of this chapter.
"Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, the state and its departments and institutions, political subdivision of the state of Washington, corporation, limited liability company, association, society, and any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
"Processor" means any person who manufactures, processes, or packages kratom into kratom products for wholesale to retailers.
"Retail sale" has the same meaning as provided in RCW 82.08.010.
"Retailer" means any person engaged in the business of selling kratom products to ultimate consumers.
"Sale" means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any person.
"Selling price" includes "sales price" and has the same meaning as provided in RCW 82.08.010, except that when the product is sold under circumstances where the total amount of consideration paid for the product is not indicative of its true value, "selling price" means the true value of the kratom product sold.
"Synthesized material" means a kratom alkaloid or kratom alkaloid derivative that has been created by chemical synthesis or biosynthetic means including, but not limited to, fermentation, recombinant techniques, yeast derived techniques, and enzymatic techniques, rather than traditional food preparation techniques, such as heating or extracting.
"True value" means market value based on sales at comparable locations in this state of the same or similar product of like quality and character sold under comparable conditions of sale to comparable purchasers. However, in the absence of such sales of the same or similar product, "true value" means the value of the kratom product sold as determined by the seller's direct and indirect costs attributable to the product.
The licenses issuable by the board under this chapter are as follows:
A kratom retailer's license that authorizes the licensee to sell kratom and kratom products at retail; and
A kratom processor's license that authorizes the licensee to process and manufacture kratom into kratom extracts and kratom products, to package and label kratom products, and to distribute and offer kratom products for sale at wholesale to licensed kratom retailers.
Application for such licenses must be made through the business licensing system under chapter 19.02 RCW. The board may refuse to issue any license under this chapter if the board has reasonable cause to believe that the applicant has willfully withheld information requested for the purpose of determining the eligibility of the applicant to receive a license, or if the board has reasonable cause to believe that information submitted in the application is false or misleading or is not made in good faith. In addition, for the purpose of reviewing an application for a license, and for considering the denial, suspension, or revocation of any such license, the board may consider criminal conduct of the applicant, including an administrative violation history record with the board and a criminal history record information check within the previous five years, in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases. The board may, in its discretion, issue or refuse to issue a license subject to the provisions of section 24 of this act.
No person may qualify for a retailer's license or processor's license under this chapter without first undergoing a criminal background check. The background check must be performed by the board and must disclose any criminal conduct within the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions. If the applicant or licensee also has a license issued under chapter 66.24, 69.50, 82.24, or 82.26 RCW, the background check done under the authority of chapter 66.24, 69.50, 82.24, or 82.26 RCW satisfies the requirements of this subsection.
Each license issued under this chapter expires on the business license expiration date. The license must be continued annually if the licensee has paid the required fee and complied with all provisions of this chapter and the rules of the board adopted pursuant to this chapter.
Each license and any other evidence of the license required under this chapter must be exhibited in each place of business for which it is issued and in the manner required for the display of a business license.
The board may adopt rules regarding the regulation of the licenses and licensees.
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No person may engage in or conduct business as a kratom retailer or processor in this state without a valid license issued under this chapter, except as otherwise provided by law. Any person who sells kratom products to consumers must obtain a retailer's license under this chapter. Any person who meets the definition of processor under this chapter must obtain a processor's license under this chapter.
A violation of this subsection is punishable as a class C felony according to chapter 9A.20 RCW.
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No person engaged in or conducting business as a retailer or processor in this state may refuse to allow the enforcement officers of the board, on demand, to make full inspection of any place of business or vehicle where any of the kratom products regulated under this chapter are sold, stored, transported, or handled, or otherwise hinder or prevent such inspection.
A person who violates this subsection is guilty of a gross misdemeanor.
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No person may hold both a kratom retailer's license and a kratom processor's license.
A person who violates this subsection is guilty of a misdemeanor.
The penalties provided in this section are in addition to any other penalties provided by law for violating the provisions of this chapter or the rules adopted under this chapter.
A fee of $1,000 must accompany each kratom retailer license application or license renewal application under section 2 of this act. If a kratom retailer sells or intends to sell kratom products at two or more places of business, whether established or temporary, a separate license with a licensee fee of $1,000 is required for each additional place of business.
A fee of $1,000 must accompany each kratom processor license application or license renewal application under section 2 of this act.
A person under the age of 21 who purchases or attempts to purchase, possesses, or obtains or attempts to obtain kratom products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to participation in up to four hours of community service. This provision does not apply if a person under the age of 21, with parental authorization if under the age of 18, is participating in a controlled purchase as part of a board, law enforcement, or local health department activity.
Municipal and district courts within the state have jurisdiction for enforcement of this section.
A person who holds a retailer license issued under this chapter must display a sign concerning the prohibition of kratom product sales to persons under the age of 21. The sign must:
Be posted so that it is clearly visible to anyone purchasing kratom products from the licensee;
Be designed and produced by the department of health to read: "The sale of kratom products to persons under age 21 is strictly prohibited by state law. Photo ID required upon request."; and
Be provided free of charge by the department of health.
A person who holds a license issued under this chapter must display the license or a copy in a prominent location at the retail location for which the license is issued.
When there may be a question of a person's right to purchase or obtain kratom products by reason of age, the retailer or agent thereof, must require the purchaser to present any one of the following officially issued forms of identification that shows the purchaser's age and bears the purchaser's signature and photograph:
Liquor control authority card or identification of a state or province of Canada;
Driver's license, instruction permit, or identification card of a state or province of Canada;
"Identicard" issued by the Washington state department of licensing under chapter 46.20 RCW;
United States military identification;
Passport;
Enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least 90 days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority must give notice to the board. The board must publish and communicate to licensees regarding the implementation of each new enrollment card; or
Merchant marine identification card issued by the United States coast guard.
It is a defense to a prosecution under section 10 of this act that the person making a sale reasonably relied on any of the officially issued identification listed under subsection (1) of this section. The board must waive the suspension or revocation of a license if the licensee clearly establishes that the licensee acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
No person may offer a kratom product for sale in an open, unsecured display that is accessible to the public without the intervention of a store employee.
It is unlawful to sell or distribute kratom products from self-service displays.
Retail establishments are exempt from subsections (1) and (2) of this section if persons under the age of 21 are not allowed in the store and this prohibition is posted clearly on all entrances.
A person who sells or gives, or permits to be sold or given, to any person under the age of 21 years, any kratom in any form or kratom product is guilty of a gross misdemeanor.
It is not a defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
It is unlawful to open a package containing a kratom product or consume a kratom product in view of the general public or in a public place.
For the purposes of this section, "public place" has the same meaning as provided in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
A person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW.
No person may conduct a delivery sale or otherwise ship or transport, or cause to be shipped or transported, any kratom product ordered or purchased by mail or through the internet to any person.
A person who knowingly violates this section is guilty of a class C felony, except that the maximum fine that may be imposed is $5,000.
In addition to or in lieu of any other civil or criminal remedy provided by law, a person who has violated this section is subject to a civil penalty of up to $5,000 for each violation. The attorney general may seek recovery of the penalty in a civil action in superior court.
The attorney general may seek an injunction in superior court to restrain a threatened or actual violation of this section and to compel compliance with this section.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
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In any action brought under this section, the state is entitled to recover, in addition to other relief, the costs of investigation, expert witness fees, costs of the action, and reasonable attorneys' fees.
If a court determines that a person has violated this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund.
Unless otherwise expressly provided, the penalties or remedies, or both, under this section are in addition to any other penalties and remedies available under any other law of this state.
A licensee who violates this section is subject to license suspension or revocation by the board.
No person may offer a tasting or a free sample of a kratom product to the general public. A violation of this section is a misdemeanor.
A retailer or processor may not process or sell a kratom product that:
Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the kratom product;
Contains or is adulterated with a dangerous nonkratom substance;
Is mixed with another compound that is known to inhibit key cytochrome P450 enzymes, including CYP3A4 and CYP2D6, unless the specific product mixtures are scientifically validated as safe under the intended conditions of use and are specifically permitted by the board;
Contains any synthesized material produced under a manufacturing process that synthetically changes the composition of a kratom alkaloid or constituent found in the kratom leaf, or contains alkaloids or other plant constituents that have been isolated or manipulated to increase their potency, other than using a board-approved extraction method;
Is combustible, intended to be used for vaporization, or injectable;
Is manufactured or packaged in a manner that is attractive to children; or
Is not listed in the directory established in section 19 of this act.
A kratom product sold at retail must contain a label with the following:
A statement that kratom is illegal for use by persons under the age of 21;
A statement that recommends against the use of kratom for individuals who are pregnant or breastfeeding;
A statement that kratom may be habit-forming;
A recommendation to consult a health professional before use;
The following statement: "These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.";
The name and place of business of the producer/processor responsible for manufacturing the kratom product;
Directions for use that include the following:
A recommended amount of the kratom product per serving that is:
Clearly described on the label for kratom product forms such as capsules, gummies, and similar product forms; or
A clear instruction or obvious mark on the package or container that clearly informs the consumer of the recommended serving size for kratom product forms such as beverages, liquids, or loose powders;
A recommended number of servings that can be safely consumed in a 24-hour period;
A listing of the servings per container;
A listing of kratom alkaloids and other ingredients in the kratom product, including mitragynine and 7-hydroxymitragynine; and
A declaration that any level of 7-hydroxymitragynine does not exceed the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the kratom product.
Any kratom product sold at retail shall be packaged in accordance with child-resistant effectiveness standards set forth in 16 C.F.R. Sec. 1700.15, as in effect on January 1, 2027, as determined through testing in accordance with the method described in 16 C.F.R. Sec. 1700.20, as in effect on January 1, 2027.
Any person that engages in retail sales of kratom products in violation of this section is guilty of a gross misdemeanor.
By January 1, 2027, and annually thereafter, every kratom processor of a kratom product sold for retail sale in this state shall execute and deliver to the board a certification, under penalty of perjury on a form and in a manner prescribed by the board, that the processor is:
In compliance with this chapter;
Has submitted a list of each kratom product sold or to be sold in the state, including the product's brand name, product name, type of product, and any other information deemed necessary by the board; and
Has submitted a certificate of analysis for each kratom product produced for retail sale in this state in accordance with section 18 of this act.
The board shall review the certificates of analysis submitted for each kratom product produced by a processor for compliance and approval.
Information submitted by a processor under this section is confidential and exempt from public disclosure under RCW 42.56.270.
A processor shall submit kratom products to an independent testing laboratory for testing before sale or distribution. The independent testing laboratory shall test for kratom alkaloids, other ingredients in the kratom products, and the level of 7-hydroxymitragynine present in the kratom product. The independent testing laboratory shall provide a certificate of analysis to the kratom processor who shall submit the certificate of analysis to the board.
Beginning January 1, 2027, the board shall maintain and make publicly available on its website a directory that lists all processors and kratom products, including brand name, product names, and type of kratom product for which certificates of analysis forms have been submitted and approved by the board.
The board must update the directory at least monthly to ensure accuracy and establish a process to provide licensed processors, retailers, and other relevant parties notice of the initial publication of the directory and changes made to the directory in the previous month.
No processor or the processor's kratom products may be included or retained in the directory if the board determines:
The processor did not submit a certification in accordance with section 17 of this act;
The processor did not complete a certificate of analysis for a kratom product in accordance with section 18 of this act;
The kratom product's certificate of analysis indicates that the product does not comply with section 14 of this act; or
The kratom product's labeling and packaging do not comply with the requirements of sections 15 and 16 of this act.
Beginning January 1, 2027, or on the date the board first makes the directory available for public inspection on its official website, kratom products not included in the directory may not be sold for retail in this state, either directly or through an importer, processor, or retailer.
Kratom products not listed in the directory and intended for retail sale in this state or to a consumer in this state are subject to seizure, forfeiture, and destruction or disposal, and may not be purchased or sold for retail sale in this state or to a consumer of this state. The cost of such seizure, forfeiture, and destruction or disposal shall be borne by the person from whom the kratom products are confiscated.
A processor that manufactures a kratom product that contains:
A controlled substance as defined in RCW 69.50.101 is guilty of a class C felony punishable under chapter 9A.20 RCW; or
Synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the plant mitragyna speciosa is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
Kratom products found to be in violation of this section are subject to seizure and forfeiture and no property rights exist in them.
A processor in violation of this section is subject to license revocation by the board.
If the board suspects that a kratom product is being sold or offered for sale in violation of this chapter, the board may require an independent third-party test of the kratom product by an independent testing laboratory of the board's choice. If the kratom product is found to be in violation of this chapter, the board shall seize the kratom product and remove it from sale. The processor of the kratom product is responsible for the costs of the test and any additional costs incurred to remove the product from applicable retailers.
The board, or its enforcement officers, may enforce the provisions of this chapter.
The board may revoke or suspend a retailer's or processor's license issued under this chapter upon sufficient cause showing a violation of this chapter.
A license may not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the board.
Any person whose license or licenses have been revoked under this section may reapply to the board at the expiration of two years of the license or licenses, unless the license was revoked under section 24(2)(e) of this act. The license or licenses may be approved by the board if it appears to the satisfaction of the board that the licensee will comply with the provisions of this chapter.
A person whose license has been suspended or revoked may not sell kratom products or permit kratom products to be sold during the period of suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form.
Any determination and order by the board, and any other order of suspension or revocation by the board of the license or licenses issued under this chapter, or refusal to reinstate a license or licenses after revocation is reviewable by an appeal to the superior court of Thurston county. The superior court must review the order or ruling of the board and may hear the matter de novo, having due regard to this chapter and the duties imposed upon the board.
If the board makes an initial decision to deny a license or renewal, or suspend or revoke a license, the applicant may request a hearing subject to Title 34 RCW.
The board and the board's authorized agents or employees may enter any place of business where kratom products are sold for the purpose of enforcing this chapter.
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For the purpose of enforcing this chapter, an enforcement officer of the board who has reasonable grounds to believe a person observed by the officer in proximity to a retailer licensee under this chapter who is purchasing, attempting to purchase, or in possession of kratom products is under 21 years of age, may detain such person in proximity to such retailer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, kratom products possessed by persons under 21 years of age are considered contraband and may be seized by an enforcement officer of the board.
Any enforcement officer who detains a person for the purpose of enforcing the provisions of this chapter must collect the following information for each fiscal year:
The total number of interactions where an enforcement officer detained a person;
Information on the nature of each interaction, including the duration of the interaction, the justification for the interaction, the number of such persons who were under 21 years of age, and whether any citation or warning was issued;
How many interactions converted to administrative violation notices; and
How many of the interactions and administrative violation notices converted to retailer education and violations.
The board must compile the information collected under (b) of this subsection, along with associated demographic data in the possession of the board, and conduct a comparative analysis that is added to the annual report required under RCW 70.345.160.
All enforcement officers of the board who enforce the provisions of this section and will have interactions with persons under the age of 21 must begin receiving training from the United States department of justice office of juvenile justice and delinquency prevention before January 1, 2027.
For the purposes of this subsection, "proximity" means 100 feet or less.
The board may work with local county health departments or districts and local law enforcement agencies to conduct random, unannounced inspections to assure compliance.
The board, law enforcement, or a local health department may, with parental authorization for persons under 18 years of age, include persons under the age of 21 in compliance activities.
The board may impose a monetary penalty as set forth in subsection (2) of this section, if the board finds that the licensee has violated any provision of this chapter.
Subject to subsection (3) of this section, the sanctions that the board may impose against a person licensed under this chapter based upon one or more findings under subsection (1) of this section may not exceed the following:
A monetary penalty of $1,000 for the first violation within any three-year period;
A monetary penalty of $2,500 for the second violation within any three-year period;
A monetary penalty of $5,000 for the third violation within any three-year period and suspension of the license for a period of six months for the third violation of section 10 of this act within any three-year period;
A monetary penalty of $10,000 for the fourth or subsequent violation within any three-year period and suspension of the license for a period of 12 months for the fourth violation of section 10 of this act within any three-year period;
Revocation of the license with no possibility of reinstatement for a period of five years for the fifth or more violation within any three-year period.
If the board finds that a person licensed under this chapter and chapter 82.24 or 82.26 RCW has violated section 10 of this act, each subsequent violation of either of the person's licenses counts as an additional violation within that three-year period.
Any retailer's licenses issued under chapter 82.24 or 82.26 RCW to a person whose retailer's license or licenses have been suspended or revoked for violating section 10 of this act must also be suspended or revoked during the period of suspension or revocation under this section.
The board may impose a monetary penalty upon any person other than a licensed retailer if the board finds that the person has violated section 10 of this act.
The monetary penalty that the board may impose based upon one or more findings under subsection (5) of this section may not exceed $50 for the first violation and $100 for each subsequent violation.
The board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
The board may issue a cease and desist order to any person who is found by the board to have violated or intends to violate the provisions of this chapter or section 10 of this act, requiring such persons to cease specified conduct that is in violation. The issuance of a cease and desist order does not preclude the imposition of other sanctions authorized by this chapter or any other provision of law.
The board may seek injunctive relief to enforce the provisions of section 10 of this act. The board may initiate legal action to collect civil penalties imposed under this chapter if the same have not been paid within 30 days after imposition of such penalties. In any action filed by the board under this chapter, the court may, in addition to any other relief, award the board reasonable attorneys' fees and costs.
All proceedings under subsections (1) through (8) of this section must be conducted in accordance with chapter 34.05 RCW.
The board may reduce or waive either the penalties or the suspension or revocation of a license, or both, as set forth in this chapter where the elements of proof are inadequate or where there are mitigating circumstances. Mitigating circumstances may include, but are not limited to, an exercise of due diligence by a retailer. Further, the board may exceed penalties set forth in this chapter based on aggravating circumstances.
All license fees collected and funds collected by the board from the imposition of monetary penalties under this chapter must be deposited into the youth regulated substance prevention account created in section 30 of this act.
Upon a determination by the secretary of health or a local health jurisdiction that a kratom product may be injurious to human health or poses a significant risk to public health:
The board, in consultation with the department of health and local county health jurisdiction, may cause a kratom product substance or solution sample, purchased or obtained from any kratom retailer or processor licensee, to be analyzed by an analyst appointed or designated by the board;
If the analyzed kratom product contains an ingredient, substance, or solution present in quantities injurious to human health or posing a significant risk to public health, as determined by the secretary of health or a local health jurisdiction, the board may suspend the license of the retailer unless the retailer licensee agrees to remove the product from sale; and
If upon a finding from the secretary of health or local health jurisdiction that the kratom product poses an injurious risk to public health or significant public health risk, the retailer does not remove the kratom product from sale, the secretary of health or local health officer may file an injunction in superior court prohibiting the sale or distribution of that specific kratom product substance or solution.
Nothing in this section permits a total ban on the sale or use of kratom products.
The board may adopt rules necessary to implement, administer, and enforce this chapter.
There is levied and collected a kratom excise tax equal to 11 percent of the retail sales price on kratom products. This tax is separate and in addition to general state and local sales and use taxes that apply to retail sales of tangible personal property, and is not part of the total retail price to which general state and local sales and use taxes apply. The tax must be separately itemized from the state and local retail sales tax and use taxes on the sales receipt provided to the buyer.
The tax levied in this section must be reflected in the price list or quoted shelf price in the licensed retailer and in any advertising that includes prices for all kratom products.
All revenues collected from the kratom excise tax imposed under this section must be deposited in the youth regulated substance prevention account under section 30 of this act.
The tax imposed in this section must be paid by the buyer to the seller. Each seller must collect from the buyer the full amount of the tax payable on each taxable sale. The tax collected as required by this section is deemed to be held in trust by the seller until paid to the department. If any seller fails to collect the tax imposed by this section or, having collected the tax, fails to pay it as prescribed by the department, whether such failure is the result of the seller's own actions or the result of actions or conditions beyond the seller's control, the seller is personally liable to the state for the amount of the tax.
The legislature does not intend and does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal antitrust laws including, but not limited to, agreements among retailers as to the selling price of any goods sold.
All the provisions contained in chapter 82.32 RCW not inconsistent with the provisions of this chapter have full force and application with respect to taxes imposed under this chapter.
The youth regulated substance prevention account is created in the state treasury. All receipts from the kratom excise tax established in section 28 of this act must be deposited in the account. Moneys in the account may be spent only after appropriation. The legislature must annually appropriate amounts from the account as follows:
Twenty-five percent for administration of this chapter; and
Seventy-five percent for public health education, awareness, and interventions regarding regulated substances.
This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of kratom product promotions and sales at retail. No political subdivision may impose fees or license requirements on retail outlets for possessing or selling kratom products, other than general business taxes or license fees not primarily levied on such products.
If the federal government or any department or agency of the federal government regulates kratom, kratom extracts, including 7-hydroxymitragynine, or any derivative of the plant mitragyna speciosa, those federal regulations shall supersede and take precedence over any provision of this chapter and any rule adopted under this chapter that is contrary to the federal action.
This act takes effect January 1, 2027.