Amd Art 13-F Art Head, §1399-aa, add Art 13-F §1399-mmm, Pub Health L
Prohibits the sale of kratom to individuals under the age of twenty-one; imposes a civil penalty of not more than five hundred dollars for the sale or provision of kratom to any person under the age of twenty-one.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2340A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to the prohibition of
the sale of kratom to individuals under the age of twenty-one
PURPOSE:
This legislation will prevent the sale of kratom to individuals under
21.
SUMMARY OF PROVISIONS:
Section 1. Changes title of section
Section 2. Adds Kratom definition to the public health law
Section 3. Amends the public health law to add the prohibition of the
sale of kratom for those under the age of 21. Requires signage about the
prohibition of kratom. Requires those buying kratom to show identifica-
tion.
Section 4. Requires commissioner of health to conduct a study relating
to kratom.
Section 5. Establishes the effective date
JUSTIFICATION:
Kratom is an opioid like plant which has a stimulant or opioid-like
effect. It is typically sold as tea leaves, powder or pill form for
muscle relaxation, to fight fatigue, and as an antidepressant. Despite
these many alleged medicinal benefits, the Drug Enforcement Adminis-
tration lists it as a drug of concern with no medicinal value. Further-
more, the Food and Drug Administration compares kratom to morphine in
its risks for addiction, abuse and dependence. Several FDA studies are
continuing to evaluate the scientific information on kratom but warns
consumers to not use any products containing kratom until it is better
understood.
According to the Center for Disease Control, kratom was listed as the
cause of death for 91 individuals out of 152 who tested positive for
kratom between July 2016 and December 2017. This legislation is
intended to help keep kratom out of the hands of children and young
adults. Under this legislation, a person who sells kratom to individuals
under 21 will face up to a $500 fine.
Sales of kratom have already been banned in Thailand, Alabama, Arkansas,
Indiana, Vermont, Rhode Island, Washington DC and Wisconsin. Tennessee
and Suffolk County also has a ban for sales under 21. New Hampshire and
Illinois bans the sale under 18. This bill does not seek an across-the-
board ban but is consistent with measures taken with items such as Mari-
juana. New York needs to protect individuals from this substance by
banning the sale of this substance for those under 21.
PRIOR LEGISLATIVE HISTORY:
2021: referred to health/reported
2021-22: referred to ways and means 23-2024: Steck (A4376)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2340--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. McDONALD, STECK, WOERNER, WALSH, RA, SANTABAR-
BARA, GRIFFIN, COLTON, SHIMSKY, BLANKENBUSH, DURSO, HAWLEY, McDONOUGH,
MANKTELOW, BUTTENSCHON, GLICK, HEVESI, LUNSFORD, RAMOS, GIGLIO,
K. BROWN, DeSTEFANO, NORBER, GALLAHAN -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the prohibition of
the sale of kratom to individuals under the age of twenty-one
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 13-F of the public health
2 law, as amended by chapter 448 of the laws of 2012, is amended to read
3 as follows:
4 REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
5 KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION
6 TO MINORS
7 § 2. Section 1399-aa of the public health law is amended by adding a
8 new subdivision 19 to read as follows:
9 19. "Kratom" means any part of the plant Mitragyna speciosa, whether
10 growing or not, and any compound, manufacture, salt, derivative,
11 mixture, or preparation of such plant.
12 § 3. Article 13-F of the public health law is amended by adding a new
13 section 1399-mmm to read as follows:
14 § 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly
15 sell or provide kratom to any other person under twenty-one years of
16 age. Any person who violates the provisions of this subdivision shall be
17 subject to a civil penalty of not more than five hundred dollars.
18 2.(a) Any person operating a place of business wherein kratom is sold
19 or offered for sale is prohibited from selling such kratom to individ-
20 uals under twenty-one years of age, and shall post in a conspicuous
21 place a sign upon which there shall be imprinted the following state-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01552-02-5
A. 2340--A 2
1 ment, "SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS
2 PROHIBITED BY LAW". Such sign shall be printed on a white card in red
3 letters at least one-half inch in height.
4 (b) Sales of kratom shall be made only to an individual who demon-
5 strates, through (i) a valid driver's license or non-driver's identifi-
6 cation card issued by the commissioner of motor vehicles, the federal
7 government, any United States territory, commonwealth or possession, the
8 District of Columbia, a state government within the United States or a
9 provincial government of the dominion of Canada, or (ii) a valid pass-
10 port issued by the United States government or any other country, or
11 (iii) an identification card issued by the armed forces of the United
12 States, or (iv) any other photographic identification card issued by a
13 governmental entity or educational institution indicating that the indi-
14 vidual is at least twenty-one years of age. Such identification need not
15 be required of any individual who reasonably appears to be at least
16 twenty-five years of age, provided, however, that such appearance shall
17 not constitute a defense in any proceeding alleging the sale of kratom
18 to an individual under twenty-one years of age.
19 (c)(i) Any person operating a place of business wherein kratom is sold
20 or offered for sale may perform a transaction scan as a precondition for
21 such purchases.
22 (ii) In any instance where the information deciphered by the trans-
23 action scan fails to match the information printed on the driver's
24 license or non-driver identification card, or if the transaction scan
25 indicates that the information is false or fraudulent, the attempted
26 transaction shall be denied.
27 (iii) In any proceeding pursuant to section thirteen hundred ninety-
28 nine-ee of this article, it shall be an affirmative defense that such
29 person had produced a driver's license or non-driver identification card
30 apparently issued by a governmental entity, successfully completed that
31 transaction scan, and that the kratom has been sold, delivered or given
32 to such person in reasonable reliance upon such identification and tran-
33 saction scan. In evaluating the applicability of such affirmative
34 defense the commissioner shall take into consideration any written poli-
35 cy adopted and implemented by the seller to effectuate the provisions of
36 this article. Use of a transaction scan shall not excuse any person
37 operating a place of business wherein kratom is sold, or the agent or
38 employee of such person, from the exercise of reasonable diligence
39 otherwise required by this article. Notwithstanding the above
40 provisions, any such affirmative defense shall not be applicable in any
41 civil or criminal proceeding, or in any other forum.
42 (d) A business or agent or employee of such business shall only use a
43 device capable of deciphering any electronically readable format, and
44 shall only use the information recorded and maintained through the use
45 of such devices, for the purposes contained in paragraph (c) of this
46 subdivision. No business or agent or employee of such business shall
47 resell or disseminate the information recorded during such a scan to any
48 third person. Such prohibited resale or dissemination includes but is
49 not limited to any advertising, marketing or promotional activities.
50 Notwithstanding the restrictions imposed by this subdivision, such
51 records may be released pursuant to a court ordered subpoena or pursuant
52 to any other statute that specifically authorizes the release of such
53 information. Each violation of this paragraph shall be punishable by a
54 civil penalty of not more than one thousand dollars.
55 (e) A business or agent or employee of such business may electron-
56 ically or mechanically record and maintain only the information from a
A. 2340--A 3
1 transaction scan necessary to effectuate this section. Such information
2 shall be limited to the following: (i) name, (ii) date of birth, (iii)
3 driver's license or non-driver identification number, and (iv) expira-
4 tion date.
5 (f) As used in this subdivision, "a device capable of deciphering any
6 electronically readable format", "card holder" and "transaction scan"
7 shall have the same meanings as are ascribed to such terms by section
8 thirteen hundred ninety-nine-cc of this article.
9 § 4. The commissioner of health shall conduct a study relating to
10 kratom. The study shall include but not be limited to the potential
11 health risks, benefits and effects of kratom and shall review all avail-
12 able data relating to such. The commissioner shall publish and submit a
13 report of such findings and recommendations to the governor, the speaker
14 of the assembly and the temporary president of the senate on or before
15 one year from the effective date of this act.
16 § 5. This act shall take effect immediately.
