House Bill 1594

AN ACT TO PROHIBIT PERSONS UNDER THE AGE OF TWENTY-ONE YEARS FROM ENTERING THE PREMISES OF A RETAILER THAT SELLS, STORES, OR MAINTAINS KRATOM PRODUCTS; TO PROHIBIT PERSONS UNDER THE AGE OF TWENTY-ONE YEARS FROM PURCHASING, RECEIVING, OR HAVING IN HIS OR HER POSSESSION ANY KRATOM PRODUCTS; TO PROHIBIT RETAILERS FROM SELLING ANY KRATOM PRODUCTS TO ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS; TO REQUIRE RETAILERS THAT SELL, STORE, OR MAINTAIN KRATOM PRODUCTS TO POST A SIGN IN A CONSPICUOUS PLACE AT OR NEAR EACH ENTRANCE STATING THAT ONLY PERSONS TWENTY-ONE YEARS OF AGE OR OLDER ARE PERMITTED TO ENTER THE PREMISES; TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. As used in this act, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:

(a) "Kratom product" means a product containing any part of the leaf of the plant Mitragyna Speciosa, or an extract of it processed as a powder, capsule, pill, beverage, or any other edible or consumable form, or any product containing Mitragynine or 7-hydroxymitragynine.

(b) "Retailer" means any individual, partnership, corporation, cooperative association, or other business entity that sells, advertises, represents, or holds itself out as selling, kratom products to consumers at retail, or stores or maintains kratom products.

SECTION 2. (1) (a) No person under the age of twenty-one (21) years shall be permitted to enter the premises of a retailer that sells, stores, or maintains kratom products.

(b) No person under the age of twenty-one (21) years shall purchase, receive, or have in his or her possession in any public place, any kratom product.

(2) (a) No retailer, nor any owner, operator, employee, representative, or agent of such retailer, shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any kratom product to any person under the age of twenty-one (21) years.

(b) Retailers that sell, store, or maintain kratom products shall post a sign in a conspicuous place at or near each entrance stating that only persons twenty-one (21) years of age or older are permitted to enter the premises.

SECTION 3. (1) (a) Any person under the age of twenty-one (21) years who falsely states he or she is twenty-one (21) years of age or older, or presents any document that indicates he or she is twenty-one (21) years of age or older, for the purpose of entering the premises of a retailer that sells, stores, or maintains kratom products shall be guilty of a misdemeanor, and shall be punished by a fine of not less than Two Hundred Dollars ($200.00), nor more than Five Hundred Dollars ($500.00), and a sentence to not more than thirty (30) days' community service.

(b) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any kratom product, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00).

(2) (a) Any owner, operator, employee, representative, or agent of a retailer that sells, stores, or maintains kratom products, who violates, or permits the violation of, Section 2 (1)(a) of this act, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not more than six (6) months, or by both such fine and imprisonment.

(b) Any owner, operator, employee, representative, or agent of a retailer that sells, stores, or maintains kratom products, who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any kratom product to any person under the age of twenty-one (21) years, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not more than six (6) months, or by both such fine and imprisonment.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.