MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Business and Commerce; Ways and Means
By: Representative Horan
AN ACT TO BE KNOWN AS THE "MISSISSIPPI KRATOM CONSUMER PROTECTION ACT"; TO DEFINE CERTAIN TERMS; TO PROHIBIT THE SALE OF KRATOM PRODUCTS TO PERSONS UNDER AGE 21 AND TO PRESCRIBE ADDITIONAL RESTRICTIONS ON THE SALE OF KRATOM PRODUCTS; TO ESTABLISH CERTAIN REQUIREMENTS RELATING TO THE MANUFACTURE OF KRATOM PRODUCTS; TO REQUIRE CERTAIN INFORMATION TO BE CONSPICUOUSLY DISPLAYED ON KRATOM PRODUCTS PACKAGED FOR RETAIL SALE; TO LEVY AN EXCISE TAX ON PERSONS ENGAGED IN THE SALE OF KRATOM PRODUCTS IN THE AMOUNT OF FIVE PERCENT OF THE RETAIL SALES PRICE; TO PRESCRIBE CIVIL PENALTIES FOR PERSONS SELLING KRATOM PRODUCTS WITHOUT A REGISTRATION; TO PROHIBIT LOCAL GOVERNING AUTHORITIES FROM IMPOSING ADDITIONAL RESTRICTIONS OR REQUIREMENTS RELATING TO KRATOM PRODUCTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Kratom Consumer Protection Act".
(2) For purposes of this act, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:
(a) "Kratom leaf" means the leaf of the kratom plant (Mitragyna speciosa) in fresh or dehydrated (dried) form and subjected to no post-harvest processing other than:
(i) Drying or size reduction (e.g., by cutting, milling, or similar procedure); and
(ii) Cleaning or sterilization through the application of heat, steam, pressurization, irradiation or other standard treatments applied to food ingredients.
(b) "Kratom leaf extract" means the material extracted from kratom leaves via application of a solvent consisting of water, ethanol or food grade carbon dioxide, or any other solvent allowed by federal or state regulation to be used in the manufacturing of a food ingredient.
(c) "Kratom product" means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract.
(d) "Synthesized" means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including, but not limited to, fermentation, recombinant techniques, yeast derived and enzymatic techniques) rather than traditional food preparation techniques such as heating or extracting.
(e) "Semi-synthesized" means a kratom extract that has been further exposed to chemicals or processes, or both, that would confer a structural change in the alkaloids contained within the extract (i.e., oxidation, reduction, ring opening/closing), resulting in material that has been chemically altered.
(f) "Attractive to children" means products that are:
(i) Manufactured in the shape of humans, cartoons or animals; or
(ii) Manufactured in a form that bears a reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product, such that the product could be mistaken for the branded product, especially by children.
(g) "Processor" means a person that manufacturers, packages, labels or distributes kratom products or advertises, represents or holds itself out as manufacturing, preparing, packaging or labeling kratom products.
(h) "Person" has the same meaning as ascribed in Section 1-3-39.
SECTION 2. (1) A person may not sell, offer for sale, provide or distribute kratom leaf or a kratom product to a person under twenty-one (21) years of age.
(2) An online retailer or marketplace of kratom leaf or kratom products shall implement an age-verification system to ensure compliance with subsection (1) of this section.
(3) A person may not sell, offer for sale, provide or distribute a kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the kratom product.
(4) An individual, business or other entity may not produce, sell or distribute a kratom product that is attractive to children.
(5) A person may not distribute kratom consumable products through displays accessible to the public without the assistance of a retailer's employee or agent other than in an establishment open only to persons twenty-one (21) years of age or older or encased where other products accessible to persons twenty-one (21) years of age or older are stored.
(6) A person or entity may not offer for sale a kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.
SECTION 3. (1) A kratom product sold, offered for sale, or introduced into commerce in the State of Mississippi must be manufactured, packaged, labeled and held in compliance with U.S. federal laws and regulations for current good manufacturing practices in manufacturing, packaging, labeling or holding operations for dietary supplements, as codified in 21 CFR Part 111.
(2) A processor that manufactures, processes, packages or holds kratom products out for sale in the State of Mississippi must be properly registered with the U.S. Food and Drug Administration.
SECTION 4. A kratom product produced, manufactured, distributed, sold or offered for sale must have a label that clearly and conspicuously provides all of the following information on each retail package:
(a) A recommendation against the use by individuals who are under twenty-one (21) years of age, who are pregnant, or who are breastfeeding;
(b) A recommendation to consult a health care professional before use;
(c) An advisement that kratom may interact with certain medications;
(d) An advisement that kratom may be habit forming;
(e) 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.";
(f) The name and place of business of the processor, manufacturer, packer or distributor;
(g) Directions for use that include the following:
(i) A recommended amount of the kratom product per serving; and
(ii) A recommended number of servings that can be safely consumed in a 24-hour period;
(h) Quantitative declarations of the amount per serving of the following:
(i) Mitragynine; and
(ii) 7-hydroxymitragynine.
SECTION 5. For the privilege of engaging or continuing within this state in the business of the retail sale of kratom or kratom products, there is levied upon and collected from every person exercising the privilege a privilege tax equal to five percent (5%) of the retail sales price of kratom or kratom products sold during the reporting period. The tax imposed under this section is in addition to all other applicable taxes.
SECTION 6. (1) A person who sells a kratom product without a registration in violation of this act is subject to a civil penalty not exceeding One Thousand Dollars ($1,000.00) for a first offense and not exceeding Five Thousand Dollars ($5,000.00) for a second offense. All penalties shall be payable to the Department of Public Safety.
(2) For a third violation and each subsequent violation, the person who sells a kratom product without a registration in violation of this act is subject to a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Twenty Thousand Dollars ($20,000.00). In addition to the fine, the person is prohibited from selling kratom products in the State of Mississippi for a period of three (3) years.
SECTION 7. A local governing authority within the State of Mississippi may not impose additional restrictions on kratom leaf or kratom products greater than those set forth in this act or enact additional requirements on the manufacture of kratom leaf, kratom extract or a kratom product.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.