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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1282
BY
AGRICULTURAL
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
KRATOM;
AMENDING
TITLE
37,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
2
CHAPTER
31,
TITLE
37,
IDAHO
CODE,
TO
ESTABLISH
THE
KRATOM
CONSUMER
PRO
-
3
TECTION
AND
SAFETY
ACT;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EF
-
4
FECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Title
37,
Idaho
Code,
be,
and
the
same
is
hereby
amended
7
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
8
ter
31,
Title
37,
Idaho
Code,
and
to
read
as
follows:
9
CHAPTER
31
10
Kratom
Consumer
Protection
and
Safety
1
1
37
-
3101.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
12
the
"Idaho
Kratom
Consumer
Protection
and
Safety
Act."
13
37
-
3102.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
legislature
finds
14
that:
15
(a)
Kratom
is
legally
sold
in
Idaho
and
used
by
adults
for
a
variety
of
16
personal
purposes;
17
(b)
Public
health
risks
arise
primarily
from
adulterated
or
chemically
18
enhanced
kratom
products,
particularly
those
containing
artificially
19
elevated
levels
of
7
-
hydroxymitragynine
(7
-
OH);
and
20
(c)
Kratom's
natural
alkaloid
profile
contains
only
trace
amounts
of
21
7
-
OH,
while
potentially
dangerous
products
often
include
synthetic
or
22
spiked
levels
of
7
-
OH.
23
(2)
It
is
the
intent
of
the
legislature:
24
(a)
To
preserve
adult
access
to
natural
kratom
while
preventing
the
25
sale
of
unsafe,
adulterated,
or
synthetic
products;
26
(b)
That
regulation
of
natural
kratom
products
be
limited,
minimal,
and
27
fiscally
neutral,
and
not
include
the
imposition
of
licensing
fees
nor
28
registration
requirements;
and
29
(c)
To
occupy
the
whole
field
of
regulation
regarding
natural
kratom
30
products
such
that
no
political
subdivision
of
the
state
shall
adopt
31
or
enact
any
standard
or
other
requirement
that
is
inconsistent
with,
32
varies
from,
exceeds,
or
imposes
additional
burdens
than
the
provisions
33
of
this
chapter.
Any
such
standard
or
requirement
that
now
exists,
or
34
that
may
hereinafter
exist,
is
hereby
declared
to
be
unenforceable.
35
37
-
3103.
DEFINITIONS.
As
used
in
this
chapter:
36
(1)
"Adulterated
kratom
product"
means
a
kratom
product
that:
37
(a)
Contains
any
synthesized
material,
semisynthetic
alkaloid,
or
syn
-
38
thetic
kratom
-
like
compound;
39
2
(b)
Contains
added
or
artificially
increased
7
-
hydroxymitragynine
1
(7
-
OH);
2
(c)
Contains
7
-
OH
that
exceeds
two
percent
(2%)
of
its
total
alkaloid
3
content;
4
(d)
Contains
more
than
one
(1)
milligram
per
serving
of
7
-
OH;
5
(e)
Contains
heavy
metals
exceeding
applicable
federal
limits;
6
(f)
Contains
microbial
contamination,
mold,
salmonella,
E.
coli,
or
7
other
harmful
adulterants;
or
8
(g)
Contains
any
controlled
substance
listed
under
chapter
27,
title
9
37,
Idaho
Code.
10
(2)
"Alkaloid"
means
a
compound
found
in
the
mitragyna
speciosa
leaf,
1
1
including
but
not
limited
to
mitragynine,
paynantheine,
speciociliatine,
or
12
speciogynine.
13
(3)
"Department"
means
the
Idaho
department
of
agriculture.
14
(4)
"Kratom"
means
the
mitragyna
speciosa
plant
or
any
part
of
that
15
plant.
16
(5)
"Kratom
distributor"
means
a
person
that
sells,
transports,
17
stores,
or
wholesales
a
finished
kratom
product
that
the
person
did
not
manu
-
18
facture,
process,
extract,
alter,
repackage,
or
relabel.
19
(6)
"Kratom
extract"
means
a
substance
or
compound
obtained
by
extrac
-
20
tion
from
the
mitragyna
speciosa
leaf
that
contains
kratom
alkaloids
and
21
that
does
not
contain
any
controlled
substances
or
levels
of
residual
sol
-
22
vents
higher
than
is
allowed
in
the
U.S.
pharmacopoeia
(USP)
467.
23
(7)
"Kratom
product"
means
a
finished
product
containing
kratom
or
24
kratom
extract
that
is
intended
for
human
consumption
that
contains
any
part
25
of
the
mitragyna
speciosa
plant
in
any
form.
26
(8)
"Kratom
processor"
means
a
person
that:
27
(a)
Manufactures,
distributes,
or
warehouses
a
kratom
product;
or
28
(b)
Advertises,
represents,
or
holds
itself
out
as
manufacturing,
dis
-
29
tributing,
or
warehousing
a
kratom
product.
30
(9)
"Kratom
retailer"
means
a
person
that
sells
or
advertises
itself
as
31
selling
kratom
products
directly
to
consumers
for
human
consumption.
32
(10)
"Person"
means
any
individual,
partnership,
corporation,
associ
-
33
ation,
governmental
subdivision
or
agency,
or
public
or
private
organiza
-
34
tion
or
entity
of
any
character.
35
37
-
3104.
PROHIBITED
CONDUCT.
(1)
A
kratom
processor
or
retailer
shall
36
not:
37
(a)
Sell,
prepare,
or
distribute
an
adulterated
kratom
product;
38
(b)
Add,
introduce,
or
apply
any
substance
intended
to
increase
the
39
concentration
or
potency
of
7
-
OH
in
a
kratom
product;
40
(c)
Sell
a
synthetic
product
falsely
represented
as
a
kratom
product;
41
and
42
(d)
Mislabel
or
intentionally
misrepresent
the
alkaloid
content
of
a
43
kratom
product.
44
(2)
A
kratom
retailer
does
not
violate
this
chapter
if
it
is
shown
by
a
45
preponderance
of
the
evidence
that
the
retailer,
in
good
faith,
relied
on
the
46
representation
of
a
kratom
processor
that
the
product
was
a
kratom
product
47
and
not
an
adulterated
kratom
product.
48
3
(3)
This
chapter
shall
not
be
construed
to
prohibit
the
production
or
1
sale
of
kratom
products
that
include
other
substances,
such
as
vitamins,
2
minerals,
botanicals,
concentrates,
metabolites,
extracts,
or
combinations
3
thereof,
that
are
not
otherwise
prohibited
by
law.
4
37
-
3105.
AGE
RESTRICTION.
No
person
shall
sell,
deliver,
or
give
away
5
kratom
or
cause
or
permit
kratom
to
be
sold,
delivered,
or
given
away
to
any
6
person
under
eighteen
(18)
years
of
age.
7
(2)
Proof
of
age
shall
be
a
validly
issued
state,
district,
territo
-
8
rial,
possession,
provincial,
national,
or
other
equivalent
government
9
driver's
license,
identification
card,
or
military
identification
card
10
bearing
a
photograph
and
date
of
birth,
or
a
valid
passport.
1
1
(3)
Any
person
who
knowingly
misrepresents
age
for
the
purpose
of
ob
-
12
taining
kratom
shall
be
guilty
of
a
misdemeanor.
13
(4)(a)
An
affirmative
defense
shall
be
available
for
a
kratom
retailer
14
that
requested,
examined,
and
reasonably
relied
on
identification
es
-
15
tablishing
age
pursuant
to
this
section
provided
to
the
retailer
by
a
16
person
intending
to
purchase
a
kratom
product.
17
(b)
A
kratom
retailer's
failure
to
request
and
examine
identification
18
from
a
person
intending
to
purchase
a
kratom
product
prior
to
the
sale
19
of
such
product
to
such
person
shall
be
construed
against
the
retailer
20
and
shall
form
a
conclusive
basis
for
the
retailer's
violation
of
this
21
section.
22
37
-
3106.
TESTING
REQUIREMENTS.
(1)
A
kratom
processor
shall
keep,
and
23
make
available
upon
request
by
the
department,
a
certification
that
the
pro
-
24
cessor's
operations
are
consistent
with
applicable
federal
regulations
and
25
guidelines,
including:
26
(a)
21
CFR
111
and
117;
27
(b)
Requirements
related
to
the
processor
establishing
limits
and
con
-
28
trols
for
contaminants
reasonably
likely
to
occur;
and
29
(c)
Other
such
requirements
that
apply
to
kratom
products
made
avail
-
30
able
pursuant
to
the
provisions
of
this
chapter
for
facilities
that
man
-
31
ufacture,
process,
pack,
or
store
a
kratom
product
that
is
being
offered
32
for
sale
in
the
state
of
Idaho.
33
(2)
A
kratom
retailer
or
distributor
may
rely,
in
good
faith,
on
the
34
kratom
processor's
certification
and
shall
not
be
subject
to
penalty
for
35
violations
resulting
solely
from
inaccurate
or
fraudulent
information
pro
-
36
vided
by
a
kratom
processor.
37
37
-
3107.
LABELING
REQUIREMENTS.
A
kratom
product
offered
for
sale
in
38
Idaho
shall
include
on
its
package:
39
(1)
The
name
and
business
address
of
the
processor
or
retailer;
40
(2)
A
batch
number;
and
41
(3)
A
statement
that
the
product:
42
(a)
Contains
kratom;
43
(b)
Has
not
been
evaluated
by
the
U.S.
food
and
drug
administration,
and
44
is
not
intended
to
diagnose,
treat,
cure,
or
prevent
any
disease;
and
45
(c)
Is
not
for
sale
to
persons
under
eighteen
(18)
years
of
age.
46
4
37
-
3108.
ENFORCEMENT
AND
PENALTIES.
(1)
A
person
that
knowingly
vio
-
1
lates
this
chapter
is
subject
to
a
civil
penalty
not
to
exceed:
2
(a)
One
thousand
dollars
($1,000)
for
a
first
violation;
and
3
(b)
Two
thousand
five
hundred
dollars
($2,500)
for
each
subsequent
vio
-
4
lation.
5
(2)
Each
batch
or
individually
packaged
product
sold
in
violation
con
-
6
stitutes
a
separate
offense.
7
(3)
The
attorney
general
or
a
county
prosecuting
attorney
in
which
the
8
alleged
violation
occurred
shall
bring
a
civil
action
to
enforce
this
chap
-
9
ter.
10
(a)
A
political
subdivision
of
the
state
may
request
the
office
of
the
1
1
attorney
general
and
the
county
prosecuting
attorney
to
bring
a
civil
12
action
to
enforce
this
chapter.
13
(b)
A
private
cause
of
action
is
prohibited.
14
(4)
Any
adulterated
kratom
product
may
be
seized
and
destroyed
pursuant
15
to
court
order.
16
37
-
3109.
RULEMAKING
AUTHORITY.
The
department
may
adopt
only
mini
-
17
mal
rules,
subject
to
legislative
approval,
necessary
to
define
acceptable
18
contaminant
limits
and
testing
standards.
No
rule
may
impose
any
licensing
19
requirement,
registration
requirement,
fee,
or
regulatory
burden
not
ex
-
20
pressly
authorized
in
this
chapter.
21
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
22
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
23
July
1,
2026.
24