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Full Text of SB3160
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SB3160 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3160
Introduced 2/2/2026, by Sen. Cristina Castro
SYNOPSIS AS INTRODUCED:
New Act
Creates the Kratom Prohibition Act. Prohibits the purchase,
possession, sale, or distribution of any product containing kratom.
Authorizes certified local health departments that adopt an ordinance to
enforce the Act and impose fines. Provides that violations are Class B
misdemeanors with a minimum fine of $500 for selling or furnishing kratom.
Defines terms. Repeals the Kratom Control Act.
LRB104 19683 BDA 33132 b
A BILL FOR
SB3160
LRB104 19683 BDA 33132 b
1
AN ACT concerning health.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
Kratom
5
Prohibition Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Kratom" means any parts of the plant Mitragyna speciosa,
8
whether growing or not, and any compound, manufacture, salt,
9
derivative, semi-synthesized kratom alkaloids or kratom
10
constituents, synthesized kratom alkaloids or kratom
11
constituents, extract, mixture, or preparation of that plant,
12
including, but not limited to, mitragynine and
13
7-hydroxymitragynine.
14
"Ordinance health department" means a certified local
15
health department whose governing body has adopted an
16
ordinance electing to administer and enforce this Act.
17
"Semi-synthesized kratom alkaloids or kratom constituents"
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means a kratom extract that has been further exposed to
19
chemicals, processes, or a combination of chemicals and
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processes that would confer a structural change in the
21
alkaloids contained within the extract, such as with
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oxidation, reduction, ring opening, or ring closing, resulting
23
in material that has been chemically altered.
SB3160
- 2 -
LRB104 19683 BDA 33132 b
1
"Synthesized kratom alkaloids or kratom constituents"
2
means an alkaloid or alkaloid derivative that has been created
3
by chemical synthesis or biosynthetic means, including, but
4
not limited to, fermentation, recombinant techniques, yeast
5
derived, or enzymatic techniques, rather than traditional food
6
preparation techniques, such as heating or extracting.
7
Section 10.
Kratom sale or possession prohibited.
8
(a) No person, of any age, shall knowingly purchase or
9
possess any product containing any quantity of Kratom.
10
(b) No person shall knowingly sell, buy for, distribute
11
samples of, or furnish any product containing any quantity of
12
Kratom to any person.
13
Section 15.
Local enforcement.
An ordinance adopted by a
14
governing body of an ordinance health department may include
15
fines for violations of this Act. An ordinance health
16
department may assess fines and forward evidence of violations
17
of this Act to the municipal attorney or State's Attorney for
18
prosecution. An ordinance health department may collect and
19
retain revenue from fines collected under the ordinance. An
20
ordinance health department shall be limited to conducting
21
regulatory inspections under this Act of anyone selling
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prohibited kratom at permitted food establishments subject to
23
inspection by the ordinance health department.
SB3160
- 3 -
LRB104 19683 BDA 33132 b
1
Section 20.
Sentence.
Violation of subsection (a) of
2
Section 10 of this Act is a Class B misdemeanor. Violation of
3
subsection (b) of Section 10 of this Act is a Class B
4
misdemeanor for which the offender shall be fined an amount of
5
not less than $500.
6
Section 25.
Repeal.
The Kratom Control Act is repealed.
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