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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Berry
SENATE BILL NO. 2645
AN ACT TO PROHIBIT THE SALE OR DISTRIBUTION OF HEMP 1
BEVERAGES, THC BEVERAGES AND KRATOM BEVERAGES; TO PROVIDE 2
PENALTIES FOR VIOLATIONS; TO ENABLE THE DEPARTMENT OF AGRICULTURE 3
AND COMMERCE AND THE STATE DEPARTMENT OF HEALTH TO ADOPT RULES OR 4
REGULATIONS AS NECESSARY TO IMPLEMENT THIS SECTION; TO AMEND 5
SECTION 75-103-3, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) As used in this section, the following terms 9
have the meanings ascribed in this section, unless the context 10
clearly indicates otherwise: 11
(a) "Hemp beverage" means a liquid capable of being 12
consumed as a beverage by a human being that consists of or 13
contains any part of the hemp plant, including naturally occurring 14
cannabinoids, compounds, concentrates, extracts, isolates, or 15
resins. 16
(b) "Kratom beverage" means a liquid capable of being 17
consumed as a beverage by a human being that consists of or 18
contains kratom leaf or kratom leaf extract that does not contain 19
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any synthesized kratom alkaloids, other kratom constituents, or 20
synthesized metabolites of any kratom constituent. 21
(c) "Prohibited beverage" means a hemp beverage, a THC 22
beverage, or a kratom beverage. 23
(d) "Restaurant" has the meaning ascribed in Section 24
75-97-1. 25
(e) "Retail food establishment" has the meaning 26
ascribed in Section 69-1-18. 27
(f) "THC beverage" means a liquid capable of being 28
consumed as a beverage by a human being that consists of or 29
contains delta-8-tetrahydrocannabinol, 30
delta-9-tetrahydrocannabinol, delta-10-tetrahydrocannabinol, 31
artificially derived cannabinoids, as defined in Section 41-137-3, 32
hexahydrocannabinol, tetrahydrocannabinol acetate, 33
tetrahydrocannabiphorol or tetrahydrocannabivarin. 34
(2) (a) It shall be unlawful for any person to sell, hold 35
for sale, offer for sale or distribute any prohibited beverage in 36
this state. 37
(b) Any person who violates this section shall be 38
guilty of a misdemeanor and, upon conviction, shall be punished by 39
a fine of not more than Five Hundred Dollars ($500.00) or by 40
imprisonment in the county jail for not more than three (3) 41
months, or by both such fine and imprisonment. 42
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(3) (a) A retail food establishment that sells or 43
distributes a prohibited beverage in violation of this section 44
shall be subject to disciplinary action under Section 69-1-18. 45
(b) The license of a retail food establishment may be 46
suspended or revoked if found by the Commissioner of Agriculture 47
and Commerce to be in violation of this section, as provided in 48
Section 69-1-18. 49
(4) (a) A restaurant that sells or distributes a prohibited 50
beverage in violation of this section shall be subject to all 51
enforcement measures as provided by rule or regulation of the 52
State Department of Health. 53
(b) The permit of a restaurant may be suspended or 54
revoked as provided by rule or regulation of the State Department 55
of Health upon conviction of an owner or an employee of the 56
establishment for a violation of this section in connection with 57
the establishment. 58
(5) The Department of Agriculture and Commerce and the State 59
Department of Health may adopt rules or regulations as necessary 60
to implement this section. 61
SECTION 2. Section 75-103-3, Mississippi Code of 1972, is 62
amended as follows: 63
75-103-3. (1) (a) A retailer, manufacturer, and/or 64
wholesaler shall not distribute or sell a kratom product to an 65
individual under twenty-one (21) years of age. 66
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(b) Kratom products offered for sale must be placed 67
behind the retailer's counter. 68
(c) Every person engaged in the business of selling 69
kratom products at retail shall notify each individual employed by 70
that person as a retail sales clerk that state law: 71
(i) Prohibits the sale or distribution of kratom 72
products, including samples, to any person under twenty-one (21) 73
years of age and the purchase or receipt of kratom products by any 74
person under twenty-one (21) years of age; and 75
(ii) Requires that proof of age be demanded from a 76
prospective purchaser or recipient if the individual is not known 77
to the seller, barterer, deliverer or giver of the kratom product 78
to be the age of twenty-one (21) years or older. Every person 79
employed by a person engaged in the business of selling kratom 80
products at retail shall sign an agreement with his employer in 81
substantially the following or similar form: 82
"I understand that state law prohibits the sale or 83
distribution of kratom products to persons under the age of 84
twenty-one (21) years, and requires that proof of age be 85
demanded from a prospective purchaser or recipient if the 86
individual is not known to the seller, barterer, deliverer 87
or giver of the kratom product to be the age of twenty-one 88
(21) years or older. I promise, as a condition of my 89
employment, to observe this law." 90
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(d) No retailer who instructs his employee as provided 91
in this section shall be liable for any violations committed by 92
such employees. 93
(2) A retailer, wholesaler, jobber, distributor and 94
manufacturer shall not prepare, distribute, or sell any of the 95
following: 96
(a) A product represented as being a kratom product 97
that does not meet the definition for a kratom product pursuant to 98
Section 75-103-1; 99
(b) A kratom product containing a level of 100
7-hydroxymitragynine in the alkaloid fraction that is greater than 101
one percent (1%) of the alkaloid composition and not to exceed 102
one-half (0.5) milligram per container of the product; 103
(c) A kratom product containing any controlled 104
substance listed in the Uniform Controlled Substances Act, unless 105
the product is compounded by a licensed pharmacist with the 106
controlled substance dispensed in accordance with a valid 107
prescription; or 108
(d) Any kratom product that does not have a label that 109
clearly sets forth the identity, address and telephone number of 110
the manufacturer, and a full list of the ingredients in the kratom 111
product. 112
(3) A retailer, wholesaler, jobber, distributor or 113
manufacturer shall not sell, distribute or expose for sale a 114
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ST: Beverages containing hemp, THC or kratom;
prohibit sale of.
kratom product prior to registering with the Mississippi 115
Department of Revenue. 116
(4) A retailer, wholesaler, jobber, distributor or 117
manufacturer shall comply with the provisions of subsection (3) of 118
this section from and after October 1, 2025. 119
(5) Nothing in this section shall permit the sale of kratom 120
beverages prohibited by Section 1 of this act. 121
SECTION 3. This act shall take effect and be in force from 122
and after July 1, 2026. 123