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5719S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 927
AN ACT
To amend chapter 196, RSMo, by adding thereto two new
sections relating to kratom.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto
two new sections, to be known as sections 196.1170 and 196.1175,
to read as follows:
196.1170. 1. As used in this section, the following
terms mean:
(1) "Adulterated", the addition of fentanyl or any
other controlled substance, a synthesized alkaloid or semi-
synthesized alkaloid, or another substance prohibited by law;
(2) "Alkaloid fraction", a portion of a plant or plant
extract that contains primarily alkaloid compounds;
(3) "Controlled substance", the same meaning as in
section 195.010;
(4) "Kratom leaf", the leaf of the Mitragyna speciosa
plant in fresh, dehydrated, or dried form;
(5) "Kratom leaf extract", the material extracted from
a kratom leaf through the application of a solvent
consisting of water, ethanol, food-grade carbon dioxide, or
another solvent allowed by federal or state law to be used
in the manufacturing of a food ingredient;
(6) "Kratom product", a food or dietary supplement
that consists of, or contains, any part of a kratom leaf, a
kratom leaf extract, or any kratom alkaloid, kratom
constituent, or kratom metabolite. "Kratom product" shall
not include any synthesized alkaloids or semi-synthesized
alkaloids;
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(7) "Semi-synthesized alkaloid", an alkaloid or
alkaloid derivative of the kratom leaf that has been created
by chemical synthesis or biosynthetic means, including, but
not limited to, fermentation, recombinant techniques, yeast-
derived techniques, and enzymatic techniques, rather than by
traditional food preparation techniques such as heat or
extracting.
2. No person shall:
(1) Knowingly prepare, distribute, advertise, sell, or
offer to sell a kratom product:
(a) That is adulterated;
(b) To a person under twenty-one years of age;
(c) That contains 7-hydroxymitragynine concentrated at
a level above eight hundred parts per million on a dry-
weight basis;
(d) That is a confection; mimics a candy product; or
is manufactured, packaged, or distributed in a way that is
appealing to children, including, but not limited to, the
distinct shape of a human, an animal, or fruit; or
(e) That is combustible or intended for vaporization;
(2) Prepare, distribute, advertise, sell, or offer to
sell a kratom product that does not have a label that
clearly and conspicuously sets forth on each retail package:
(a) The name and address for the place of business of
the manufacturer or distributor of the kratom product;
(b) The full list of ingredients in the kratom product;
(c) A disclosure and advice:
a. Against use by individuals who are under twenty-
one years of age, pregnant, or breast-feeding;
b. To consult a health care professional prior to use;
c. That kratom may be habit-forming; and
d. That kratom may interact with certain medications,
drugs, and controlled substances;
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(d) The following statements:
a. "THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE
FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED
TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE."; and
b. "KEEP OUT OF REACH OF CHILDREN."; and
(e) Directions for use that include:
a. A recommended amount of the kratom product per
serving;
b. The number of recommended servings per package;
c. A recommended number of servings of the kratom
product that can be safely consumed in a twenty-four-hour
period; and
d. Quantitative declarations of the amount of
mitragynine and the amount of 7-hydroxymitragynine per
serving of the kratom product; and
(3) Manufacture, package, label, or distribute a
kratom product that:
(a) Contains synthesized alkaloids or semi-synthesized
alkaloids; or
(b) Has 7-hydroxymitragynine concentrated at a level
above eight hundred parts per million on a dry-weight basis.
3. A person that conducts the activities described in
subsection 2 of this section shall be deemed to have engaged
in an unlawful practice in violation of section 407.020.
196.1175. 1. (1) A person shall not give, sell,
distribute, dispense, or offer for sale a kratom product to
any person who is under twenty-one years of age. Before
giving, selling, distributing, dispensing, or offering to
sell an individual any kratom product, a person shall
request from the individual and examine a government-issued
photographic identification that establishes that the
individual is twenty-one years of age or older. A violation
of this subsection shall constitute an infraction.
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(2) It shall be an affirmative defense for any person
alleged to have violated the provisions of subsection 1 of
this section that the person furnishing the kratom product
was presented with and reasonably relied upon a government-
issued photographic identification that identified the
individual receiving the kratom product as being twenty-one
years of age or older.
2. Nothing in the provisions of this section shall be
interpreted to prohibit a political subdivision from
enacting an ordinance, rule, or regulation prohibiting the
sale of kratom products to persons under twenty-one years of
age or imposing requirements more stringent than those
provided in this section; provided, that such ordinance,
rule, or regulation does not establish a minimum age to
purchase kratom products that is under twenty-one years of
age.
3. As used in this section, the term "kratom" shall
mean:
(1) Any part of the leaf of the Mitragyna speciosa
plant if the plant contains the alkaloid mitragynine or 7-
hydroxymitragynine; or
(2) A synthetic material that contains the alkaloid
mitragynine or 7-hydroxymitragynine.