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PRINTER'S NO. 3668
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2657
Session of
2026
INTRODUCED BY KOSIEROWSKI, PROKOPIAK, DONAHUE, FRANKEL, BRENNAN,
CONKLIN, MALAGARI, DOUGHERTY, BOROWSKI, OTTEN, SANCHEZ,
STEELE, SAPPEY, CEPEDA-FREYTIZ, INGLIS, NEILSON, CURRY,
MUNROE, CIRESI, PUGH, PROBST, KRUPA, MADDEN, T. DAVIS, KHAN,
McNEILL, BOYD, STEHR, MERSKI AND O'MARA, JUNE 22, 2026
REFERRED TO COMMITTEE ON HEALTH, JUNE 22, 2026
AN ACT
Providing for the regulation and sale of kratom products;
imposing a tobacco products tax on natural kratom products;
imposing duties on the Department of Health; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Regulation
and Oversight of Kratom Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dealer." A wholesaler or retailer.
"Department." The Department of Health of the Commonwealth.
"Kratom." The plant Mitragyna speciosa and any part of the
plant.
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"Manufacturer." A person that produces natural kratom
products.
"Natural form." Dried, cut and sifted kratom leaf or raw
kratom leaf powder.
"Natural kratom product." An intermediate or finished
product containing kratom in natural form that is not mixed with
a nonkratom product.
"Processor." A person registered in this Commonwealth to:
(1) Manufacture or perform any other necessary activity
to make kratom into a natural kratom product.
(2) Sell, provide or distribute a natural kratom product
to a retailer.
"Retailer." A person registered in this Commonwealth to
sell, provide or distribute a natural kratom product to a
consumer.
"Synthetic kratom product." An intermediate or finished
product that meets any of the following:
(1) has a level of 7-hydroxymitragynine in the alkaloid
fraction exceeding 0.5% of the total alkaloid composition of
a kratom product;
(2) has a level of mitragynine pseudoindoxyl of more
than 10 parts per million;
(3) contains a synthetic alkaloid, including synthetic
mitragynine, synthetic 7-hydroxymitragynine or any other
synthetically derived compound of kratom; or
(4) is a product that contains kratom and is not a
natural kratom product.
"Transaction scan device." A device capable of deciphering,
in an electronically readable format, the information encoded on
the magnetic strip, chip or barcode of an identification card.
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"Wholesaler." A person engaged in the business of selling
natural kratom products that receives, stores, sells, exchanges
or distributes natural kratom products to retailers or other
wholesalers in this Commonwealth or retailers that purchase from
a manufacturer or from another wholesaler that has not paid the
tax imposed by this act.
Section 3. Prohibited acts relating to synthetic kratom
products.
(a) Prohibition.--The manufacture, delivery, sale or
possession with intent to manufacture, deliver or sell a
synthetic kratom product is prohibited.
(b) Exception.--Subsection (a) shall not apply to:
(1) A person registered under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act.
(2) A practitioner registered or licensed by the
appropriate State board to prescribe or dispense a synthetic
kratom product.
Section 4. Regulation of kratom products.
(a) Registration of processors and retailers.--
(1) Prior to performing an action of a processor or
retailer, a person shall register with the department. A
processor and retailer shall renew its registration annually.
(2) The department shall:
(i) Establish a procedure for a person to register
and requirements for approval.
(ii) Establish a registration and renewal fee,
neither of which may exceed $100.
(3) All fees collected by the department shall be paid
to the department and used to enforce this act.
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(b) Prohibition.--
(1) A processor or retailer may not sell, provide or
distribute a natural kratom product to an individual under 21
years of age. A retailer shall utilize a transaction scan
device to confirm the age of an individual involved in a
transaction involving a natural kratom product.
(2) A retailer may not sell or share data from the use
of a transaction scan device.
(3) The retailer may use the data to show the department
or law enforcement that the retailer is in compliance with
this act.
(c) Labeling.--A retailer may only sell a natural kratom
product that bears a label that includes the following:
(1) The name and address of the processor responsible
for manufacturing the natural kratom product.
(2) A disclosure that reads:
These products have not been evaluated by the United
States Food and Drug Administration.
(3) A verification that the natural kratom product is in
its natural form.
(4) A warning to keep out of reach of minors.
(5) Any other public health warning the department may
require as a condition of registration.
(d) Packaging.--A natural kratom product shall be labeled
and placed in a resealable, child-resistant package prior to
sale by a retailer.
(e) Prohibitions.--A processor or retailer may not
advertise, brand, market, package, label or manufacture a
natural kratom product in a way that:
(1) Appeals to children or individuals under 21 years of
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age.
(2) Makes medical claims or promotes use of a natural
kratom product for a medical purpose.
(3) Shares a likeness to commercially sold food, candy
or beverages.
Section 5. Penalties.
(a) Violations of section 3.--A person or retailer that
knowingly or intentionally violates section 3 commits a
misdemeanor and shall, upon conviction, be sentenced to pay a
fine not exceeding $15,000 or to imprisonment not exceeding five
years, or both.
(b) Violations of section 4.--A person that knowingly or
intentionally violates section 4 shall be subject to a civil
penalty not to exceed $10,000 for each offense. Each day a
person violates section 4 shall constitute a separate offense.
The following shall apply:
(1) The Attorney General, a State or local law
enforcement agency or a local government unit may investigate
a violation or suspected violation of section 4 and engage in
enforcement measures, including entering into an
intergovernmental agreement.
(2) Upon the conduct of a third or subsequent violation
of section 4, a local government unit may suspend, revoke or
deny a license, permit or other authorization to conduct
business, issued by the local government unit and held by the
person or for which the person has applied.
(3) A violation of section 4 is an unfair or deceptive
act or practice under the act of December 17, 1968 (P.L.1224,
No.387), known as the Unfair Trade Practices and Consumer
Protection Law. Remedies, penalties and authority granted to
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the Attorney General under the Unfair Trade Practices and
Consumer Protection Law shall be available for the
enforcement of this act.
(4) In addition to the authority granted to the Attorney
General under this subsection, a consumer injured by a
violation of section 4 may bring an action to enjoin a
processor or retailer from offering for sale, selling,
providing, processing or distributing kratom or natural
kratom products and to recover actual damages sustained. The
court shall award attorney fees and costs to the prevailing
party.
Section 6. Tobacco products tax.
The tobacco products tax under section 1202-A(a) of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, is imposed on a dealer or manufacturer at the time the
natural kratom product is first sold to a retailer in this
Commonwealth as provided under Article XII-A of the Tax Reform
Code of 1971.
Section 7. Effective date.
This act shall take effect as follows:
(1) Sections 4 and 5(b) shall take effect in 90 days.
(2) The remainder of this act shall take effect
immediately.
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