The proposed "Rhode Island Kratom Act" establishes a regulatory framework for the sale, distribution, and possession of kratom and kratom products within the state. It defines key terms related to kratom, including "kratom," "kratom product," "distributor," "manufacturer," and "retailer," and sets strict limitations on acceptable products. The act prohibits the sale of kratom products that are harmful, contain synthetic substances, or are marketed to individuals under 21 years of age.
All kratom products must be sold by licensed retailers and obtained from licensed manufacturers, importers, or distributors. The legislation introduces a licensing framework requiring all parties involved in the sale of kratom to secure a license, with specific initial application and renewal fees outlined. Effective from April 1, 2026, until December 31, 2027, the initial application fee for manufacturers, importers, or distributors is set at $2,000, while the fee for retailers is $1,000.
The act also includes provisions for age restrictions, mandating that no person or entity shall distribute, sell, or transfer kratom products to individuals under 21 years of age. It requires valid photo identification for proof of age for all kratom product purchases and mandates that all kratom products be kept behind the sales counter, accessible only to store employees.
Penalties for violations of the act include fines and potential suspension or revocation of licenses. The Department of Health is empowered to conduct compliance inspections and enforce penalties for non-compliance. Additionally, the act establishes a 15% tax on kratom sales, which will be directed to the general fund.
Records related to kratom transactions must be maintained for three years, and the act allows for the confiscation of contraband kratom products. The Department of Health is authorized to promulgate rules and regulations to fulfill the intent of the act. The act is set to take effect on April 1, 2026.
Statutes affected: 792: 21-28-2.03
792 SUB A: 21-28-2.03