4-45-104. Kratom processor and kratom retailer requirements -- Criminal penalty.

386 words·~2 min read·/ut/title-4/chapter-45/4-45-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that:

(a)is not pure leaf kratom; and

(b)does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.

(2)A kratom processor or kratom retailer who violates Subsection

(1)is guilty of:

(a)a class B misdemeanor for the first violation;

(b)a class A misdemeanor for a second violation; and

(c)a third degree felony for any subsequent violation.

(3)A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter.

(a)A kratom processor shall register as a food establishment in accordance with Section 4-5-301 and with the department as a kratom processor.

(b)A kratom retailer shall register with the department as a kratom retailer.

(c)The department may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004 .

(d)The department shall set a fee to register the following:

(i)a kratom processor; and

(ii)a kratom retailer.

(e)The department shall:

(i)set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the person is not registered as a kratom processor or kratom retailer with the department; and

(ii)assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom product for sale in this state if the person is not registered as a kratom processor or kratom retailer.

(5)Notwithstanding Subsection (1)(a) , until March 6, 2027, a kratom processor may prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product if the kratom product:

(a)is not offered for retail sale or distribution in this state;

(b)is manufactured and distributed for lawful sale in another state; and

(c)does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.

Amended by Chapter 362 , 2026 General Session