What's happening
This bill prohibits the sale of kratom to individuals under 21 and requires a state study on kratom’s health effects.
Why it matters
Expands regulation of kratom in New York by grouping it with tobacco and other age-restricted products. , signaling an official state stance on the need for oversight due to potential health or abuse concerns.
Imposes clear compliance requirements on businesses. , including mandatory identification checks for anyone appearing under 25, highly visible signage, and specific procedures for electronic ID scanning—raising the bar for due diligence and record-keeping, and introducing significant penalties for violations.
Protects consumer privacy by strictly limiting how businesses can use, store, and share personal data collected during ID checks. , prohibiting resale or dissemination of this information except under court order, which may reassure customers about their data security.
Mandates a comprehensive state health study on kratom. , requiring the Department of Health to examine both risks and benefits and report back within a year—potentially shaping future policy decisions and informing the public debate on kratom's legal and medical status.
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Who cares
Kratom retailers and their employees
The bill would require age checks and warning signs, prohibit sales to people under 21 and restrict the use and sharing of scanned identification data.
People under 21
The bill would prohibit anyone from knowingly selling or providing them kratom, with violations subject to a civil penalty of up to $500.
New York State Department of Health
The commissioner would have to study kratom’s potential health risks, benefits and effects and report findings and recommendations within one year of the bill’s effective date.
Headline styles
Ban Kratom Sales to Minors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 60–1
- Ordered to third reading cal.1219
- Committee discharged and committed to rules
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Kratom Sales to Minors
In Assembly Committee · Health · Sponsor Phil Steck
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5531
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the prohibition of the sale of kratom to individuals under the age of twenty-one
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The article heading of article 13-F of the public health law, as amended by chapter 448 of the laws of 2012, is amended to read as follows:
REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION
TO MINORS
§ 2. Section 1399-aa of the public health law is amended by adding a new subdivision 14 to read as follows:
14. "Kratom" means any part of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of such plant.
§ 3. Article 13-F of the public health law is amended by adding a new section 1399-mmm to read as follows:
§ 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly sell or provide kratom to any other person under twenty-one years of age. Any person who violates the provisions of this subdivision shall be subject to a civil penalty of not more than five hundred dollars.
2.(a) Any person operating a place of business wherein kratom is sold or offered for sale is prohibited from selling such kratom to individuals under twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW". Such sign shall be printed on a white card in red letters at least one-half inch in height.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11257-01-9
S. 5531 2
(b) Sales of kratom shall be made only to an individual who demonstrates, through (i) a valid driver's license or non-driver's identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (ii) a valid passport issued by the United States government or any other country, or (iii) an identification card issued by the armed forces of the United States, or (iv) any other photographic identification card issued by a governmental entity or educational institution indicating that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the sale of kratom to an individual under twenty-one years of age.
(c)(i) Any person operating a place of business wherein kratom is sold or offered for sale may perform a transaction scan as a precondition for such purchases.
(ii) In any instance where the information deciphered by the transaction scan fails to match the information printed on the driver's license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied.
(iii) In any proceeding pursuant to section thirteen hundred ninetynine-ee of this article, it shall be an affirmative defense that such person had produced a driver's license or non-driver identification card apparently issued by a governmental entity, successfully completed that transaction scan, and that the kratom has been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan. In evaluating the applicability of such affirmative defense the commissioner shall take into consideration any written policy adopted and implemented by the seller to effectuate the provisions of this article. Use of a transaction scan shall not excuse any person operating a place of business wherein kratom is sold, or the agent or employee of such person, from the exercise of reasonable diligence otherwise required by this article. Notwithstanding the above provisions, any such affirmative defense shall not be applicable in any civil or criminal proceeding, or in any other forum.
(d) A business or agent or employee of such business shall only use a device capable of deciphering any electronically readable format, and shall only use the information recorded and maintained through the use of such devices, for the purposes contained in paragraph (c) of this subdivision. No business or agent or employee of such business shall resell or disseminate the information recorded during such a scan to any third person. Such prohibited resale or dissemination includes but is not limited to any advertising, marketing or promotional activities. Notwithstanding the restrictions imposed by this subdivision, such records may be released pursuant to a court ordered subpoena or pursuant to any other statute that specifically authorizes the release of such information. Each violation of this subdivision shall be punishable by a civil penalty of not more than one thousand dollars.
(e) A business or agent or employee of such business may electronically or mechanically record and maintain only the information from a transaction scan necessary to effectuate this section. Such information shall be limited to the following: (i) name, (ii) date of birth, (iii)
S. 5531 3
driver's license or non-driver identification number, and (iv) expiration date.
(f) As used in this subdivision, "a device capable of deciphering any electronically readable format", "card holder" and "transaction scan" shall have the same meanings as are ascribed to such terms by section thirteen hundred ninety-nine-cc of this article.
§ 4. The commissioner of health shall conduct a study relating to kratom. The study shall include but not be limited to the potential health risks, benefits and effects of kratom and shall review all available data relating to such. Such commissioner shall publish and submit a report of his or her findings and recommendations to the governor, the speaker of the assembly and the temporary president of the senate on or before one year from the effective date of this act.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the prohibition of the sale of kratom to individuals under the age of twenty-one
Purpose
This legislation will prevent the sale of kratom to individuals under 21.
Summary of provisions
Section 1. Changes title of section
Section 2. Adds Kratom definition to the public health law
Section 3. Amends the public health law to add the prohibition of the sale of kratom for those under the age of 21. Requires signage about the prohibition of kratom. Requires those buying kratom to show identifica- tion
Section 4. Requires commissioner of health to conduct a study relating to kratom.
Section 5. Effective Date
Justification
Kratom is an opioid like plant which produces a high. It is typically sold as tea leaves, powder or pill form for muscle relaxation, to fight fatigue, and as an antidepressant. Despite these many alleged medicinal benefits, the Drug Enforcement Administration lists it as a drug of concern with no medicinal value. Furthermore, the Food and Drug Adminis- tration compares kratom to morphine in its risks for addiction, abuse and dependence. Several FDA studies are continuing to evaluate the scientific information on kratom but warns consumers to not use any products containing kratom until it is better understood.
According to the Center for Disease Control, kratom was listed as the cause of death for 91 individuals out of 152 who tested positive for kratom between July 2016 and December 2017.
This legislation will go a long way in keeping kratom out of the hands of children and young adults. Under this legislation, a person who sells kratom to individuals under 21 will face up to a $500 fine.
Sales of kratom have already been banned in Thailand, Alabama, Arkansas, Indiana, Vermont, Rhode Island, Washington DC and Wisconsin. Tennessee and Suffolk County also has a ban for sales under 21. New Hampshire and Illinois bans the sale under 18. New York needs to protect individuals from this substance by banning the sale of this substance for those under 21.
Prior legislative history
None.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.