North Carolina HB 468: Regulate Kratom Products.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 468
Committee Substitute Favorable 6/3/25
Committee Substitute #2 Favorable 6/24/25

Short Title: Regulate Kratom Products. (Public)
Sponsors:
Referred to:
March 24, 2025
*H468-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO REGULATE THE SALE AND DISTRIBUTION OF KRATOM PRODUCTS, TO 2
PROHIBIT THE POSSESSION OF KRATOM PRODUCTS AND HEMP-DERIVED 3
CONSUMABLE PRODUCTS ON SCHOOL PROPERTY, AND TO PROHIBIT THE 4
POSSESSION OF HEMP-DERIVED CONSUMABLE PRODUCTS BY PEOPLE UNDER 5
THE AGE OF TWENTY-ONE. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. The General Statutes are amended by adding a new Chapter to read: 8
"Chapter 18E. 9
"Regulation of Kratom Products. 10
"Article 1. 11
"Regulation of Kratom Products. 12
"§ 18E-100. Definitions. 13
Unless the context requires otherwise, the following definitions apply in this Chapter: 14
(1) ALE Division. – The Alcohol Law Enforcement Division of the Department 15
of Public Safety. 16
(2) Batch. – The kratom product produced during a period of time under similar 17
conditions and identified by a specific code that allows traceability. 18
(3) Distributor. – A person or entity that delivers or sells kratom products for the 19
purpose of distribution in commerce. 20
(4) Independent testing laboratory. – A laboratory that meets all of the following 21
conditions: 22
a. Holds an ISO 17025 accreditation or is registered with the Drug 23
Enforcement Administration (DEA) in accordance with 21 C.F.R. § 24
1301.13. 25
b. Does not have a direct or indirect interest in the entity whose product 26
is being tested. 27
c. Does not have a direct or indirect interest in a facility that cultivates, 28
processes, distributes, dispenses, or sells kratom products in this State 29
or any other jurisdiction. 30
d. Has entered into a compliance agreement with the ALE Division to 31
conduct kratom product testing. 32
(5) Ingestion. – The process of consuming kratom through the mouth, by 33
swallowing into the gastrointestinal system or through tissue absorption. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 468-Third Edition
(6) Inhalation. – The process of consuming kratom into the respiratory system 1
through the mouth or nasal passages. 2
(7) Kratom product. – Any consumer commodity containing any quantity of 3
mitragynine or 7-hydroxymytragynine or both, extracted from the leaf of the 4
plant Mitragyna speciosa. This definition includes a synthesized kratom 5
product. 6
(8) License. – A license issued in accordance with this Chapter. 7
(9) Licensee. – A person who has been issued a license in accordance with this 8
Chapter. 9
(10) Manufacture. – To compound, blend, extract, infuse, cook, or otherwise 10
manipulate kratom to make, prepare, or package kratom products. 11
(11) Manufacturer. – Any person or entity that engages in the process of 12
manufacturing, preparing, or packaging of kratom products. 13
(12) Producer. – Any person or entity that engages in the process of farming and 14
harvesting kratom that is intended to be used in the manufacture of a kratom 15
product. 16
(13) Retail dealer. – Any person who sells a kratom product to the ultimate 17
consumer of the product, including a remote seller. 18
(14) Serving. – A quantity of a kratom product reasonably suitable for a person's 19
use in a single day. 20
(15) Synthesized kratom product. – An alkaloid, metabolite, or alkaloid derivative 21
that has been created by chemical synthesis or biosynthetic means, including, 22
but not limited to, fermentation, recombinant techniques, yeast derived, 23
enzymatic techniques, rather than traditional food preparation techniques, 24
such as heating or extracting, that synthetically alters the composition of any 25
kratom alkaloid or constituent. 26
"§ 18E-101. Sales restrictions on kratom products. 27
(a) Restriction. – No person shall do any of the following: 28
(1) Knowingly, or having reason to know, sell a kratom product to a person who 29
is under 21 years of age. Any retail dealer of kratom products shall demand 30
proof of age from a prospective purchaser of kratom products before the 31
kratom products are released to the purchaser if the retail dealer has reasonable 32
grounds to believe that the prospective purchaser is under 30 years of age. 33
Any retail dealer that sells a kratom product on an internet website shall verify 34
the age of any prospective purchaser or shall use a method of delivery that 35
requires the signature of a person at least 21 years of age before the kratom 36
product is released. 37
(2) Knowingly, or having reason to know, distribute samples of kratom products 38
in or on a public street, sidewalk, park, or public building. 39
(3) Engage in the business of selling a kratom product without a valid license 40
issued in accordance with this Chapter. 41
(4) Knowingly, or having reason to know, sell at retail a kratom product that 42
violates the provisions of G.S. 18E-104. 4