2026 Regular Session
SB 431
Prohibiting sale of certain Kratom products
In Committee
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill prohibits the sale, distribution, and advertising of Kratom products that resemble electronic cigarettes or vapor devices. It defines key terms like ‘Kratom’ and ‘vapor product’ and outlines penalties for violating the law, including fines and potential license suspension. The bill specifically allows for the sale of Kratom in forms not designed for inhalation, such as powder or tea.
Key provisions
- Defines ‘Kratom’ and ‘Kratom product’ for clarity.
- Prohibits packaging or design of Kratom products to resemble electronic cigarettes.
- Restricts advertising Kratom products using imagery associated with vaping.
- Establishes penalties for violations, including fines and license suspension.
- Allows for the seizure and destruction of non-compliant products.
- Specifies that powdered, encapsulated, and tea forms of Kratom are exempt.
- Sets an effective date of July 1, 2026.
Who is affected
- Retailers selling Kratom products
- Distributors of Kratom products
- Manufacturers of Kratom products
- Consumers purchasing Kratom products
- The Alcohol Beverage Control Administration and local law enforcement
Notable changes
- Creates a specific prohibition against Kratom products designed to mimic vaping devices.
- Adds penalties for violations beyond a simple fine.
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