HB 2850 — Creates new provisions relating to the sale of kratom products

Bill Text

• Introduced View text Current pdf

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This bill amends 1 section(s) of the Missouri Revised Statutes: Section 196.1170, RSMo.

• Section 196.1170, RSMo

  Consumer Protection Act". 2. As used in this section, the following terms mean: (1)aler", a person who sells, prepares, or maintains kratom or advertises, represents, or holds oneself out as selling, preparing, or maintaining kratom. Such person may include, but not be limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company; (2) "Kratom", any good placed in the marketplace containing any part of the leaf of the plant Mitragyna speciosa. The general assembly hereby occupies and preempts the entire field of regulating kratom to the complete exclusion of any order, ordinance, or regulation of any political subdivision of this state. Any political subdivision's existing or future orders, ordinances, or regulations relating to kratom are hereby void. 4. A dealer who prepares, distributes, sells, or exposes for sale kratom including, but not limited to, kratom intended for human consumption, shall disclose the factual basis upon which that representation is made. bold-face 5. A dealer shall not prepare, distribute, sell, or expose for sale any of the following: (1)om that is adulterated with a dangerous nonkratom substance. Kratom shall be considered to be adulterated with a dangerous nonkratom substance if the kratom is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom to such a degree as to render the kratom injurious to a consumer; (Kratom that is contaminated with a dangerous nonkratom substance. Kratom shall be considered to be contaminated with a dangerous nonkratom substance if the kratom contains a poisonous or otherwise deleterious nonkratom ingredient including, but not limited to, any substance listed in section 195.017; (3) Kratom containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition contained therein; (4) Kratom containing any synthetic alkaloids, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the plant Mitragyna speciosa; or (5)atom that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained therein. 6. A dealer shall not distribute, sell, or expose for sale kratom to an individual under eighteen years of age. 7. (1) A dealer who violates subsection 4 of this section shall be guilty of an infraction. (2) A dealer who violates subsection 5 or 6 of this section shall be guilty of a class D misdemeanor. (3) A person aggrieved by a violation of subsection 4 or 5 of this section may, in addition to and distinct from any other remedy at law or in equity, bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation including, but not limited to, economic, noneconomic, and consequential damages. (4) A dealer does not violate subsection 4 or 5 of this section if a preponderance of the evidence shows that the dealer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor represented to be kratom.

  amended

Action History

1. May 15, 2026

   Referred: Emerging Issues(H)

2. January 08, 2026

   Read Second Time (H)

3. January 07, 2026

   Introduced and Read First Time (H)

Sponsors

• Anthony Ealy · Primary

Subjects