HF3453

Purpose

The bill aims to regulate kratom by establishing an age-based prohibition tied to sale and possession. Specifically, it sets 21 years as the legal age related to kratom and its active compounds (mitragynine and 7-hydroxymitragynine), with penalties for selling to or possessing kratom by people under that age. The changes are intended to improve public safety regarding this substance.

Main Provisions

• Alters the criminal penalties for kratom to apply to individuals under 21.
• Prohibits unlawfully selling kratom or any product containing mitragynine or 7-hydroxymitragynine to a person under 21. Doing so would be a gross misdemeanor.
• Prohibits a person under 21 from unlawfully possessing any amount of kratom or a product containing mitragynine or 7-hydroxymitragynine. Possessing a kratom product under 21 would be a misdemeanor.
• Applies specifically to kratom and to substances that contain the active compounds mitragynine and 7-hydroxymitragynine, as defined in the statute.

Significant Changes to Existing Law

• Increases the minimum age for kratom-related sale and possession protections from under 18 to under 21.
• Introduces criminal penalties for selling kratom to someone under 21 (gross misdemeanor) and for possessing kratom by someone under 21 (misdemeanor).
• Clarifies that the relevant substances include kratom and products containing mitragynine or 7-hydroxymitragynine.

Implementation Notes

• Retailers would need to verify age to prevent sales to individuals under 21.
• Enforcement would treat under-21 possession and under-21 sale as specified penalties.

Relevant Terms kratom mitragynine 7-hydroxymitragyrynine (7-hydroxymitragynine) sale possession gross misdemeanor misdemeanor Minnesota Statutes 2024 section 152.027 subdivision 7 under 21 public safety