HB2657: Providing for the regulation and sale of kratom products; imposing a tax on natural kratom…

PRINTER'S NO. 3668 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 2657 Session of 2026 INTRODUCED BY KOSIEROWSKI, PROKOPIAK, DONAHUE, FRANKEL, BRENNAN, CONKLIN, MALAGARI, DOUGHERTY, BOROWSKI, OTTEN, SANCHEZ, STEELE, SAPPEY, CEPEDA-FREYTIZ, INGLIS, NEILSON, CURRY, MUNROE, CIRESI, PUGH, PROBST, KRUPA, MADDEN, T. DAVIS, KHAN, McNEILL, BOYD, STEHR, MERSKI AND O'MARA, JUNE 22, 2026 REFERRED TO COMMITTEE ON HEALTH, JUNE 22, 2026 AN ACT Providing for the regulation and sale of kratom products; imposing a tobacco products tax on natural kratom products; imposing duties on the Department of Health; and imposing penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Regulation and Oversight of Kratom Act. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Dealer." A wholesaler or retailer. "Department." The Department of Health of the Commonwealth. "Kratom." The plant Mitragyna speciosa and any part of the plant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 "Manufacturer." A person that produces natural kratom products. "Natural form." Dried, cut and sifted kratom leaf or raw kratom leaf powder. "Natural kratom product." An intermediate or finished product containing kratom in natural form that is not mixed with a nonkratom product. "Processor." A person registered in this Commonwealth to: (1) Manufacture or perform any other necessary activity to make kratom into a natural kratom product. (2) Sell, provide or distribute a natural kratom product to a retailer. "Retailer." A person registered in this Commonwealth to sell, provide or distribute a natural kratom product to a consumer. "Synthetic kratom product." An intermediate or finished product that meets any of the following: (1) has a level of 7-hydroxymitragynine in the alkaloid fraction exceeding 0.5% of the total alkaloid composition of a kratom product; (2) has a level of mitragynine pseudoindoxyl of more than 10 parts per million; (3) contains a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compound of kratom; or (4) is a product that contains kratom and is not a natural kratom product. "Transaction scan device." A device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip, chip or barcode of an identification card. 20260HB2657PN3668 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "Wholesaler." A person engaged in the business of selling natural kratom products that receives, stores, sells, exchanges or distributes natural kratom products to retailers or other wholesalers in this Commonwealth or retailers that purchase from a manufacturer or from another wholesaler that has not paid the tax imposed by this act. Section 3. Prohibited acts relating to synthetic kratom products. (a) Prohibition.--The manufacture, delivery, sale or possession with intent to manufacture, deliver or sell a synthetic kratom product is prohibited. (b) Exception.--Subsection (a) shall not apply to: (1) A person registered under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (2) A practitioner registered or licensed by the appropriate State board to prescribe or dispense a synthetic kratom product. Section 4. Regulation of kratom products. (a) Registration of processors and retailers.-- (1) Prior to performing an action of a processor or retailer, a person shall register with the department. A processor and retailer shall renew its registration annually. (2) The department shall: (i) Establish a procedure for a person to register and requirements for approval. (ii) Establish a registration and renewal fee, neither of which may exceed $100. (3) All fees collected by the department shall be paid to the department and used to enforce this act. 20260HB2657PN3668 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (b) Prohibition.-- (1) A processor or retailer may not sell, provide or distribute a natural kratom product to an individual under 21 years of age. A retailer shall utilize a transaction scan device to confirm the age of an individual involved in a transaction involving a natural kratom product. (2) A retailer may not sell or share data from the use of a transaction scan device. (3) The retailer may use the data to show the department or law enforcement that the retailer is in compliance with this act. (c) Labeling.--A retailer may only sell a natural kratom product that bears a label that includes the following: (1) The name and address of the processor responsible for manufacturing the natural kratom product. (2) A disclosure that reads: These products have not been evaluated by the United States Food and Drug Administration. (3) A verification that the natural kratom product is in its natural form. (4) A warning to keep out of reach of minors. (5) Any other public health warning the department may require as a condition of registration. (d) Packaging.--A natural kratom product shall be labeled and placed in a resealable, child-resistant package prior to sale by a retailer. (e) Prohibitions.--A processor or retailer may not advertise, brand, market, package, label or manufacture a natural kratom product in a way that: (1) Appeals to children or individuals under 21 years of 20260HB2657PN3668 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 age. (2) Makes medical claims or promotes use of a natural kratom product for a medical purpose. (3) Shares a likeness to commercially sold food, candy or beverages. Section 5. Penalties. (a) Violations of section 3.--A person or retailer that knowingly or intentionally violates section 3 commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine not exceeding $15,000 or to imprisonment not exceeding five years, or both. (b) Violations of section 4.--A person that knowingly or intentionally violates section 4 shall be subject to a civil penalty not to exceed $10,000 for each offense. Each day a person violates section 4 shall constitute a separate offense. The following shall apply: (1) The Attorney General, a State or local law enforcement agency or a local government unit may investigate a violation or suspected violation of section 4 and engage in enforcement measures, including entering into an intergovernmental agreement. (2) Upon the conduct of a third or subsequent violation of section 4, a local government unit may suspend, revoke or deny a license, permit or other authorization to conduct business, issued by the local government unit and held by the person or for which the person has applied. (3) A violation of section 4 is an unfair or deceptive act or practice under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law. Remedies, penalties and authority granted to 20260HB2657PN3668 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the Attorney General under the Unfair Trade Practices and Consumer Protection Law shall be available for the enforcement of this act. (4) In addition to the authority granted to the Attorney General under this subsection, a consumer injured by a violation of section 4 may bring an action to enjoin a processor or retailer from offering for sale, selling, providing, processing or distributing kratom or natural kratom products and to recover actual damages sustained. The court shall award attorney fees and costs to the prevailing party. Section 6. Tobacco products tax. The tobacco products tax under section 1202-A(a) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, is imposed on a dealer or manufacturer at the time the natural kratom product is first sold to a retailer in this Commonwealth as provided under Article XII-A of the Tax Reform Code of 1971. Section 7. Effective date. This act shall take effect as follows: (1) Sections 4 and 5(b) shall take effect in 90 days. (2) The remainder of this act shall take effect immediately. 20260HB2657PN3668 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23