summary
Introduced
01/24/2025
01/24/2025
In Committee
04/11/2025
04/11/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Kratom Consumer Protection Act. Provides that no person shall sell, offer for sale, provide, or distribute kratom leaf or a kratom product to a person under 21 years of age, with requirements for online age verification. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that contains certain chemical compositions. Provides that an individual, business, or other entity shall not produce, sell, or distribute a kratom product that is attractive to children. Provides that no person shall sell, offer for sale, provide, or distribute a kratom product that is adulterated with a dangerous non-kratom substance. Provides that no person shall offer for sale any kratom product that contains synthesized or semi-synthesized kratom alkaloids or kratom constituents. Requires federal compliance for kratom products and processors. Imposes a tax of 5% on the retail sale of kratom products. Requires quarterly returns for the tax. Provides that a person who knowingly files a false or incomplete return is guilty of a Class A misdemeanor. Provides for rulemaking and other powers for the Department of Revenue. Incorporates certain provisions of the Retailers' Occupation Tax Act and the Uniform Penalty and Interest Act. Provides that any person who sells a kratom product in violation of this Act shall be subject to a civil penalty up to $5,000 for the first violation, and up to $10,000 for a second violation. Provides that, for a third violation and each subsequent violation, the person shall be fined a minimum of $10,000, up to a maximum of $20,000, and shall be prohibited from selling kratom products in this State for 3 years. Defines terms. Limits home rule powers. Repeals the Kratom Control Act.
AI Summary
This bill establishes the Kratom Consumer Protection Act, which creates comprehensive regulations for kratom products in Illinois. The bill prohibits selling kratom to individuals under 21 years old, requires online retailers to implement age verification, and mandates that kratom products cannot contain more than 2% of 7-hydroxymitragynine in their alkaloid composition. It also prevents the sale of kratom products that are attractive to children, such as those shaped like cartoons or resembling candy, and bans products adulterated with dangerous non-kratom substances or synthesized kratom alkaloids. Manufacturers must comply with federal good manufacturing practices and be registered with the FDA. The bill imposes a 5% tax on retail kratom sales, requiring quarterly tax returns, and establishes strict penalties for violations, including civil fines ranging from $5,000 to $20,000 and potential prohibition from selling kratom in the state. Notably, the law limits home rule powers, meaning local jurisdictions cannot create their own kratom regulations, and it repeals the previous Kratom Control Act, centralizing kratom oversight at the state level.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Rule 3-9(a) / Re-referred to Assignments (on 04/11/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1183&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
BillText | https://www.ilga.gov/legislation/104/SB/10400SB1183.htm |
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