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Bill > HB4737

IL HB4737

IL HB4737
KRATOM CONSUMER PROTECTION ACT

summary

Introduced
01/30/2026
In Committee
03/27/2026
Crossed Over
Passed
Dead
06/01/2026

Introduced Session

104th General Assembly

Bill Summary

Creates the Illinois Kratom Consumer Protection Act. Prohibits preparing, distributing, selling, or offering for sale kratom products intended for ingestion if they meet certain specifications, with a civil penalty of $5,000 for a first violation, $10,000 for a second or subsequent violation, and a 2-year ban on distributing or selling a kratom product for a third violation. Requires labeling of retail packages containing kratom products, preparing, distributing, selling, or offering for sale kratom products intended for ingestion if they meet certain specifications. Prohibits selling kratom products to a person under 21 years of age, with a Class B or Class A misdemeanor for a knowing and willful violation. Prohibits manufacturing, delivering, holding, offering for sale, distributing, or selling a product that contains kratom and a controlled substance, with a Class 4 felony for knowing and willful violation. Prohibits manufacturing, delivering, holding, offering for sale, distributing, or selling a product that contains a synthetically derived compound of the plant Mitragyna speciosa, with a Class B misdemeanor for knowing and willful violation. Provides an affirmative defense for a retailer for reliance upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a kratom product. Requires the Department of Revenue to adopt rules to implement and administer the Act. Limits home rule powers and functions. Defines terms. Repeals the Kratom Control Act. Effective January 1, 2027.

AI Summary

This bill, the Illinois Kratom Consumer Protection Act, establishes regulations for the sale and distribution of kratom, a plant (Mitragyna speciosa) and its extracts, intended for ingestion. It prohibits the sale of kratom products that exceed a certain concentration of 7-hydroxymitragynine, contain synthetic compounds, poisonous ingredients including controlled substances, are combustible or intended for vaporization, are attractive to children, or have unsafe levels of residual solvents. The Act mandates specific labeling requirements for retail packages, including warnings against use by individuals under 21, pregnant or breastfeeding women, a recommendation to consult a healthcare professional, a statement about potential habit-forming properties, and detailed usage and ingredient information. Penalties for violations include significant civil fines for improper preparation or distribution, with repeated offenses leading to a ban on selling kratom products. Selling kratom to individuals under 21 is a misdemeanor, and selling products containing kratom and controlled substances is a felony. The bill also provides an affirmative defense for retailers who rely in good faith on representations from manufacturers. The Department of Revenue is tasked with creating rules to implement the Act, which will also limit the home rule powers of local governments regarding kratom regulation and repeals the existing Kratom Control Act, with the new provisions taking effect on January 1, 2027.

Committee Categories

Government Affairs

Sponsors (2)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/27/2026)

Bill Topics

Banking, Finance, and Domestic Commerce
  • ‐ Consumer Safety and Consumer Fraud
Health
  • ‐ Drug Abuse, Treatment, and Education
  • ‐ Regulation of Drug Industry and Pharmacies
Law, Crime, and Family Issues
  • ‐ Illegal Drugs and Narcotics Control
(1 Companion Bills)

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