§ 21-28.12-2. Definitions. [Effective April 1, 2026.]
As used in this chapter:
(1) "Contraband kratom productsâ€� means any kratom product that is prohibited by § 21-28.12-3.
(2) "Department� means the department of health.
(3) "Distributor� means any person:
(i) Whether located within or outside of this state, other than a retailer, who sells
or distributes kratom or kratom products within or into this state; and
(ii) Engaged in this state in the business of manufacturing kratom products or any person
engaged in the business of selling kratom or kratom products to dealers, or to other
persons, for the purpose of resale only; provided that, seventy-five percent (75%)
of all kratom and kratom products sold by that person in this state are sold to retailers
or other persons for resale and selling kratom and kratom products directly to at
least twenty (20) dealers or other persons for resale; or
(iii) Maintaining one or more regular places of business in this state for that purpose;
provided that, seventy-five percent (75%) of the sold kratom and kratom products are
purchased directly from the manufacturer and selling kratom and kratom products directly
to at least twenty (20) retailers or other persons for resale.
(4) "Importer� means any person who imports into the United States, either directly or
indirectly, kratom or a kratom product for sale or distribution.
(5) "Kratom� means any part of the leaf of the plant mitragyna speciosa.
(6) "Kratom extract� means a substance or compound obtained by extraction of the mitragyna
speciosa leaf, intended for ingestion, containing only naturally occurring constituents
of the kratom plant, Generally Recognized As Safe (GRAS) substances, approved constituent
articles, and does not contain any controlled substances.
(7) "Kratom product� means a product containing any part or extract of the leaf of the
plant mitragyna speciosa or an extract thereof including concentrated forms of kratom
and products composed of kratom and other ingredients.
(8) "Licensed� when used with reference to a manufacturer, importer, distributor, or retailer,
means only those persons who hold a valid and current license issued under § 21-28.12-6 for the type of business being engaged in. When the term "licensedâ€� is used before
a list of entities, such as "licensed manufacturer, importer, wholesale retailer,
or retailer� such term shall be deemed to apply to each entity in such list.
(9) "Manufacturer� means any person who manufactures, fabricates, assembles, processes,
or labels a kratom product.
(10) "Person� means any individual, including an employee or agent, firm, fiduciary, partnership,
corporation, trust, or association, however formed.
(11) "Place of business� means any location where kratom or kratom products are sold, stored,
or kept including, but not limited to: any storage room, attic, basement, garage or
other facility immediately adjacent to the location. It also includes any receptacle,
hide, vessel, vehicle, airplane, or train.
(12) "Retailer� means any person, whether located within or outside of this state, who
sells or distributes kratom or kratom products to a consumer in this state.
(13) "Sale� or "sell� means gifts, exchanges, and/or barter of kratom products. The act
of holding, storing, or keeping kratom products at a place of business or with a person
for any purpose shall be presumed to be holding the kratom products for sale. Furthermore,
any sale of kratom products by the servants, employees, or agents of the licensed
retailer at the place of business shall be presumed to be a sale by the licensee.
(14) "Synthesized material� means:
(i) An alkaloid or alkaloid derivative that has been created by chemical synthesis or
biosynthetic means (including, but not limited to, fermentation, recombinant techniques,
yeast derived, enzymatic techniques), rather than traditional food preparation techniques,
such as heating or extracting that synthetically alters the composition of any kratom
alkaloid or constituent; or
(ii) An alkaloid or alkaloid derivative contained in kratom that has been exposed to chemicals
or processes that would confer a structural change in the alkaloids, resulting in
material that has been chemically altered.