Rep Tarver introduces Illinois Kratom Consumer Protection Act to regulate sales

On March 13, 2025, Illinois House Bill 1303 was introduced to the Illinois General Assembly, aiming to establish the Kratom Consumer Protection Act. This legislation seeks to regulate the sale and distribution of kratom, a herbal product derived from the leaves of the Mitragyna speciosa tree, which has gained popularity for its purported pain-relieving and mood-enhancing effects.

The bill's primary provisions include prohibiting the sale of kratom products to individuals under 21 years of age, mandating online age verification, and banning products that contain certain chemical compositions deemed unsafe. Additionally, it restricts the marketing of kratom products to children and prohibits the sale of adulterated products or those containing synthesized kratom alkaloids. The legislation also imposes a 5% retail tax on kratom sales, with requirements for quarterly tax returns and penalties for false reporting.

Notably, the bill incorporates strict penalties for violations, including civil fines ranging from $5,000 for first offenses to $20,000 for subsequent violations, alongside a three-year prohibition on selling kratom products for repeat offenders. The Department of Revenue is tasked with rulemaking and enforcement, while the bill also repeals the existing Kratom Control Act.

The introduction of HB 1303 has sparked discussions among lawmakers and stakeholders, particularly regarding public health and safety concerns associated with kratom use. Proponents argue that the bill is essential for consumer protection and to prevent potential abuse, while opponents raise concerns about overregulation and the impact on small businesses that sell kratom products.

As the bill progresses through the legislative process, its implications could extend beyond consumer safety, potentially influencing the broader conversation around herbal supplements and their regulation in Illinois. The bill's slight partisan support, with a Republican majority, may shape its trajectory as it moves through committee discussions and potential amendments.

In summary, House Bill 1303 represents a significant step towards regulating the kratom market in Illinois, addressing both safety concerns and the need for responsible consumer access. The outcome of this legislation will likely have lasting effects on the state's approach to herbal product regulation and consumer protection.