Is Kratom Legal in New Jersey?

Kratom is currently legal in New Jersey but not regulated. That means the kratom sold there is not subjected to quality standards, labeling rules, and can be sold to all ages.

In 2015, 2018, and 2020, bills were introduced by the state legislature to ban kratom in New Jersey. Both bills ultimately failed.

In 2022 and 2023, Kratom Consumer Protection Acts that would regulate kratom were introduced, but also ultimately died in committee.

In 2024, the Kratom Consumer Protection Act has been introduced once again.

The New Jersey Kratom Consumer Protection Act, represented by Senate Bill S1476, aims to regulate the distribution and sale of kratom products in the state. Kratom, derived from the Mitragyna speciosa plant native to Southeast Asia, contains the alkaloid mitragynine with stimulant and opioid-like properties. This legislation establishes guidelines to ensure the safe consumption of kratom, protect consumers, and provide regulatory measures for retailers.

Key Provisions:

1. Testing Standards and Labeling:

   • The Department of Health is mandated to adopt rules for the administration and enforcement of the act.
   • Standards for testing kratom products to ensure safety for human consumption are outlined.
   • Accurate labeling is emphasized, including recommended serving sizes, to ensure safe and effective use.

2. Product Registration and Fees:

   • The department may set a fee for registering a kratom product, payable by producers, manufacturers, or distributors.
   • Registrants must sign an affidavit certifying compliance with the regulations, with penalties for non-compliance.
   • The department is authorized to establish penalties for selling unregistered kratom products.

3. Commissioner's Study:

   • The Commissioner of the Department of Health is tasked with conducting a comprehensive study on kratom.
   • The study will assess potential health risks, benefits, and effects of kratom, with findings and recommendations to be published within one year of the act's effective date.

4. Retailer Regulations:

   • Kratom retailers are required to disclose on the label that the product is a kratom product, with the information regulated by the Department of Health.
   • Retailers are prohibited from selling kratom products to individuals under 21 years of age, with penalties for non-compliance.
   • Strict regulations on the preparation, distribution, and sale of kratom products are established to ensure product safety and compliance.

5. Penalties and Enforcement:

   • Penalties for violations include fines and potential imprisonment.
   • Retailers found in violation of regulations face escalating penalties for subsequent offenses, with the possibility of a temporary ban on selling kratom products.

6. Legal Safeguards for Retailers:

   • Retailers have the right to request a hearing to challenge penalties.
   • Retailers relying in good faith on representations from manufacturers, processors, packers, or distributors are not subject to penalties or imprisonment.