SF3704

Kratom possession legal age establishment as 21 years of age or older
Legislative Session 94 (2025-2026)

Related bill: HF3453

AI Generated Summary

Purpose

The bill aims to regulate kratom use and sales in Minnesota by setting a clear minimum age for possessing kratom and by establishing penalties related to selling kratom to minors and minor possession.

Main Provisions

  • amends Minnesota Statutes 2024 section 152.027 subdivision 7 to address kratom, including products containing the active compounds mitragynine and 7-hydroxymitragynine.
  • Sale provision: It is unlawful to sell any amount of kratom or a product containing mitragynine or 7-hydroxymitragynine to a person under 21 years old, and doing so would be a gross misdemeanor.
  • Possession provision: A person under 21 years old who unlawfully possesses any amount of kratom or a product containing mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.
  • These provisions establish 21 as the legal minimum age to possess kratom in Minnesota.

Significant Changes to Existing Law

  • Establishes 21 as the minimum age to possess kratom (previous practice not specified in the text, but the bill sets this age threshold).
  • Introduces criminal penalties tied to age: selling kratom to someone under 21 is a gross misdemeanor; possession by someone under 21 is a misdemeanor.
  • Specifically covers kratom and products containing the active compounds mitragynine and 7-hydroxymitragynine within the cited statute.

What This Means for People and Businesses

  • Retailers may not sell kratom to anyone under 21 and could face a gross misdemeanor if they do.
  • Individuals under 21 who possess kratom or products with the active compounds face a misdemeanor.
  • The law targets both the sale to and possession by minors, focusing on the availability of kratom to those under 21.

Relevant Terms - kratom - mitragynine - 7-hydroxymitragynine - Minnesota Statutes 2024 - section 152.027 subdivision 7 - sale - possession - gross misdemeanor - misdemeanor - under 21 - unlawful

Bill text versions

Past committee meetings

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2026SenateActionIntroduction and first reading
February 19, 2026SenateActionReferred toJudiciary and Public Safety
February 23, 2026SenateActionAuthor added
March 23, 2026SenateActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Raises the age for purchasing kratom to 21 and applies the same age threshold to possession.",
        "Sales to individuals under 21 become a gross misdemeanor.",
        "Possession by individuals under 21 becomes a misdemeanor."
      ],
      "removed": [
        "The previous 18-year-old age threshold for both sale and possession is removed and replaced with a 21-year-old threshold."
      ],
      "summary": "This bill amends Minnesota Statutes 2024 section 152.027, subdivision 7, to raise the age to possess or purchase kratom from 18 to 21 and to modify penalties accordingly.",
      "modified": [
        "Subsection 7 is amended to reflect the new age threshold (21) and corresponding penalties for kratom-related offenses."
      ]
    },
    "citation": "152.027",
    "subdivision": "7"
  }
]

Progress through the legislative process

17%
In Committee
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