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S2457ADrugs

Food and Drugs - The Rhode Island Kratom Act

This bill bans kratom sales to anyone under 21, requires ID checks, and mandates locked store displays.

Introduced37 Yea1 Nay0 Not voting
Population
Affected
25
Email Legislator
Introduced Feb 6, 2026Committee Senate Health & Human Services

Plain-English Summary

This bill sets new rules for selling kratom products in Rhode Island. It makes it illegal to sell, give, or advertise kratom to anyone under the age of 21. Stores that sell kratom must keep the products behind the counter in a locked case that only employees can open. Additionally, anyone buying kratom must show a valid government-issued photo ID, such as a driver's license, state ID, or passport, to prove they are at least 21 years old.

For younger readers

This bill makes rules about a plant called kratom. It says that stores cannot sell or give kratom to anyone who is younger than 21 years old. If someone wants to buy it, they have to show a special card with their picture and birthday on it, like a driver's license, to prove they are old enough. Also, stores have to keep kratom locked up behind the counter so that only the workers can reach it.

Who & Where It Applies

Impacted groups
Kratom consumersAdults aged 18-20Convenience store ownersRetail employeesKratom product distributors
Impacted communities
All

Constitutional & Fiscal Check

The restriction on advertising kratom to persons under 21 could face minor First Amendment scrutiny regarding commercial speech. However, because it targets sales to minors (which the state has a compelling interest in regulating), it would likely survive a Central Hudson test. Aside from this, there are no major constitutional risks regarding due process or unreasonable searches.

Estimated cost
Retailers: Cost of purchasing and installing locked cases (Amount unknown). General Taxpayers: None.
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects public health and community welfare by strictly limiting youth access to an unregulated, potentially addictive substance.
  • Accepts driver privilege cards as valid identification, ensuring undocumented immigrants and marginalized groups are not unfairly excluded from participating in legal commerce.
  • Places the burden of responsibility on retail businesses to securely store the products, rather than heavily policing individual consumers.
  • Restricting access to adults ages 18 to 20 limits their bodily autonomy and ability to use kratom for alternative pain management or harm reduction.
  • Mandating locked cases behind counters creates an unnecessary stigma around kratom use, treating it similarly to highly dangerous controlled substances.
  • Strict age verification and advertising bans could lead to increased policing and potential regulatory fines for small, minority-owned convenience stores.
For Conservatives
  • Protects traditional family values by keeping a potentially mind-altering substance out of the hands of teenagers and young adults under 21.
  • Implements strict government-issued photo ID requirements for purchases, reinforcing the importance of legal identification and verification.
  • Establishes clear rules for retailers to keep products locked up, deterring shoplifting, theft, and unauthorized access.
  • Infringes on free market principles by dictating exactly how private businesses must display, advertise, and store their merchandise.
  • Restricts the personal freedom of legal adults aged 18 to 20, denying them the right to purchase a legal plant-based product.
  • Imposes burdensome regulations and physical costs on small businesses, which now have to purchase and install locked display cases.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 4 additions

SECTION 1. Section 21-28.12-4 of the General Laws in Chapter 21-28.12 entitled "The Rhode Island Kratom Act [Effective April 1, 2026.]" is hereby amended to read as follows: 21-28.12-4. Age limits and sales restrictions. [Effective April 1, 2026.]

(a) No person or entity shall distribute, sell, transfer, or advertise a kratom product to a person under twenty-one (21) years.

(b) All kratom products shall be kept behind the sales counter and within a locked case, which case would only accessible to store employees until the kratom product is sold.

(c) The sale or distribution of kratom or kratom products to individuals under the age of twenty-one (21) is prohibited.

(d) Valid photo identification for proof of age is required for all kratom and kratom product purchases. Acceptable forms of government-issued identification shall include a recent photo of the individual to whom the identification has been issued showing the date of birth of the individual to verify the individual is age twenty-one (21) years or over. Acceptable forms of government- issued identification are: a valid motor vehicle operator’s license issued by the state of Rhode Island or another state; a valid driver privilege card issued by the state of Rhode Island or another state; a valid Rhode Island identification card issued by the administrator of the division of motor vehicles; a valid armed services identification card; or a valid passport.

SECTION 2. This act shall take effect on July 1, 2027.