New York Senate Passes Bill to Ban Kratom Sales to Those Under 21, Measure Sent to Assembly

New York lawmakers have advanced legislation that would prohibit the sale of kratom to anyone under the age of 21, with the proposal now awaiting consideration in the Assembly after clearing the full Senate. Senate Bill 8814 was filed January 8 by State Senator Patricia Fahy (D) and passed the Senate on January 21 before being delivered to the Assembly, where it has been referred to the Codes Committee. If approved by the full Assembly, the measure would be sent to the governor for consideration.

The bill amends the state’s public health law by creating a new section specifically regulating the sale and distribution of kratom products. Under the proposal, it would become illegal for any person or business to sell, give, or offer kratom to individuals younger than 21. Retailers would also be required to verify age using a valid government-issued photo identification for in-person sales and implement age verification procedures for online transactions.

Businesses selling kratom would be required to post clearly visible signage stating that sales to those under 21 are prohibited. The warning would need to appear both at physical points of sale and on any website or advertising materials where kratom products are offered.

The legislation also includes privacy provisions aimed at limiting the retention and sharing of personal information collected during ID checks. Information obtained through transaction scans could not be used for marketing or commercial purposes and would be restricted from being sold or shared, except under court order or as otherwise required by law.

Violations would carry a civil penalty of up to $500 per offense. Each unlawful sale could be treated as a separate violation, with enforcement authority granted to state and local health departments as well as law enforcement agencies.

The bill repeals portions of a previously enacted 2025 law related to kratom sales to minors and removes a requirement for a state study on the substance, replacing it with the new age-restriction framework.

If enacted, the law would take effect 180 days after being signed, giving retailers time to update policies, signage, and age verification procedures to comply with the new requirements.