104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3160
 
Introduced 2/2/2026, by Sen. Cristina Castro
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Kratom Prohibition Act. Prohibits the purchase, possession, sale, or distribution of any product containing kratom. Authorizes certified local health departments that adopt an ordinance to enforce the Act and impose fines. Provides that violations are Class B misdemeanors with a minimum fine of $500 for selling or furnishing kratom. Defines terms. Repeals the Kratom Control Act.


LRB104 19683 BDA 33132 b

 
 
A BILL FOR
 
SB3160LRB104 19683 BDA 33132 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Kratom 
5Prohibition Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Kratom" means any parts of the plant Mitragyna speciosa, 
8whether growing or not, and any compound, manufacture, salt, 
9derivative, semi-synthesized kratom alkaloids or kratom 
10constituents, synthesized kratom alkaloids or kratom 
11constituents, extract, mixture, or preparation of that plant, 
12including, but not limited to, mitragynine and 
137-hydroxymitragynine.
14    "Ordinance health department" means a certified local 
15health department whose governing body has adopted an 
16ordinance electing to administer and enforce this Act.
17    "Semi-synthesized kratom alkaloids or kratom constituents" 
18means a kratom extract that has been further exposed to 
19chemicals, processes, or a combination of chemicals and 
20processes that would confer a structural change in the 
21alkaloids contained within the extract, such as with 
22oxidation, reduction, ring opening, or ring closing, resulting 
23in material that has been chemically altered.
 
 
SB3160- 2 -LRB104 19683 BDA 33132 b

1    "Synthesized kratom alkaloids or kratom constituents" 
2means an alkaloid or alkaloid derivative that has been created 
3by chemical synthesis or biosynthetic means, including, but 
4not limited to, fermentation, recombinant techniques, yeast 
5derived, or enzymatic techniques, rather than traditional food 
6preparation techniques, such as heating or extracting.
 
7    Section 10. Kratom sale or possession prohibited.
8    (a) No person, of any age, shall knowingly purchase or 
9possess any product containing any quantity of Kratom.
10    (b) No person shall knowingly sell, buy for, distribute 
11samples of, or furnish any product containing any quantity of 
12Kratom to any person.
 
13    Section 15. Local enforcement. An ordinance adopted by a 
14governing body of an ordinance health department may include 
15fines for violations of this Act. An ordinance health 
16department may assess fines and forward evidence of violations 
17of this Act to the municipal attorney or State's Attorney for 
18prosecution. An ordinance health department may collect and 
19retain revenue from fines collected under the ordinance. An 
20ordinance health department shall be limited to conducting 
21regulatory inspections under this Act of anyone selling 
22prohibited kratom at permitted food establishments subject to 
23inspection by the ordinance health department.
 
 
 
SB3160- 3 -LRB104 19683 BDA 33132 b

1    Section 20. Sentence. Violation of subsection (a) of 
2Section 10 of this Act is a Class B misdemeanor. Violation of 
3subsection (b) of Section 10 of this Act is a Class B 
4misdemeanor for which the offender shall be fined an amount of 
5not less than $500.
 
6    Section 25. Repeal. The Kratom Control Act is repealed.