O.C.G.A.

O.C.G.A. § 16-13-120 (2019)

(Effective January 1, 2025.) Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term:

(1) “Adulterated” has the same meaning as in Code Section

(2) “Kratom” means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine.

(3) “Kratom extract” means a kratom product that has been modified, processed, or otherwise manufactured with a food-grade solvent.

(4) “Kratom product” means a product containing any part of the leaf of the plant mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form.

(5) “Processor” means a person or entity that prepares, manufactures, distributes, or maintains kratom products or that advertises, represents, or holds itself out as preparing, manufacturing, distributing, or maintaining kratom products.

(6) “Retailer” means a person or entity that sells or holds itself out as selling kratom products at retail to the general public; provided, however, that such person or entity shall also be included within the definition of “processor” as set forth in this Code section to the extent that he or she engages in the business of a processor. Such term shall not include a store employee at a retailer’s place of business.

History

Code 1981, § 16-13-120, enacted by Ga. L. 2019, p. 273, § 1/HB 551; Ga. L. 2024, p. 544, § 1/HB 181, effective January 1, 2025.

Delayed effective date. Code Section 16-13-120 is set out twice in this Code. This version is effective January 1, 2025. For version effective

until January 1, 2025, see the preceding version. Amendments. The 2024 amendment, effective January 1, 2025, rewrote this Code section, which read: “As used in this article, the term ‘kratom’ means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and

contains the alkaloid mitragynin.” See Editor’s notes for applicability.

Annotations

Editor’s notes. Ga. L. 2024, p. 544, § 4/HB 181, not codified by the General Assembly, makes the amendment of this Code section applicable to offenses committed on or after January 1, 2025.