2025 Georgia Codes – Page 224

Amended 2024 NOT effective UNTIL 1/1/2025
[Note: 2024 legislation resulted in two consecutively effective versions of this section—this one, and the
one that precedes it. Please see the version that precedes this one for material that is effective UNTIL
1/1/2025.]
(a)(1) No person shall knowingly sell or transfer possession of any kratom, kratom product, or kratom
extract to another person under 21 years of age, nor shall any person under 21 years of age purchase or
possess any kratom, kratom product, or kratom extract.
(2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to the
sale or transfer of possession of kratom, kratom product, or kratom extract by a person when such
person has been furnished with proper identification showing that the individual to whom the kratom,
kratom product, or kratom extract is sold or transferred is 21 years of age or older.
(B) In any case when a reasonable or prudent person could reasonably be in doubt as to whether or not
the individual to whom kratom, kratom product, or kratom extract is to be sold or transferred is actu-
ally 21 years of age or older, it shall be the duty of such person to request to see and to be furnished
with proper identification. The failure to make such request and verification may be considered by the
trier of fact in determining whether such person did knowingly sell or transfer possession in violation of
paragraph (1) of this subsection.
(b) No person shall ingest kratom in a manner that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used
to produce vapor in a solution or other form, including, but not limited to, any electronic cigarette, elec-
tronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or
other container of kratom in a solution or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(c) No person shall sell, deliver, cause to be delivered, or assist in the delivery of any kratom in or to this
state that can be ingested in a manner that violates subsection (b) of this Code section.
(d) No person shall offer for sale kratom in this state unless such product is behind a counter in an area
only accessible to store employees or in a secured display which is only accessible with the intervention of
a store employee.
(e) Any person that commits an act in violation of this Code section shall be guilty of a misdemeanor;
provided, however, that, for a conviction of a first offense, such individual shall be punished by a fine not
to exceed $250.00; for a conviction of a second offense, such individual shall be punished by a fine of up
to $500.00; and for a conviction of a third offense and each subsequent offense, such individual shall be
punished by a fine of up to $1,000.00.
Chapter 14
Street Gang Terrorism and Prevention
Racketeer Influenced and Corrupt Organizations

Amended 2024
As used in this chapter, the term:
(1) “Civil forfeiture proceeding” shall have the same meaning as set forth in Code Section 9-16-2.
(2) “Criminal proceeding” means any criminal proceeding commenced by the Department of Law or the
office of any district attorney under any provision of this chapter.
(3) “Enterprise” means any person, sole proprietorship, partnership, corporation, business trust, union char-
tered under the laws of this state, or other legal entity; or any unchartered union, association, or group of
individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and
governmental as well as other entities.
(4) “Pattern of racketeering activity” means:
(A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes,
or transactions that have the same or similar intents, results, accomplices, victims, or methods of commis-
sion or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at
least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years,
excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or
(B) Engaging in any one or more acts of domestic terrorism as described in paragraph (2) of Code Section