Bill > AB393

Introduced Session

This bill defines kratom products as products intended for human or animal consumption, including food, drink, chewing gum, and food supplements, made from any part of a leaf of the Mitragyna speciosa plant, and legalizes the manufacture, distribution, delivery, and possession of kratom. Under current law, kratom is classified as a Schedule I controlled substance and if a person manufactures, distributes, or delivers kratom, he or she is guilty of a Class H felony, and if a person possesses kratom he or she is guilty of a misdemeanor. The bill removes kratom from the schedule of controlled substances and legalizes the manufacture, distribution, delivery, and possession of kratom, subject to certain limitations. Under the bill, a person who prepares or processes a kratom product (a processor) may not distribute the product if it 1) is mixed or packed with another substance that affects the kratom product's quality or strength to such a degree that it may cause injury; 2) contains a poisonous ingredient, controlled substance, or controlled substance analog; 3) contains a level of 7-hydroxymitragynine that is greater than 1 percent; 4) contains any synthetic alkaloid; or 5) does not include a label that states the amount of mitragynine and 7-hydroxymitragynine contained in the product. The bill also prohibits the sale of a kratom product to any person under the age of 21. A person who violates either of these provisions is guilty of a Class C misdemeanor. The bill also requires a processor to obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection, and to register a kratom product before distributing it. In addition, the bill requires a person selling or distributing a kratom product via in-person sales to keep the kratom product in a manner in which only store employees can access the kratom product before sale, and for online sales to verify the identity, age, and location of the buyer. A processor who prepares, processes, sells, offers for sale, or distributes a kratom product that is not registered with DATCP or without a food processing license is subject to a monetary penalty, to be determined by DATCP by rule, as is a person who sells or distributes the kratom product in violation of the bill's in-person and online sales requirements. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

Committee Categories

Robert Brooks (R)*,  John Macco (R)*,  Dave Murphy (R)*,  Rachael Cabral-Guevara (R),  Mary Felzkowski (R), 

Failed to pass pursuant to Senate Joint Resolution 1 (on 04/15/2024)

Official Document