Kratom Regulation Updates To Watch in 2024
- Posted on: 2024-01-02
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Here are the states to watch for legislative action on kratom in 2024.
Alabama. Kratom was added as a Schedule I controlled substance in 2016. The American Kratom Association is working with lobbyists to replace the ban with a KCPA bill. This may seem far-fetched, but a similar process occurred in Georgia when their ban was replaced with a regulatory bill. We may see movement this year.
Colorado. Colorado’s KCPA bill will go into effect July 1, 2024. Here is what it entails: Knowingly preparing, advertising, selling, distributing, or offering the sale of kratom that is contaminated with fentanyl of another controlled substance will be prohibited. Selling a kratom product without a label indicating the manufacturer and full list of ingredients will be prohibited. Selling, offering, and distributing, to a person under 21 years old will be prohibited. Displaying/storing kratom in a location under which the product could be accessed by those under 21 years old will be prohibited. Under this rule, you may receive a civil infraction for providing kratom to someone under 21 years old, or for not requesting a government ID to prove the consumer is over 21 years of age. The fine of these acts will be $200.
Connecticut. Kratom is currently legal in Connecticut. A ban has been proposed to prohibit sales to those under the age of 21.
Georgia. Modifications to Georgia’s KCPA are expected in 2024. The current KCPA bill requires consumers to be 18 years old, requires vendors to list all ingredients and the manufacturer, and imposes fines up to $1,000 or a year in jail for violations.
Illinois. Kratom is currently legal in Illinois. A KCPA bill is under consideration. The bill would establish safety requirements for the preparation, distribution, sale, and exposure of kratom. The bill will also prohibit the creation and sale of adulterated kratom. Violations are subject to a $5,000 fine for the first offense and a $10,000 fine for the second offense. Consumers must also be at least 18 years old.
Indiana. Kratom has been identified as a synthetic drug and falls into the legislation for synthetic controlled substances. A KCPA was passed by the House in 2023, but deferred by the Senate. Movement is expected in 2024.
Kansas. Kratom is currently legal, a pending KCPA bill has been deferred to 2024. The bill was introduced in January of 2023. If passed, the bill would define kratom as a food product, prohibit the sale of adulterated kratom, require consumers to be at least 18 years old, and enable civil fines for violations.
Massachusetts. Kratom is currently legal in Massachusetts. There is a pending KCPA bill which seeks to penalize any sale, preparation, manufacturing, or distribution of adulterated kratom products.
Michigan. Kratom is currently legal in Michigan. There is a KCPA bill pending. The bill will regulate distribution, sale, and manufacturing of kratom products.
Minnesota. Kratom is currently legal in Minnesota. A KCPA bill was introduced in early 2023, no further action has been taken in 2023, but action is expected in 2024.
New Jersey. Kratom is currently legal in New Jersey. The New Jersey KCPA is a bipartisan bill that was introduced in early 2023. It has been referred to the Senate Commerce Committee for further consideration.
New York. Kratom is currently legal in New York. The New York KCPA is pending legislation. It’s been referred to the Senate Agriculture Committee for consideration.
Ohio. Currently, kratom is legal in Ohio. A KCPA bill cited as the “Federal Kratom Consumer Protection Act” was introduced in the House of Representatives in October of 2023. It is currently pending legislation, with movement expected in 2024.
Pennsylvania. Currently, kratom is legal in Pennsylvania. A KCPA bill was introduced in 2023, which has been referred to the Senate Health and Human Services Committee for consideration. More action can be expected in 2024. The proposed act will prohibit the sale of products to children and provide a regulatory framework to protect consumers.
Wisconsin. AB 393 was introduced in mid-September. As of mid-December 2023, corrections have been made to the bill. A vote is expected in 2024. Currently, kratom is classified as a Schedule I controlled substance in Wisconsin. The new bill follows the same KCPA legislation adopted by other states. Consumers must be at least 21 years old, kratom products may not be adulterated, processors must obtain a food processing plant license from Wisconsin’s Department of Agriculture, and kratom products must be registered before distribution. For in-person sales, kratom products must be stored so that only store employees can access the products. Fines and citations may be imposed for violations of any of the above.