February 2022 Update on State Kratom Bills: Who’s Regulating? Who’s Banning?

*Information below Current as of February 8, 2022. Please see our Kratom Legality page, last updated 2/25/22

Here is a summary of recent and current actions being taken on kratom legislation on the state level. You can click on the bill number to be directed to the state’s webpage for that specific bill where you can find full text and other information. There are other bills from last year still sitting in various departments of various state legislatures, for which no action has been taken thus far in 2022. We will do our best to keep you updated.

Three states – Kentucky, Mississippi, and Washington – are being threatened with kratom prohibition bills. The rest of the bills on this list are regulatory. Most of the Kratom Consumer Protection Act (KCPA) bills have similar language and requirements, but rules vary from state to state. Please see our summary for variability, history, and observations.

The most interesting legislation is toward the bottom of the list. In the state of Washington there are two bills, one regulating kratom and the aforementioned ban bill, that currently sit in the same senate committee. Senator Jim Honeyford sponsored both bills. Apparently, the regulatory bill was written to replace the ban bill, but we’ll see what the committee decides. Wisconsin, one of the several states that prohibit kratom, has a bill in committee that would repeal the state’s ban and replace it with KCPA regulation. Should this bill pass, Wisconsin would be the first state to overturn a kratom ban.

If you live in any of these states and would like to contact your representatives, you can look them up by entering your address into this search tool https://myreps.datamade.us/. This tool will give you a list of ALL of your reps. Please remember that these are all STATE bills, therefore contact your STATE representative or senator, not federal, county, or municipal. You can also contact the bill’s sponsors and committee members. Please be polite – rudeness is the same as advocating for the opposing side.

Arizona HB2601 “Amending sections 36-795, 36-795.01, 36-795.02 and 36-795.o3, Arizona Revised Statutes; relating to kratom products”
Regulating

Introduced: 1/27/2022
Status: In Government Committee. Work session 2/7/2022, Hearing 2/9/2022
Summary: Arizona passed a Kratom Consumer Protection Act bill in 2019. HB2601 would amend this bill, throwing out the terminology of “Dealer” to define kratom vendors, and instead define vendors in terms of either PROCESSOR which “means a person that sells, prepares, manufactures, distributes, wholesales or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products”, or RETAILER which means a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products.”

Colorado SB22-120 “Regulation Of Kratom Processors”
Regulating

Introduced: 2/3/2022
Status: In Finance Committee
Summary: From the Colorado General Assembly:

Effective January 1, 2023, the bill requires that, prior to selling or offering for sale any kratom product, each kratom processor must register with the department of revenue (department) and disclose certain information regarding each of the kratom processor’s kratom products.

The bill also:
– Establishes the minimum requirements for kratom products;
– Prohibits the sale of kratom products to individuals under 18 years of age;
– Requires a kratom processor to notify the department within 7 days after being notified that an adverse effect report was made with the federal food and drug administration regarding any of the kratom processor’s kratom products; and
– Authorizes the department to investigate adverse effect reports to determine whether a kratom processor has violated any of the standards specified in the bill.

Florida SB1076 “Florida Kratom Consumer Protection Act”
Regulating

Introduced: 11/30/2021
Status: As of 1/19/2022 the bill is in the Appropriations Subcommittee on Agriculture, Environment, and General Government
Summary: The bill would prohibit processors from selling contaminated or adulterated kratom, extracts that contain levels of residual solvents above USP-NF standards, or kratom with 7-hydroxymitragynine that is in excess of 2% of alkaloids. It also requires directions for safe use and a serving size on the package, and restricts the sale of kratom to persons 21 years of age or older. Past Kratom Science Podcast guests Dr. Christopher McCurdy and Dr. Oliver Grundmann, both at University of Florida, penned a guest column in the February 5, 2022 Tampa Bay Times in support of the bill. They referred to SB1076 as a “much-needed step to put some regulations in place and increase the safety of products that consumers have available to them.” The two scientists also emphasized the impact of kratom policy on science: “With this legislation, the future of kratom research and education to the public and health care professionals will be strengthened.”

Flordia HB1071 “An act relating to kratom products”
Regulating

Introduced: 12/29/2021
Status: First Reading as of 1/11/2022
Summary: This bill is similar to the Florida senate bill above in its requirements on the sale of kratom products, but instead of using the blanket term “processor”, it also defines “manufacturer” and “retailer” and outlines regulations for each of them. It also requires manufacturers to follow GMP requirements under the Federal Food, Drug, and Cosmetics Act, which is not in SB1076.

Hawaii HB2356 and SB3307 “Kratom Consumer Protection Act”
Regulating

Note: These two bills from Hawaii’s House and Senate are identical – introduced and referred to the same committees on the same date
Introduced: 1/26/2022
Status: Referred to 3 committees on 1/28/2022: Judiciary and Hawaiian Affairs, Consumer Protection and Commerce, Health Human Services and Homelessness
Summary: Vendor as written in these bills is an all-encompassing term for anyone from importer to retailer. HB2356/SB3307 would ban the sale of adulterated and contaminated kratom and products with 7-HMG greater than 2%. Vendors would be prohibited from sales to those under 18. Label requirements include ingredients list, that the sale is prohibited to minors, amount of MTG and 7-HMG, vendor name and address, suggested use, and precautionary statements. Vendors are also subject to lab test by request.

Illinois SB3948 “Kratom Consumer Protection”
Regulating

Introduced: 1/21/2022
Status: In Assignments Committee
Summary: Sellers are referred to as “processor” and “retailer” in this bill that would prohibit adulterated or contaminated kratom, and kratom containing 7-HMG in above 2% of alkaloids. instructions for safe use and serving size are required on the label. Sales would be restricted to persons 18 years of age and above. The difference in Illinois are the fines set for violations. In other bills, violations are around $500-$1000. In Illinois, a first offense for a processor carries a $5,000 fine, and subsequent offenses carry a $10,000 fine.

Kansas HB2056 “regulating the sale and distribution of kratom products” “relating to the Kansas food, drug and cosmetic act”
Regulating

Introduced: 1/13/2021
Status: Passed Kansas House in May 2021. Now sits in Senate. Hearing held 1/26/2022.
Summary: This year old bill approved by the Kansas House and sitting in the state senate would regulate kratom under the Kansas food, drug and cosmetic act. Rules and regulations for sale of kratom are more strict and outlined in more detail than bills from other states. Vendors are defined as “Kratom dealer”. Dealers must submit a permit application to the state with fees. The secretary of agriculture inspects the premises of every licensed dealer. The bill would prohibit sales products with levels of 7-HMG over 2% of alkaloids, or to persons under the age of 18. Dealers would also have to adhere to other portions of the food, drug, and cosmetic act.

Kentucky HB142 “An Act Relating to Controlled Substances”
BANNING

Introduced: 12/10/2021
Status: In Health and Family Services Committee as of 2/2/2022
Summary: HB142 would add kratom to the list of controlled substances that are unlawful to sell or possess in the state of Kentucky. Persons caught selling kratom would face a Class D felony for the first offense and a Class C felony for subsequent offenses, which carries mandatory prison time. Persons caught possessing kratom would face a Class D felony charge that carries 3 years in prison maximum, but a first or second offense would carry a choice of deferred prosecution or probation unless defendant is ineligible.

Mississippi HB681 “Add Kratom to Schedule I of the Uniform Controlled Substances Act”
BANNING

Introduced: 1/17/2022
Status: Passed House, transmitted to Senate as of 2/4/2022
Summary: After two similar bills died in committee, HB681 which would make kratom illegal in Mississippi passed the House. It’s now in the state Senate. Years of propaganda from a well-funded campaign by law enforcement officials led to the formation of this bill. Several towns and counties in Mississippi have already enacted bans. The act specifically names mitragynine and 7-hydroxymitragynine on the controlled substances list.

Missouri HB1667 and SB774 “Kratom Consumer Protection Act”
Regulating

Note: Both bills are essentially the same
Introduced: 12/1/2021
Status: Passed through two House committees as of 2/1/2022
Summary: All vendors designated as “dealer”. Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to those under 18. Dealer penalties are slightly different from other bills depending on violation.

New Hampshire HB333 “relative to the sale and distribution of kratom products.“
Regulating

Introduced: 1/9/2021
Status: In Commerce and Consumer Affairs committee for interim study as of 1/5/2022
Summary: Similar to above regulation bills: Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to persons under 18. Safe use and dosage instructions required on label. This one designates vendors as either “processor” or “retailer”.

New York S3588 “Kratom Consumer Protection Act”
Regulating

Introduced: 1/30/2021
Status: Referred to agriculture committee 1/5/2022
Summary: All vendors designated as “dealer”. Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to persons under 18. Safe use instructions required on label. Levels of MTG and 7-HMG required on label.

Ohio HB236 “Regulate kratom processing, sale, and distribution”
Regulating

Introduced: 3/25/2021
Status: Referred to Health Committee 4/14/2021. Hearing on 2/8/2022
Summary: Ohio, always a battleground state, threatened to ban kratom in 2019. This bill introduced last year is more detailed – it has the standard language of other bills prohibiting the sale of contaminated and adulterated kratom and labeling requirements, but it also requires anyone wanting to “process” kratom in the state to obtain a license from the director of agriculture. Penalties are outlined in detail. The addition of kratom to a bill that already outlines rules about distributing hemp, cannabis, and other substances is detailed in this 24 page document.

Oregon HB4010 “Relating to kratom; prescribing an effective date”
Regulating

Introduced: 2/1/2022
Status: Work session held 2/7/2022
Summary: Last year’s KCPA in Oregon was veteoed by the governor due to a perceived lack of funding. Processors of kratom would have to registered with the Department of Revenue. Fees would be collected from processors for enforcement of the law. Officials were worried that due to the lack of processors in the state, not enough fees would be collected to fund enforcement, even though $1.1 million was allocated from the General Fund to implement the law, with an additional $304,000 going to Oregon’s Justice Department for specific enforcement duties. Funding for KCPA laws has been a particular roadblock in the states — even as KCPA laws pass, with no funding allocated, enforcement may be lacking. HB4010 focuses on registration with the Department of Revenue for processors.

Virginia HB1307 “Kratom products; prohibited acts, civil penalty”
Regulating

Introduced: 1/21/2022
Status: Hearing on 2/8/2022. Assigned to House Health, Welfare and Institutions Sub-Committee 1/31/2022
Summary: Prohibits sale of adulterated or contaminated kratom, or kratom containing 7-HMG above 2% of alkaloids. Requires safe use instructions and dosage on label.

Washington SB5743 “Designating kratom as a controlled substance”
BANNING

Introduced: 1/7/2022
Status: Referred to Senate committee on Law and Justice 1/10/2022
Summary: Adds mitragynine and 7-hydroxymitragynine to the states list of controlled substances. Interestingly puts kratom on a list under the heading “Any of the following opiates”. (Opiate is a term for an extract of the opium poppy). This bill was sponsored by Jim Honeyford who, according to sources, wrote a regulatory bill to replace this (see below).

Washington SB5941 “Establishing the Washington kratom consumer protection act”
Regulating

Introduced: 1/25/2022
Status: Referred to Senate committee on Law and Justice 1/25/2022
Summary: Well isn’t this interesting? We have two bills in the Washington Senate Law and Justice Committee – one banning kratom, one regulating kratom. Will it be Bachelor #1 or Bachelor #2? What’s more is both are sponsored by the same senator, Jim Honeyford. Sources claim the regulatory bill was written to replace the ban bill. Honeyford sits in the Law and Justice Committee, so if this is true, the ban bill will die. The regulation bill, SB5941, prohibits the sale of adulterated and contaminated kratom and kratom with 7-HMG at above 2% of alkaloids, puts the age at 21, designates “processor” and “retailer”, and requires safe use instructions on the label. In Washington, 2nd and subsequent offenses carry a heftier fine at $10,000.

Wisconsin AB599 “Relating to: regulating kratom products, granting rule-making authority, and providing a penalty”
Regulating and REPEALING A BAN

Introduced: 10/7/2021
Status: Referred to Committee on Rules 2/1/2022
Summary: Wisconsin made kratom illegal in the state in 2014. This bill would repeal that law, legalizing kratom. This bill would prohibit sales of adulterated and contaminated kratom, kratom with 7-HMG at more than 2% of alkaloids, set the age at 21, and requires levels of MTG and 7-HMG to appear on the label. The bill also requires processors 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”. Should AB599 pass, Wisconsin would be the first state to overturn an existing kratom prohibition bill.

###