Kratom Regulatory Landscape
Kratom is legal to sell and consume in 44 states.
Of those states:
13 states have passed the Kratom Consumer Protection Act (KCPA)
12 states are actively considering passing the KCPA.
Kratom is banned to sell and consume in 6 states.
No state has passed a new ban since 2017.
Of the 6 banned states, 4 states are considering repealing their ban based on updated science and understanding of kratom and it’s safety profile.
California and Kratom
Legislators, scientists, consumers, and industry recognize the therapeutic potential of kratom and the benefits it provides to those who use it. At the same time, there is an understanding that comprehensive legislation is required to protect consumers and ensure their access to safe, responsibly manufactured kratom products.
Due to the absence of federal regulation, states are currently responsible for putting forward their regulations. In the context of California, AB 2365 was filed on February 12th, 2024. AB 2365 is the strongest Kratom Consumer Protection bill passed by any state. It considers the realities of the kratom marketplace, the latest scientific findings, the distinction between different kratom formulations, and the need for more informed consumption to protect consumers and responsibly maintain access to safe kratom products.
In the face of past concerns about kratom, some cities and councils have rushed to the conclusion of banning it. However, localized bans do not change consumption habits, as consumers may simply travel outside the ban lines to obtain their products, and law enforcement loses control of the problem (if there is, in fact, a problem at all). With robust state regulations in progress addressing issues in the kratom marketplace while still maintaining consumer access, a ban in Newport Beach would be prematurely implementing a solution that may not effectively address the issue.
Summary of the Kratom Regulation Bill for California:
Clearly define what is and what is not kratom, and not allow adulteration:
Kratom Leaf: The leaf of the kratom plant, subjected to minimal post-harvest processing.
Kratom Leaf Extract: Material obtained by extracting kratom with specified solvents, containing mitragynine as the predominant alkaloid.
Kratom Product: Food or dietary supplement containing kratom leaf or extract, excluding synthesized kratom constituents or any adulterants, and limiting 7-Hydroxymitragynine levels found in kratom products to under 1% of total alkaloids.
Set packaging and labeling standards:
Retail package labels must comply with federal allergen labeling requirements.
Labels must include age restrictions (18+), health warnings, manufacturer information, and directions for use including the recommended serving size, and the amount of servings that can be safely consumed in a day.
Liquid kratom products limited to 3 servings in containers, unless equipped with a calibrated measuring device. Powdered products must have calibrated measuring devices.
Prohibition of sale to person under 18:
The sale of Kratom products to persons under the age of 18 is prohibited.
Registration:
Processors require a valid annual registration from the Department.
Registration includes a certificate of analysis from an accredited third-party laboratory.
Processor must pay an annual fee covering administrative costs.
Failure to comply with testing or fee requirements will result in revocation of registration.
Enforcement:
Violations will lead to denial, suspension, or revocation of registration.
Proceedings follow the guidelines outlined in the Government Code.
