Kratom Legislation 2020

Kratom Legislation 2020

UPDATED 3/5/2020***
This post will be updated as kratom legislation develops

With the new year comes new state legislative sessions. On the negative side, there are a few kratom ban bills. But more states are considering a Kratom Consumer Protection Act.

I compiled this list of active state-level kratom bills to make my own research less time-consuming, and I hope it helps you as well. I will continue to update this list as the year goes on. Let us know if you see outdated or missing information by leaving a comment below, or by contacting us on Twitter @kratomscience, or on Facebook.

I’ve included links to contact information from the bill’s sponsors. If you contact these representatives, please be polite and non-confrontational. If you are a constituent, please mention this up front, as representatives would rather hear from those who live in their district or state.

KRATOM BAN BILLS

Hawaii

From the AKA Legislative Update:

Hawaii Legislation to Ban Kratom Dies in Committee

The sponsors of the proposed ban in Hawaii are very interested in learning more about the KCPA, and they agreed to not pursue any ban on kratom and the bill died in Committee.

Maryland

Bills: SB147 and HB283

Summary: Both bills would have added kratom to the list of Schedule 1 substances in Maryland.

Notes: Due to the efforts of the American Kratom Association and the testimonies of kratom consumers, the sponsors of these bills are no longer seeking to outlaw kratom in Maryland! Here are two tweets from AKA’s Mac Haddow explaining the result of outstanding and effective civic action:

Michigan

Bill: SB0433

Summary: Kratom would become a Schedule II substance in the state of Michigan. It would only be available with a doctor’s prescription.

Sponsor: Senator John Bizon, M.D.

Status: This was introduced and referred to the Senate Judiciary and Public Safety Committee on August 20, 2019.

***Updated 3/5/2020
Mississippi (3 Bills all Dead)

Bill: SB2084

Summary: This was replaced by a KCPA bill, which died in committee

Sponsor: Senator Chuck Younger.

Status: Replaced with a KCPA bill, then died in committee. From Mac Haddow:

The Mississippi Legislature has allowed all kratom bills to die in Committee (including the two House bans and the Senate replacement KCPA) pending an effort for the contesting parties to come to an agreement. We will do our best to work out a compromise. The bans are dead!

Notes: Sen. Younger tried to pass a similar bill in 2016. It was shot down by representatives voting against it after hearing from constituents who opposed the bill. A big propaganda push led by the Lowndes County Crime and Addiction Task Force has led to kratom being banned in multiple towns and counties in Mississippi.

Bill: HB1284

Summary: Adds kratom to the list of Schedule 1 controlled substances.

Sponsors: Rep. Angela Cockerham, Rep. Jill Ford

Status: Died in committee

Bill: HB1287

Summary: Adds kratom the the list of Schedule 1 controlled substances, just like the other two Mississippi bills

Sponsors: Rep. Fred Shanks, Rep. Jill Ford

Status: Died in committee

Missouri

Bill: SB765

Summary: Classifies kratom as a Schedule 1 controlled substance

Sponsor: Sen. Bob Ordner

Status: Introduced 1/8/20

Notes: There is also a KCPA bill in Missouri, HB2061 (see below)

***Updated 3/5/2020
New Hampshire

Bill: SB758

Summary: Bans kratom in New Hampshire

Sponsors: Dan Feltes, Martha Clark, Martha Hennessey, Jeanne Dietsch, Jay Kahn

Status: From Mac Haddow: “The New Hampshire Senate Health Committee struck the proposed ban on kratom and unanimously agreed to replace it with the Kratom Consumer Protection Act.”

West Virginia

Bill: SB847

Summary: Adds mitragynine and 7-hydroxmitragynine to the list of Schedule 1 controlled substances

Sponsors: Mike Azinger, Baldwin, Clements, Cline, Hardesty, Jeffries, Lindsay, Maynard, Pitsenbarger, Romano, Rucker, Smith, Weld, Woelfel, and Trump

Status: KRATOM STRICKEN FROM THE BILL
Mac Haddow tweeted that the language scheduling kratom was struck down today by Senator Rucker. The bill passed to the House with a 31-1 vote. Mitragynine and 7-hydroxmitragynine are no longer listed in the bill, keeping kratom legal.

Notes: West Virginia is probably aware of our movement. Interested parties seem to be intent on moving this through fast before opposition can be organized around it. AKA is encourage West Virginia kratom warriors to contact their reps via this form.

***Updated 3/5/2020
South Dakota

Bill: HB1072

Summary: Would place 7-hydroxymitragynine; Mitragynine; and Mitragynine pseudoindoxyl on the list of Schedule 1 substances

Sponsors: Representatives Perry, Borglum, Deutsch, Glanzer, and St. John and Senators Novstrup, Greenfield (Brock), and Jensen (Phil)

Status: House Heath and Human Services Committee voted not to pass, but deferred to the 41st legislative day.

KRATOM CONSUMER PROTECTION ACT BILLS

***Updated 3/5/2020
Idaho

Bill: HB567

Summary: “KRATOM — Adds to existing law to provide for registration and labeling, to provide for prohibited acts, to provide for minors, and to provide for violations and penalties.”

Sponsors: House Ways and Means Committee Committee

Status: Bill dropped. From Mac Haddow: “the score on the KCPA by the Idaho Freedom Foundation for “overegulation” was rated at -7. AKA supported Rep. Zollinger, who is a fierce advocate for kratom, in withdrawing the KCPA while we work to resolve these issues.”

Missouri

Bill: HB2061

Summary: Regulates kratom, making it illegal to adulterate or add synthetic alkaloids to kratom. “Dealers” (as vendors are referred to here) would be required to put alkaloid levels on the label, and would be prohibited from selling kratom to persons under 18 years of age.

Sponsor: Rep. Phil Christofanelli

Status:
Passed the House with a 139-6 vote. Now goes to the Senate.

Ohio

Bill: HB318

Summary: The Ohio Kratom Consumer Protection Act would require kratom vendors to register with the Dept. of Agriculture to sell kratom as a consumable food product. It also sets standards for testing and labeling requirements, and prohibits the sale of kratom to persons under the age of 18.

Sponsor: Rep. Gary Scherer

Status: The bill was introduced in August 2019, and referred to the House Health Committee in November, which held two hearings. The first was in November and the second was just on January 28, 2020, in which Senator Curt Bramble of Utah and Dr. Jack Henningfield spoke as proponents (video, starts at 50:31).

Notes: For a while the outlook in Ohio was gloomy, with the Board of Pharmacy pushing aggressively for a ban. The American Kratom Association along with many kratom warriors launched a visible campaign and testified at the Board of Pharmacy hearing last August 9th, prompting the introduction of HB318 later that month.

Oklahoma

***UPDATED 3/3/2020

Bill: HB2846

Summary: The law would require kratom vendors to label packaging with information including the amount of mitragynine and 7-hydroxymitragynine, directions for consumption, precautionary statements about effectiveness, and the address of the vendor. The law would also prohibit the sale of kratom to persons under the age of 18.

Sponsor: Rep. Daniel Pae

Status:
Oklahoma House of Representatives unanimously voted to pass this bill onto the Senate! 97-0!

Oregon

Bill: HB4013

Summary: from the text: “Establishes regulations for kratom products, including labeling requirements and minimum age for sale. Requires registration of kratom products with State Department of Agriculture.”

Sponsors: Reps. Post, Clem, Barker, Prusak

Status:
Bill voted unanimously pass the Senate Judiciary Committee

Rhode Island

Bill: H7289

Summary: Regulates kratom as a food product and establishes labeling requirements for vendors

Sponsors: Representatives Kennedy, Diaz, and Ucci

Status:
from AKA’s Mac Haddow:

The Rhode Island Department of Health has started to listen on kratom, but as of now they are not convinced it should be regulated rather than banned there. The Health committee seemed very engaged in hearing the story about the KCPA. Thanks to Rep. Kennedy for his support.

Notes: Kratom is currently illegal in Rhode Island. This bill would legalize and regulate it.

DECRIMINALIZATION ONLY BILLS

Vermont

Bill: H.878

Summary: “An act relating to decriminalizing certain drugs commonly used for medicinal, spiritual, religious, or entheogenic purposes” “This bill proposes to decriminalize psilocybin, peyote, ayahuasca, and kratom.”

Sponsors: Reps. Brian Cina, Robin Chesnut-Tangerman, Annmarie Christensen, Zachariah Ralph

Status: Read on 1/22/20 and referred to Committee on Judiciary

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