Kratom Legislation 2020

Kratom Legislation 2020

*LAST UPDATED 2/11/2020. This post will be updated throughout the year 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 Let us know if you see outdated or missing information by leaving a comment below, or by contacting us on Twitter @kratomscience, or on Facebook.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

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.

Mississippi

Bill: SB2084

Summary: This bill would add mitragynine and 7-hydroxymitragynine to the list of Schedule I substances in Mississippi. If passed, the law would go into effect July 1, 2020.

Sponsor: Senator Chuck Younger.

Status: The bill was referred to the judiciary on 1/17/20. No information about a hearing date is available. It will eventually go through the Senate Drug Policy Committee.

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.

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, HB1115 (see below)

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: The bill was read in the SD House on 1/22/20 and referred to the House Heath and Human Services Committee

Notes: Hemp was legalized nationally in 2018 by the Federal Government, but it was left up to the states on whether to legalize the low-THC cannabis sativa plant within their own borders. Despite support of the majority of South Dakotans and South Dakota farmers groups, Governor Kristi Noem vetoed a bill in March 2019 that would make hemp legal. Prohibitionist maneuvers like this along with a bizarre anti-meth campaign favored by Gov. Noem doesn’t bode well should a kratom ban bill end up on her desk.

KRATOM CONSUMER PROTECTION ACT BILLS

Missouri

Bill: HB1115

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: From the AKA..

The FDA is going on the attack in Missouri, but AKA’s lobbyists held their ground in a contested Hearing on February 4 and the KCPA was approved by the Legislative Oversight Rules Committee on a 6-4 vote.

Representative Phil Christofanelli’s Kratom Consumer Protection Act will now move to further consideration by the Missouri House and additional information will be provided to the kratom advocates when the next Hearing is scheduled.

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

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: Rep. Pae introduced the bill on 1/14/2020, read the bill in session 2/3/2020 and referred it to the Rules Committee 2/4/2020.
UPDATE 2/11/20: House Rules Committee unanimously voted to pass the bill through

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: From the AKA

Kratom advocates found the Oregon Economic Development Committee to be receptive to implementing the Oregon KCPA. AKA’s representative, Lora Romney, member of the AKA National Kratom Consumer Advisory Council, reported that committee members were very interested in hearing how consumers can have access to pure, unadulterated kratom.

It was also very clear that these legislators were not going to be intimidated by the FDA and their anti-kratom disinformation campaign. Once again the kratom advocates won the day with powerful testimonials on how kratom has had a positive impact on their personal lives.

The AKA will keep everyone posted on the next actions by the Oregon Legislature.

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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