Important Kratom Legislative Updates: February 2021

Kratom has received plenty of attention across state legislatures this month. Below is a rundown of all that has taken place in the US kratom sphere since the beginning of February. 

Mississippi

Back in early January, a Mississippi Senate Bill was proposed calling to add kratom to Schedule I of the Uniform Controlled Substance Act. Such a scheduling would have effectively ended all sales of kratom in the state. The United States Drug Enforcement Agency (DEA) defines a Schedule I drug as having:

  • A high potential for abuse
  • No currently accepted medical treatment use
  • A lack of accepted safety for use under medical supervision

Fortunately for kratom advocates, the bill received heavy opposition from the Kratom Consumer Protection Act, which was deliberated in both the Mississippi House and Senate. As of February 2, all three proposals died in their respective committees. Regardless, the effort to ban Kratom in the state of Mississippi has been stalled, for now. 

Missouri

On February 11, 2021, the Missouri House of Representatives unanimously passed the Kratom Consumer Protection Act, 144-0. 

The KCPA was originally presented to the House last year, but the rise of COVID-19 effectively stalled the act, until now. The bill will now move onto the Senate, which will require a few weeks to be enacted upon. In reference to the KCPA, Representative Phil Christofanelli stated:

“Missouri consumers deserve to know that the products they purchase in stores are what they purport to be.” “This bill ensures that kratom products sold in this state are properly labeled and reserved for adults in order to protect the public from bad actors in the marketplace.”

Oklahoma

On February 12, 2021, the Oklahoma House Committee on Alcohol, Tobacco and Controlled Substances voted 10-0 to send the Kratom Consumer Protection Act to the House of Represenative’s floor. 

In 2020, the KCPA passed unanimously through the House and was sent to the Senate. However, COVID-19 obstructed the bill’s progress, causing everything to reset.

South Dakota

On February 12, 2021, the South Dakota Commerce and Energy Committee vetoed a bill that would effectively ban kratom.

This now marks the second straight year in which there has been a move to ban kratom in the state of South Dakota. Both have been unfruitful for kratom antagonists. An additional recommendation was made to ban the sale of kratom to individuals 21 years of age and younger. There is growing hope that more parts of the KCPA will be passed in South Dakota in the near future. 

What is the KCPA?

The Kratom Consumer Protection Act is a bill that stands to put standard regulations on kratom products sold in the United States. The bill and its contents are passed, interpreted and enacted upon differently by each individual state. Below is a generalized list of what the act calls for:

  • Prohibit the sale of kratom to minors
  • Disclose if any food contains kratom
  • Prohibit the sale of adulterated/contaminated kratom
  • Prohibit the sale of kratom coupled with any other scheduled substance
  • Forbid the sale of kratom containing over 2% of 7-hydroxymitragynine
  • Prohibit the sale of synthetic kratom and/or its synthetic alkaloids
  • Labeling of the kratom product, place of origin and ingredients 

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