Senator Louis Blessing introduced a bill in the Ohio Senate that will regulate rather than ban kratom.
Introduced on October 21, SB299 would limit the amount of naturally-occurring 7-hydroxymitragynine (7-OH) to less than 2% of alkaloids or 1 milligram per serving. All synthetic or semi-synthetic alkaloids will be made illegal to sell. Each product must be labeled with the amount of mitragynine and 7-OH. It will be made illegal to sell kratom to those under 18. Residual solvents must adhere to United States Pharmacopeia standards.
The bill also requires kratom processors to register all products with the Department of Agriculture. The Director of Agriculture must adopt rules covering application procedures, fees, civil penalties, appeals, seizure/destruction, testing, labeling, and other standards. No retail food establishment license holder may store, process, prepare, manufacture, handle for sale, or sell a kratom product unless that kratom product is registered with the Director of Agriculture.
SB299 is different from older regulation bills in several ways:
- More explicit incorporation of 7-OH limits in both processing and retail levels
- Clearer “good faith reliance” exception at both processor and retail levels. Meaning that processors and retailers selling products that turn out to be in violation of rules can be found to be selling products in good faith if they believed the products adhered to regulations
- Inclusion of civil liability (private right of action) for persons harmed by consuming products that were in violation of regulations
- Stricter labeling and disclosure obligations
In August, Ohio Governor Mike DeWine called on the Ohio Board of Pharmacy (BOP) to place kratom and 7-OH on Schedule I of Ohio’s list of controlled substances, citing the HHS/FDA’s announcement that it was looking to place only 7-OH, but not kratom leaf, on the federal CSA schedule.
After a call from HHS Director Robert F. Kennedy, Jr., the BOP called off its meeting, and Governor DeWine backed off his call to ban kratom.
Global Kratom Coalition has come out in support of the bill, calling it “landmark legislation that establishes commonsense safety standards for kratom products while banning dangerous synthetic concentrated versions that have no place in the marketplace.”
Sen. Blessing, the bill’s sponsor, is hopeful it will pass, telling WSYX in Columbus, “I think it’s probably a pretty good bet that we can get out of the senate. Whether it gets across the finish line… it’s hard for me to handicap that one.”
The bill has been referred to the Senate General Government Committee.