AB 393

This bill defines kratom products as products intended for human or animal

consumption, including food, drink, chewing gum, and food supplements, made from

any part of a leaf of the Mitragyna speciosa plant, and legalizes the manufacture,

distribution, delivery, and possession of kratom.

Under current law, kratom is classified as a Schedule I controlled substance and

if a person manufactures, distributes, or delivers kratom, he or she is guilty of a Class

H felony, and if a person possesses kratom he or she is guilty of a misdemeanor. The

bill removes kratom from the schedule of controlled substances and legalizes the

manufacture, distribution, delivery, and possession of kratom, subject to certain

limitations.

Under the bill, a person who prepares or processes a kratom product (a

processor) may not distribute the product if it 1) is mixed or packed with another

substance that affects the kratom product's quality or strength to such a degree that

it may cause injury; 2) contains a poisonous ingredient, controlled substance, or

controlled substance analog; 3) contains a level of 7-hydroxymitragynine that is

greater than 1 percent; 4) contains any synthetic alkaloid; or 5) does not include a

label that states the amount of mitragynine and 7-hydroxymitragynine contained

in the product. The bill also prohibits the sale of a kratom product to any person

under the age of 21. A person who violates either of these provisions is guilty of a

Class C misdemeanor.

The bill also requires a processor to obtain a food processing plant license from

the Department of Agriculture, Trade and Consumer Protection, and to register a

kratom product before distributing it. In addition, the bill requires a person selling

or distributing a kratom product via in-person sales to keep the kratom product in

a manner in which only store employees can access the kratom product before sale,

and for online sales to verify the identity, age, and location of the buyer. A processor

who prepares, processes, sells, offers for sale, or distributes a kratom product that

is not registered with DATCP or without a food processing license is subject to a

monetary penalty, to be determined by DATCP by rule, as is a person who sells or

distributes the kratom product in violation of the bill's in-person and online sales

requirements.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.