Analysis by the Legislative Reference Bureau

This bill (2021 Assembly Bill 599) 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 2 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. 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.