Kratom Regulation Bill Passes California House

A new bill that will regulate the sale of kratom is being considered by the California State Legislature.

The bill, AB2365, was introduced in February and passed by the California House on May 21, 2024. According to the bill in its current form:

This bill would add kratom products, as defined, to the Sherman Food, Drug, and Cosmetic Law and require processors of kratom products to register with the department. The bill would authorize the department to establish an annual fee for processors and would authorize the fee to be based on certain criteria, including annual sales in California. The bill would prescribe specified quantities of alkaloids present in kratom products and would establish labeling and packaging requirements. The bill would require that kratom products be registered with the department annually, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would prohibit the sale of kratom leaf and kratom products to those under 21 years of age. By expanding the scope of a crime, the bill would create a state-mandated local program.

The Global Kratom Coalition said of AB2365 in a press release, that "Implementing this well-rounded approach not only prioritizes consumer safety by establishing reliable safety measures but also guarantees their access to accurately labeled kratom products."

Notable differences from this bill and similar regulations (sometimes called the "Kratom Consumer Protection Act") include:

• The inclusion on the label of an "advisement that kratom may be habit forming"
• Recommended servings in a 24 hour period
• The required inclusion of a measuring device for powdered kratom, as well as Rliquid kratom products that contain more than three servings
• Required annual registration of all kratom products including a certificate of analysis from an independent laboratory

As of May 29, the bill is now sitting in the California Senate Health Committee, awaiting review.