Model state bill (draft)

Section 1. Short title.

This act may be cited as the "Concentrated Kratom Alkaloid Safety Act."

Section 2. Definitions.

(a) "Kratom product" means any food, dietary supplement, beverage, vapor product or other product intended for human ingestion or inhalation that contains any part of the leaf of Mitragyna speciosa or any alkaloid derived from it.

(b) "Synthetic or concentrated alkaloid" means 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl (MGPI), MGM-15, MGM-16, or any other alkaloid that is synthesized, semi-synthesized, or chemically converted from mitragynine or another kratom alkaloid, or that is present at a concentration above that found naturally in the leaf.

(c) "Threshold" means [1 milligram per gram for solids and 1 milligram per milliliter for liquids, of any synthetic or concentrated alkaloid alone or combined], or a stricter limit set by rule.

Section 3. Prohibited sales.

No person shall manufacture, distribute, sell or offer for sale a kratom product that contains any synthetic or concentrated alkaloid above the threshold, in any form, including tablets, shots, gummies and vapor products.

Section 4. Age limit.

No person shall sell or give a kratom product to a person under 21 years of age. Sellers shall verify age with a government-issued photo ID.

Section 5. Registration, testing and labeling.

(a) Each kratom product sold in this State shall be registered with [the Department] before sale.

(b) Each batch shall be tested by an accredited independent laboratory for alkaloid content and contaminants, and the results kept for [three] years and made available to the Department on request.

(c) The label shall state the amount of each alkaloid in milligrams per serving, a serving size, the manufacturer's name and address, and a warning that the product is not for use by anyone under 21 or by anyone who is pregnant or breastfeeding.

Section 6. Packaging.

Kratom products shall be sold in child-resistant packaging and shall not use cartoons, candy-like shapes or other designs attractive to children.

Section 7. Enforcement.

Violations by a seller or manufacturer are subject to [civil penalties of up to $X per violation, product seizure and license suspension]. Nothing in this act creates a penalty for possession for personal use by an adult [drafting note: states differ; see the NC HB 328 approach].

Section 8. Education.

[The Department] shall publish plain-language information for parents, schools and health professionals about kratom and concentrated alkaloid products and how to report harm.