The legislation will have a significant impact on the production and sale of kratom products in California, particularly by imposing an age restriction on the sale of these products; they will not be available to individuals under 21 years old. Additionally, the bill prohibits the manufacture of kratom products designed to appeal to children and bans inhalable kratom products entirely. These provisions aim to enhance consumer safety and protect vulnerable populations from potential risks associated with kratom use.
Assembly Bill 2365, introduced by Assembly Member Haney, addresses the regulation of kratom products in California. The bill satisfies a growing public demand for consumer protection through the establishment of the Kratom Consumer Protection Program within the Health and Safety Code. It mandates that all kratom processors register with the State Department of Public Health and establishes strict labeling and packaging requirements, along with annual registration fees based on product sales. By bringing kratom products under the Sherman Food, Drug, and Cosmetic Law, the bill aims to create a safer marketplace for consumers.
The overall sentiment surrounding AB 2365 appears to be supportive among public health advocates and legislators concerned about consumer safety. Advocacy groups promoting responsible kratom use back the bill, appreciating its proactive approach to regulation. However, there exists some contention from local authorities who may feel the state law could undermine their ability to impose stricter local regulations on kratom products, leading to debates about local control versus state-level governance.
Notable points of contention center around the state's mandate over local regulations, as the bill includes provisions that prevent local entities from imposing additional restrictions on kratom products. This centralization of regulatory power may frustrate local governments seeking tailored solutions to their unique community needs. Furthermore, the establishment of a new registration process and fees may be perceived as burdensome by smaller kratom processors, adding to the ongoing discourse on balancing regulation with industry support.