Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB393

Introduced
9/5/23  
Refer
9/5/23  
Report Pass
2/12/24  
Refer
2/12/24  

Caption

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

Impact

The impact of AB393 is significant as it changes the legal standing of kratom from a banned substance to a regulated product, allowing businesses to legally produce and sell kratom with compliance to safety standards. Processors must adhere to guidelines on product quality, including labeling and safety testing, which aims to protect consumers while fostering a legal market for kratom products. The bill introduces penalties for non-compliance, including a potential Class C misdemeanor for violations.

Summary

Assembly Bill 393 aims to regulate kratom products in Wisconsin by removing kratom from the schedule of controlled substances and legalizing its manufacture, distribution, delivery, and possession, subject to certain conditions. This bill redefines kratom products as those made from any part of the Mitragyna speciosa plant intended for human or animal consumption. It establishes requirements for processors, mandating that they obtain a food processing plant license and register their products with the Department of Agriculture, Trade and Consumer Protection (DATCP) before distribution.

Conclusion

Overall, AB393 positions Wisconsin to establish a regulated framework for kratom, aiming to balance consumer access with safety precautions. As the bill progresses, discussions will likely continue to highlight the tension between public health advocacy and the push for economic benefits from a legally recognized kratom industry.

Contention

Notable points of contention surrounding AB393 arise from concerns regarding public health and safety versus economic opportunity. Supporters argue that regulation enhances consumer safety by ensuring that kratom products are properly tested and labeled, while opponents may express concerns about potential health risks associated with kratom use, leading to calls for stricter oversight. The bill's approach to manage sales, particularly prohibiting sales to those under the age of 21, is a focal point for discussions on responsible access to kratom.

Companion Bills

No companion bills found.

Previously Filed As

WI SB445

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

WI SB821

Relating to the processing and sale of kratom and kratom products and related public health and safety protections; providing civil penalties; providing rulemaking authority.

WI SB497

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

WI HB861

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

WI HB1097

Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.

WI HF612

A bill for an act relating to the regulation of kratom, and making penalties applicable.

WI H0425

An act relating to the regulation of kratom products

WI S0128

An act relating to the regulation of kratom products

WI S0121

An act relating to the regulation of kratom products

WI H0416

An act relating to the regulation of kratom products

Similar Bills

IL HB2868

KRATOM CONSUMER PROTECTION

IL SB1847

KRATOM CONSUMER PROTECTION

AZ HB2601

Kratom products; definitions

IL HB3127

KRATOM CONSUMER PROTECTION

CT HB05506

An Act Concerning Scrap Metal Sold On Behalf Of Municipalities.

WI SB445

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

MS HB838

Mississippi Tianeptine and Kratom Consumer Protection Act; create.

CA SB186

Food safety.