Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB445

Introduced
9/20/23  
Refer
9/20/23  

Caption

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

Impact

The bill imposes several restrictions on kratom products to ensure consumer safety. For instance, it prohibits processors from distributing kratom that is mixed with harmful substances, contains more than 1% of 7-hydroxymitragynine, or lacks proper labeling indicating the content of active compounds. Moreover, it mandates that individuals selling kratom are required to hold a food processing plant license and register their kratom products with the Department of Agriculture, Trade and Consumer Protection (DATCP). Violations of these provisions can result in Class C misdemeanors, adding a legal accountability layer for processors and retailers.

Summary

Senate Bill 445 seeks to regulate kratom products by removing them from the schedule of controlled substances, which currently classifies kratom as a Schedule I controlled substance in Wisconsin. The bill allows for the manufacture, distribution, delivery, and possession of kratom under certain conditions. It establishes a regulatory framework for kratom products, necessitating that they are intended for human or animal consumption and defining them as products derived from any part of the leaf of the Mitragyna speciosa plant. This legislative change marks a significant shift in how kratom is perceived and managed legally within the state.

Contention

The bill has triggered discussions surrounding public health and safety, particularly regarding the potential risks associated with kratom consumption. Supporters argue that regulation will promote safer practices in the production and sale of kratom while providing consumers with clearer information about what they are purchasing. Critics, however, might raise concerns that legalization could lead to increased accessibility among younger demographics, as the legislation stipulates that kratom products cannot be sold to individuals under the age of 21, but worry about the enforcement and effectiveness of this age restriction.

Companion Bills

No companion bills found.

Previously Filed As

WI AB393

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 SB1868

Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.

WI HF612

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

WI S0128

An act relating to the regulation of kratom products

WI H0425

An act relating to the regulation of kratom products

WI S0121

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

WI AB393

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

CT HB05506

An Act Concerning Scrap Metal Sold On Behalf Of Municipalities.

MS HB838

Mississippi Tianeptine and Kratom Consumer Protection Act; create.

CA SB186

Food safety.