COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1837H.02C Bill No.:HCS for HB 912 Subject:Consumer Protection; Drugs and Controlled Substances; Department of Health
and Senior Services
Type:Original Date:April 26, 2023Bill Summary:This proposal creates new provisions relating to the sale of kratom products.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1837H.02C
Bill No. HCS for HB 912
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 1837H.02C
Bill No. HCS for HB 912
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FISCAL ANALYSIS
ASSUMPTION
§196.1170 – Sale of kratom products
Officials from the Missouri Office of Prosecution Services (MOPS) state there is no
measurable fiscal impact to MOPS. The enactment of a new crime [196.1170.7] creates
additional responsibilities for county prosecutors and the circuit attorney which may in turn
result in additional costs which are difficult to determine.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect no
impact for MOPS for fiscal note purposes.
Officials from the Department of Commerce and Insurance, the Department of Health and
Senior Services, the Department of Public Safety - Missouri Highway Patrol, the Office of
the State Public DefenderCity of Kansas CityCity of Springfield each assume
the proposal will have no fiscal impact on their respective organizations. Oversight does not
have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal
note for these agencies.
In response to similar legislation from the current session (SB 504), officials from the Office of
the State Courts Administrator
organization.
Oversight notes provisions of this bill (§196.1170.3) provides that the General Assembly
occupies and preempts the regulation of kratom to the complete exclusion of any order,
ordinance, or regulation of any political subdivision of the state and that any political
subdivision’s existing or future orders, ordinances or regulations relating to kratom will be void.
As Oversight does not have information to the contrary, Oversight will reflect a $0 to (Unknown)
potential loss of revenue to local governments.
Oversight also notes subsection .7 provides that if a kratom dealer violates certain provisions of
this proposal, the dealer is guilty of a class D misdemeanor.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities and various county officials were requested to respond to this proposed
legislation but did not. A listing of political subdivisions included in the Missouri Legislative
Information System database is available upon request. L.R. No. 1837H.02C
Bill No. HCS for HB 912
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FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026LOCAL GOVERNMENTS –
CITIES
Revenue Reduction – Cities Potential reduction in licensing fees
(§196.1170)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL GOVERNMENTS - CITIES
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Small Business
This proposal may directly impact small businesses that sell kratom products. (§196.1170)
FISCAL DESCRIPTION
This bill establishes the "Kratom Consumer Protection Act", which requires dealers who prepare,
distribute, sell, or expose for sale a food that is represented to be a kratom product to disclose on
the product label the basis on which this representation is made. A dealer is prohibited from
preparing, distributing, selling, or exposing for sale a kratom product that does not conform to
these labeling requirements.
The General Assembly preempts the entire field of regulating kratom products to the exclusion
of any order, ordinance, or regulation of any political subdivision of the state. Any existing
orders, ordinances, or regulations of any political subdivision of the state relating to kratom are
void under this bill.
A dealer may not prepare, distribute, sell, or expose for sale a kratom product that is adulterated
or contaminated with a dangerous non-kratom substance, contains a level of 7-
hydroxymitragynine in the alkaloid fraction that is greater than 2% composition of the product,
contains any synthetic alkaloids, or does not include on its package or label the amount of
mitragynine, 7- hydroxymitragynine, or other synthetically derived compounds of the plant L.R. No. 1837H.02C
Bill No. HCS for HB 912
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Mitragyna speciosa. A dealer may not distribute, sell, or expose for sale a kratom product to
anyone under 18 years of age.
The bill specifies penalties for a violation of the labeling requirements and allows for a person
who is aggrieved by a violation of the labeling requirements to bring a cause of action for
damages resulting from the violation.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Commerce and Insurance
Department of Health and Senior Services
Department of Public Safety – Missouri Highway Patrol
Office of the State Public Defender
City of Kansas City
City of Springfield
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Julie MorffRoss StropeDirectorAssistant DirectorApril 26, 2023April 26, 2023