Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB393 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 393
5	5	September 5, 2023 - Introduced by Representatives MURPHY, BROOKS and MACCO,
6	6	cosponsored by Senators CABRAL-GUEVARA and FELZKOWSKI. Referred to
7	7	Committee on State Affairs.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 961.14 (7) (mk) and 961.14 (7) (mL); and to create 100.365 and
10	10	941.41 of the statutes; relating to: regulating kratom products, granting
11	11	rule-making authority, and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill defines kratom products as products intended for human or animal
14	14	consumption, including food, drink, chewing gum, and food supplements, made from
15	15	any part of a leaf of the Mitragyna speciosa plant, and legalizes the manufacture,
16	16	distribution, delivery, and possession of kratom.
17	17	Under current law, kratom is classified as a Schedule I controlled substance and
18	18	if a person manufactures, distributes, or delivers kratom, he or she is guilty of a Class
19	19	H felony, and if a person possesses kratom he or she is guilty of a misdemeanor. The
20	20	bill removes kratom from the schedule of controlled substances and legalizes the
21	21	manufacture, distribution, delivery, and possession of kratom, subject to certain
22	22	limitations.
23	23	Under the bill, a person who prepares or processes a kratom product (a
24	24	processor) may not distribute the product if it 1) is mixed or packed with another
25	25	substance that affects the kratom product's quality or strength to such a degree that
26	26	it may cause injury; 2) contains a poisonous ingredient, controlled substance, or
27	27	controlled substance analog; 3) contains a level of 7-hydroxymitragynine that is
28	28	greater than 1 percent; 4) contains any synthetic alkaloid; or 5) does not include a
29	29	label that states the amount of mitragynine and 7-hydroxymitragynine contained
30	30	in the product. The bill also prohibits the sale of a kratom product to any person
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33	33	3 - 2 -2023 - 2024 Legislature LRB-3351/1
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35	35	ASSEMBLY BILL 393
36	36	under the age of 21. A person who violates either of these provisions is guilty of a
37	37	Class C misdemeanor.
38	38	The bill also requires a processor to obtain a food processing plant license from
39	39	the Department of Agriculture, Trade and Consumer Protection, and to register a
40	40	kratom product before distributing it. In addition, the bill requires a person selling
41	41	or distributing a kratom product via in-person sales to keep the kratom product in
42	42	a manner in which only store employees can access the kratom product before sale,
43	43	and for online sales to verify the identity, age, and location of the buyer. A processor
44	44	who prepares, processes, sells, offers for sale, or distributes a kratom product that
45	45	is not registered with DATCP or without a food processing license is subject to a
46	46	monetary penalty, to be determined by DATCP by rule, as is a person who sells or
47	47	distributes the kratom product in violation of the bill's in-person and online sales
48	48	requirements.
49	49	Because this bill creates a new crime or revises a penalty for an existing crime,
50	50	the Joint Review Committee on Criminal Penalties may be requested to prepare a
51	51	report.
52	52	For further information see the state fiscal estimate, which will be printed as
53	53	an appendix to this bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 100.365 of the statutes is created to read:
57	57	100.365 Kratom. (1) In this section:
58	58	(a) “Kratom product” means any part of a leaf of the Mitragyna speciosa plant
59	59	and any product intended for human or animal consumption, including food, drink,
60	60	chewing gum, and food supplements, made from any part of a leaf of the Mitragyna
61	61	speciosa plant.
62	62	(b) “Processor” means any person who prepares or processes a kratom product
63	63	and sells, offers for sale, or distributes the kratom product to a wholesaler or retail
64	64	seller.
65	65	(2) A processor may not prepare, process, sell, offer for sale, or distribute a
66	66	kratom product if any of the following applies:
67	67	(a) The kratom product is not registered with the department under sub. (4).
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84	84	(b) The processor is not licensed as a food processing plant under s. 97.29.
85	85	(3) A person may not sell, offer for sale, or distribute a kratom product unless
86	86	any of the following applies:
87	87	(a) For in-person sales, the person keeps or displays the kratom product in a
88	88	manner in which only store employees can access the kratom product before sale.
89	89	(b) For online sales, the person verifies the buyer's identity, age, and location.
90	90	(4) The department shall maintain a registry, accessible by the public, that
91	91	includes the kratom products that may be sold in this state.
92	92	(5) The department may seize and destroy any kratom products offered for sale
93	93	in this state that are not registered under sub. (4).
94	94	(6) The department shall promulgate rules for the administration and
95	95	enforcement of this section, including all of the following:
96	96	(a) Standards for testing a kratom product for safety for human or animal
97	97	consumption.
98	98	(b) Standards for accurate labeling.
99	99	(c) Requirements and methods for adding a kratom product to the registry
100	100	under sub. (4).
101	101	(d) A fee for registering a product under sub. (4).
102	102	(e) Monetary penalties for violating subs. (2) (a) or (b) and (3) (a) or (b).
103	103	SECTION 2. 941.41 of the statutes is created to read:
104	104	941.41 Kratom. (1) In this section:
105	105	(a) “Kratom product” has the meaning given in s. 100.365 (1) (a).
106	106	(b) “Processor” has the meaning given in s. 100.365 (1) (b).
107	107	(2) (a) A processor may not sell, offer for sale, or distribute a kratom product
108	108	if any of the following applies:
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135	135	SECTION 2 ASSEMBLY BILL 393
136	136	1. The kratom product is mixed or packed with a substance other than kratom
137	137	product that affects the quality or strength of the kratom product to such a degree
138	138	the kratom product may cause injury.
139	139	2. The kratom product contains a poisonous or otherwise deleterious ingredient
140	140	other than kratom, including any controlled substance, as defined in s. 961.01 (4),
141	141	or any controlled substance analog, as defined in s. 961.01 (4m).
142	142	3. The kratom product contains a level of 7-hydroxymitragynine in the alkaloid
143	143	fraction that is greater than 1 percent of the alkaloid composition of the kratom
144	144	product.
145	145	4. The kratom product contains any synthetic alkaloid, including synthetic
146	146	mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived
147	147	compound of the Mitragyna speciosa plant.
148	148	5. The kratom product does not include a product label on its packaging that
149	149	states the amount of mitragynine and 7-hydroxymitragynine contained in the
150	150	packaged kratom product.
151	151	(b) A processor who violates par. (a) is guilty of a Class C misdemeanor.
152	152	(c) A processor does not violate par. (a) if the processor shows by a
153	153	preponderance of the evidence that the processor relied in good faith on the
154	154	representation of a manufacturer, a packer, a distributor, or another processor
155	155	relating to a product represented to be a kratom product.
156	156	(3) (a) No person may sell, offer for sale, or distribute a kratom product to any
157	157	person under the age of 21.
158	158	(b) A person who violates par. (a) is guilty of a Class C misdemeanor.
159	159	SECTION 3. 961.14 (7) (mk) of the statutes is repealed.
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186	186	SECTION 4
187	187	ASSEMBLY BILL 393
188	188	SECTION 4. 961.14 (7) (mL) of the statutes is repealed.
189	189	(END)
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