Georgia Governor Signs Law Adding Regulations for Production and Sale of Herbal Supplement Kratom

ATLANTA (AP) Georgia’s governor signed a bill Thursday that puts new regulations on the production and sale of products containing kratom, a herbal supplement.

The law, which takes effect Jan. 1, prohibits the sale of kratom to anyone under the age of 21 and says it must be kept behind a counter or in a display area accessible only to to store employees. It also limits the concentration of kratom’s main chemical components in products sold in Georgia, imposes new labeling requirements and adds penalties for violations.

Extracted from the leaves of a tropical tree native to Southeast Asia, kratom is used to make capsules, powders, and liquids. It is often sold at gas stations or smokehouses, marketed as an aid to pain, anxiety and drug addiction.

Proponents of kratom say it’s a safe, natural supplement that can help manage pain and ease the effects of opioid withdrawal. An estimated 1.7 million Americans used kratom in 2021, according to a national survey by the Substance Abuse and Mental Health Services Administration.

It acts as a stimulant at low doses and a sedative at high doses, according to the US Drug Enforcement Administration, which says kratom can be addictive and can cause hallucinations, delusions and confusion. The DEA considers kratom a drug and chemical of concern, but it is not a controlled substance. The US Food and Drug Administration has not approved any pharmaceutical products containing kratom or its main chemical components.

State Rep. Rick Townsend, a Brunswick Coast Republican, sponsored the legislation after being contacted by Anne and Larry Rogers, a couple from his district whose son Wes died after using kratom.

It really shook me up, he said of that phone call, which prompted him to research kratom. His initial plan was to try to ban it, he said, but eventually decided to add regulations.

This is a joyful day, but it is not a joyful day because we have lost loved ones because of it. But at least right now we can try to save some others in the process, Townsend said at a press conference after the governor signed the bill into law. They were joined by the Rogers and two other families who say they lost loved ones who used kratom.

US health officials said in a report published in 2019 that kratom was the cause of 91 overdose deaths in 27 states. While most of the people who died had also taken heroin, fentanyl or other drugs, kratom was the only substance detected in seven of the deaths.

Dana and John Pope, whose son Ethan died after using kratom have filed a lawsuit against individuals, companies and organizations linked to the manufacture, marketing and sale of kratom. Dana Pope said at the press conference that the product her son took would be illegal under the new law, so they truly hope that his death prevents other families from having to endure the pain and loss that we have.

The American Kratom Association, a trade organization and advocacy group, had urged people to contact Georgia Gov. Brian Kemp to ask him to veto the bill, saying it adds criminal penalties for to sellers, it complicates product configurations and will limit the availability of kratom to consumers. Georgia

Mac Haddow, the association’s senior public policy fellow, said Thursday that the organization supports regulations to protect consumers. But he said they are disappointed that this law does not designate a state agency to make sure kratom products are properly formulated and labeled. That could make retailers hesitant to sell kratom products if they’re not sure they’re complying with the law, he said.

The association hopes to work with Georgia lawmakers during the next legislative session, which begins in January, to quickly address these issues, Haddow said.

Georgia legislation raises the age to purchase kratom from 18 to 21. It also prohibits the use of kratom with any type of vaping device or the sale of kratom intended for use in a vaping device.

The law clarifies the definition of kratom and limits the levels of kratom’s two main chemical components, mitragynine and 7-hydroxymitragynine, allowed in one serving of a kratom product. It also requires labels to include the recommended serving size and time frame for safe consumption and limits the claims about benefits that can be made on labeling.

Violations of some parts of the law, including selling kratom to a minor, will be a misdemeanor and carry a fine of up to $250 for a first offense, up to $500 for a second offense and up to $1,000 for each subsequent offense.

Processors and retailers who knowingly or with criminal negligence violate other sections of the law related to the production or labeling of kratom products may be charged with a felony punishable by one to 15 years in prison, a fine of up to to $100,000 or both.