Kratom Chronicles: Maryland Steps Up Herbal Saga, Other States Leafing Through Their Laws
On April 4, 2024, Maryland's legislature passed a Kratom Consumer Protection Act, making it the 13th state to do so. The act will become law if signed by Gov. Wes Moore. This legislation aims to prohibit kratom sales to individuals under age 21 and mandates clear labeling on its products. This development closely followed Kentucky Gov. Andy Beshear's enactment of a similar law the previous week.
Kratom is an herbal supplement readily available in gas stations, smoke shops, and online. It has gained popularity for its potential to counter opioid addiction and alleviate various forms of physical and mental discomfort.
Derived from a tree native to Southeast Asia, kratom leaves contain compounds that can have varying effects on consumers, from psychoactive reactions to sedative outcomes, depending on the dosage. Kratom is related to the coffee plant, but its main active compound, mitragynine, can mimic opioids at high doses or act as a stimulant when consumed in smaller amounts.
However, the Mayo Clinic has issued warnings about kratom's variable potency, which could lead to severe health risks like seizures or comas in adverse reactions. In fact, researchers report that a kratom product purchased in January compared to another purchased in February can vary drastically in their effects. Moreover, the sale of kratom has been under scrutiny due to lawsuits from families alleging that their relatives died from kratom consumption, with Pennsylvania courts handling several such cases.
The U.S. Food and Drug Administration prohibits the marketing or sale of kratom as a drug or dietary supplement. Nonetheless, there is no federal ban on kratom. It is entirely illegal in only five states: Wisconsin, Indiana, Arkansas, Alabama, and Rhode Island. Neither Pennsylvania nor New Jersey has passed any laws to regulate or ban kratom, despite attempts to do so through legislation.
The recent passage of the Kratom Consumer Protection Act in Maryland presents a compelling case for adopting similar regulatory measures in both Pennsylvania and New Jersey. The current lack of regulation surrounding kratom products poses significant risks to consumers, leaving them unprotected from potentially harmful effects. This situation underscores the urgent need for state legislatures to step in and establish a robust regulatory framework.
To safeguard public health and ensure consumer safety, Pennsylvania and New Jersey should consider the Maryland bill as a model for crafting their legislation. Such laws should:
- mandate the licensing of kratom vendors,
- enforce stringent labeling requirements that clearly disclose psychoactive effects and potential risks, and
- introduce a permitting system for those wishing to sell kratom.
These measures are not merely bureaucratic hurdles; they are essential tools to protect consumers from undisclosed health risks and to ensure that only responsible vendors enter the market. Given the kratom industry’s praise of the Maryland law, these manufacturers are willing to work with the legislature to pass responsible legislation.
The absence of federal regulation on kratom places the responsibility squarely on state governments to act decisively. Without federal oversight, the approach to kratom regulation is fragmented, creating a patchwork of laws that confuse consumers and complicate enforcement. By adopting comprehensive regulations, states like Pennsylvania and New Jersey can take a proactive stance in educating their citizens about kratom, highlighting both its uses and its dangers. This approach enables consumers to make informed decisions, grounded in transparency and accountability.
The need for state-level action on kratom regulation cannot be overstated. By implementing sensible regulations, such as those outlined in the Maryland bill, Pennsylvania and New Jersey can lead the way in consumer protection, setting a precedent for other states to follow. It is time for state legislatures to recognize the importance of regulating kratom and to take bold steps to ensure the well-being of their citizens. The health and safety of the public should be the paramount concern. Through thoughtful regulation, states can mitigate risks associated with kratom.
In the current landscape where kratom remains largely unregulated at the federal level, and with varying degrees of oversight at the state level, it is crucial for potential kratom users to exercise a high degree of diligence. Individuals considering kratom for its purported benefits must not only scrutinize the products from a health perspective, but also actively seek out and critically evaluate the information provided by manufacturers. This includes understanding the source, composition, and recommended dosages of kratom products, as well as being fully informed about any potential adverse side effects.
For information about national and state cannabis law matters and regulatory compliance, please contact our Cannabis Law Practice Group attorneys: William J. Beneduce, Esquire (wjbeneduce@norris-law.com) for New Jersey Cannabis matters or contact our offices at (908)722-0700.