March 4, 2021

South Dakota and Oklahoma Enact Kratom Regulation Acts

American states South Dakota and Oklahoma have successfully passed kratom regulation acts this week. Both acts could be considered pro-kratom legislation, as each introduces measures to protect kratom consumers, not punish them.

South Dakota

On March 3rd, 2021, South Dakota legislators passed House Bill 1262, which illegalized kratom's sale, use, distribution, and possession for anyone under 21. That age restriction mirrors existing bills in states like Florida and Utah.

Those who violate the act by deliberately selling or giving kratom to individuals under 21 will face Class 2 misdemeanours. Individuals under 21 caught using or possessing kratom in South Dakota will face similar charges.

South Dakota House Bill 1262

Republican Representative Carl Perry, who sponsored the bill, said, "This will make it easier in schools and for superintendents and for everyone because this way [kratom isn't] out there running wild.”

Mac Haddow of the American Kratom Association voiced his support for the bill before it had passed. On February 26th, 2021, he tweeted, "...with the Governor's signature, [South Dakota] will become the 5th state to enact responsible regulations on protecting kratom consumers rather than the FDA's anti-kratom propaganda campaign to ban kratom."

Oklahoma

On March 1st, 2021, Oklahoma state legislators passed House Bill 2846, a far more robust kratom act. Entitled the "Oklahoma Kratom Consumer Protection Act (KCPA)," it introduces measures that regulate how kratom is packaged and sold.

From now on, kratom vendors in Oklahoma must comply with kratom product strength and ingredient standards. For instance, legislators hope to reduce the harm associated with "spiked" and unnatural levels of the kratom alkaloid 7-hydroxymitragynine (7-HMG) by restricting its amount in kratom products to 2%. Oklahoma kratom vendors are also prohibited from fortifying their products with other harmful, non-kratom ingredients or synthetic alkaloids.

The Oklahoma KCPA also aims to increase product transparency. Going forward, Oklahoma kratom vendors must label their kratom products with:

  • A list of ingredients

  • A warning label prohibiting the sale to individuals under 18

  • The total mitragynine and 7-HMG content

  • Directions for use

  • The location of manufacture

Similar to South Dakota's recently-passed kratom act, Oklahoma's KCPA also introduces an age restriction for selling kratom. Those who sell or distribute kratom products to individuals under 18 will face misdemeanour charges, up to 1 year in jail, fines of up to $1000, and damages.

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