As of January 1, 2025, Georgia has implemented a new law to regulate kratom sales, marking a significant shift in how the state addresses this controversial substance. Kratom, derived from the leaves of the Mitragyna speciosa tree native to Southeast Asia, has gained popularity for its purported effects, including mood enhancement and pain relief. However, concerns over its safety and potential for abuse have led to a complex legal landscape across the United States.

Understanding Kratom

Kratom is used in various forms, including capsules, powders, and liquids, and is often found in gas stations and smoke shops. Proponents claim it is a natural and safe herbal supplement, while the U.S. Drug Enforcement Administration (DEA) considers it a “drug and chemical of concern” due to its potential for addiction and adverse effects such as hallucinations, delusions, and confusion. Despite these concerns, kratom is not federally regulated, meaning there is no government oversight on the quality and safety of kratom products sold in the U.S.

The New Georgia Law: A Comprehensive Overview

The new Georgia law, known as the Kratom Consumer Protection Act (KCPA), aims to create a safe market for kratom by addressing key concerns such as age limits, adulterants, and labeling requirements. Authored by State Representative Rick Townsend, the bill (HB 181) includes several provisions designed to protect consumers and provide clarity for kratom vendors.

Key Provisions of the Law

• Age Restrictions: It is illegal to sell kratom to anyone under 21 years of age.
• Banned Methods of Ingestion: The law prohibits the use or sale of kratom products intended for vaporization via electronic cigarettes, pipes, or similar devices.
• Retail Regulations: Kratom products must be sold behind a store counter and only accessible by store employees from a secured display.
• Limits on Adulterants: The law prohibits the sale of adulterated or synthetic kratom products, including those containing unapproved additives or very high levels of the synthetic alkaloid 7-hydroxymitragynine.
• Concentration Limits: Kratom products cannot contain more than 150 mg of mitragynine per serving, 0.5 mg of 7-hydroxymitragynine per gram, or 1 mg of 7-hydroxymitragynine per serving.
• Labeling Requirements: Kratom packaging must include instructions for safe use, detailing appropriate serving sizes and consumption timeframes, as well as consumer warnings, including a statement that the U.S. Food and Drug Administration (FDA) has not authorized kratom for any therapeutic purposes.

Penalties for Violations

Violations of the new regulations will result in fines. For example, selling kratom to minors can result in a fine up to $250 for a first offense, $500 for a second offense, and $1,000 for a third or further offense. Processors and retailers who knowingly or with criminal negligence violate other sections of the law regarding the production or labeling of kratom products can be charged with a felony punishable by one to 15 years in prison, a fine of up to $100,000, or both.

History of the Bill

The Georgia legislation began as a proposed ban but shifted to a robust set of regulations. State Representative Rick Townsend initially intended to ban kratom after a phone call from Anne and Larry Rogers, whose son died after using kratom. However, Townsend eventually decided to add regulations instead. The bill was signed into law by Governor Brian Kemp in May 2024.

Reactions to the New Law

Supporters

The Global Kratom Coalition celebrates the new law for setting a new standard for consumer safety and responsible kratom regulation. Matthew Lowe, Executive Director of the Global Kratom Coalition, praised Representative Rick Townsend for his leadership in crafting legislation that prioritizes consumer safety while ensuring responsible access to kratom.

Critics

The American Kratom Association (AKA) has expressed concerns about the lack of enforcement mechanisms by a state agency, leaving local authorities to levy penalties and press charges against those who violate the law. Mac Haddow of the AKA believes that the law, written by the same lawmaker who sought to ban kratom, is a gift to trial lawyers and others who want to demonize kratom.

Kratom Legality Across the United States

Kratom’s legal status varies significantly by state and municipality. While kratom is legal at the federal level, some states and cities have chosen to ban the substance, making it illegal to sell, possess, grow, or use it. As of the writing of this article, kratom is fully banned in Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Other states, such as California, Nevada, and Texas, have legalized kratom with age restrictions.

The Kratom Consumer Protection Act (KCPA)

The Kratom Consumer Protection Act (KCPA) is a model law that aims to protect the legality of kratom while allowing regulators to set requirements, such as a minimum age. Several states have enacted the KCPA to protect consumers against unregulated products, which might include synthetic kratom, fentanyl, or other dangerous ingredients.

The Future of Kratom Regulation in Georgia

With the new law in effect, the collective eyes of kratom advocates across the country are zeroing in on Georgia and its approach to offering a regulated market to customers. The effectiveness of the law will depend on how state and local agencies apply the regulations and whether the state can find a way to enforce the law in a fair and measured manner. The AKA has indicated that it may renew its objection to the law in the 2025 session due to Georgia’s legislative schedule.