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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
kratom products; enforcement; financial institutions
Purpose
Prohibits state agencies from taking enforcement action against a kratom retailer unless kratom is classified as a controlled substance.
Background
Mitragyna speciosa, commonly known as kratom, is a tropical plant native to southeast Asia whose main constituent alkaloids are mitragynine and 7-hydroxymitragynine. The kratom plant's leaves, if consumed or ingested, can produce both stimulant and sedative effects in different doses (U.S. DEA).
Kratom qualifies as a dietary ingredient under the Federal Food, Drug and Cosmetic Act and is regulated by the Food and Drug Administration (FDA) as a dietary supplement. Kratom has not been approved by the FDA for any medical use and is not scheduled as a controlled substance by the U.S. Drug Enforcement Administration (U.S. DEA) (FDA Import Alert 54-15; 21 U.S.C. §§ 321; 342; and 350).
Laws 2019, Chapter 156, known as the Kratom Consumer Protection Act, established regulations for the retail sale of kratom products and outlines prohibitions and penalties for kratom dealers who prepare, distribute or sell kratom products that do not meet specified requirements.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a state agency from taking any enforcement action against a person who sells kratom products when such products are sold as a food or dietary ingredient unless the U.S. DEA classifies kratom as a schedule I controlled substance.
2. Replaces the term dealer with the term retailer.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes proposed language that precludes specified financial entities from refusing or terminating service to kratom retailers and obligates a financial entity who has terminated or refused services to a kratom retailer to accept or reestablish service.
Senate Action
HHS 2/10/21 DPA 5-2-1
Prepared by Senate Research
February 12, 2021
CRS/kja