Kratom (Mitragyna speciosa), an extract of a Southeast Asian plant that contains psychoactive chemicals is on the rise in the United States and Oregon. With many questions remaining to be answered on safety and other issues related to the substance, and no federal oversight of the drug, states are taking to imposing individual regulations on the drug.

Passed unanimously in the House on Tuesday, HB 4013 would make selling kratom products to minors (under 21) a misdemeanor punishable by up to 30 days in prison, a fine of $1,250, or both. The bill also directs the Oregon Health Authority, Oregon Liquor Control Commission, state Department of Agriculture, and the Governor’s office to come together with kratom industry members to develop a regulatory plan for the drug. Under the bill, the plan would be due to the Legislature for consideration by the end of 2020. 

Chief sponsor of HB 4013, Representative Bill Post (R-Keizer), remarked on the proposal in his floor speech, “this bill is a first step to ensure the consumers in Oregon have safe access to kratom, by bringing agencies and the industry together in developing a well thought out set of policy recommendations next year.”

The original bill provided comprehensive regulatory policy on kratom, but was modified in committee to allow for more information to be obtained, and a collaborative process to ensue prior to regulation.

Kratom, according to the the United States Centers for Disease Control and Prevention (CDC), can be used for both a central nervous system stimulant and depressant depending on dosage. 

Currently, kratom is legal in all but six states- Alabama, Arkansas, Indiana, Tennessee, Vermont, and Wisconsin. The Food and Drug Administration (FDA) considers kratom to be a new dietary ingredient without established safety guidelines for dietary use. Though it is not yet regulated as a drug, in 2018 the FDA found scientific evidence of the presence of opioid compounds in kratom, underscoring its potential for abuse as well as its potential to be used as an opioid type medication. A recent CDC study suggests that kratom might be dangerous, especially when used with other drugs. The analysis found that there were 152 drug overdose deaths from July 2016 to June 2017 in which the deceased tested positive for kratom.

In her comments on the bill, Representative Caddy McKeown (D-Coos Bay) noted, “the piece that’s missing is what this substance really is. Is it a food supplement? Is it a food? Is it a drug? There’s no federal regulation at this point in time. It’s imported into the country and we don’t have a lot of data about it.” 

The bill would seek to resolve some of these unanswered questions through the regulatory planning recommendation process.

The bill is supported by Association of Oregon Counties (AOC), and aligns closely with a legislative resolution AOC moved at the 2019 Annual Conference seeking funding and additional information and research on impact of kratom to public health.

HB 4013 quickly moved to the Senate committee on judiciary and is scheduled for a public hearing and possible work session on February 20. 

For questions about the bill, please contact AOC Legal Counsel, Rob Bovett

Contributed by: Megan Chuinard | Public Affairs Associate