Creates new provisions relating to the sale of kratom products
Summary
HB 1037 creates the “Kratom Consumer Protection Act” and adds a new section to Missouri law governing the sale and labeling of kratom products. The bill defines “kratom” as products containing parts of the Mitragyna speciosa leaf and defines “dealer” broadly to include manufacturers, wholesalers, retailers, food service businesses, and certain institutions that sell or handle kratom. Dealers must disclose the factual basis for any representation that a product is kratom, and they are prohibited from selling kratom that is adulterated, contaminated, contains synthetic alkaloids, or has a 7-hydroxymitragynine level above 2% of the alkaloid composition. Products must also label the amounts of mitragynine and 7-hydroxymitragynine.
Impact
The bill would add new consumer-protection and product-safety requirements to Chapter 196, RSMo, specifically regulating kratom sales in Missouri. It creates labeling and disclosure obligations, bans certain adulterated or synthetic kratom products, and sets a minimum age of 21 for sales. It also establishes enforcement consequences, including an infraction for disclosure violations, a class D misdemeanor for prohibited sales, and a private right of action for people harmed by violations, while providing a good-faith defense for dealers relying on supplier representations.
Sentiment
The available voting history suggests the bill was broadly supported in the House, passing third reading 148-2. That margin indicates strong bipartisan or near-unanimous agreement that kratom should be regulated rather than left unaddressed. No committee transcript is available, so the record does not show detailed debate, but the vote suggests the bill was generally viewed favorably as a consumer-safety measure.
Contention
The main points of contention likely concern how tightly kratom should be regulated, especially the age restriction, the ban on synthetic alkaloids, the 2% threshold for 7-hydroxymitragynine, and the private right of action that could expose dealers to civil liability. Potentially affected parties include kratom retailers, manufacturers, wholesalers, restaurants, convenience stores, and other businesses that sell kratom products, as well as consumers and individuals who may use kratom for wellness or pain-related purposes. The broad dealer definition and criminal penalties may also raise compliance concerns for businesses handling products sourced through complex supply chains.