Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB233

Introduced
2/4/25  

Caption

Prohibiting the preparation, manufacture, sale or distribution of unsafe kratom products and the sale or distribution of kratom products to individuals younger than 21 years of age; providing for duties of Department of Health; and imposing penalties.

Summary

SB233, known as the Kratom Consumer Protection Act, would regulate the preparation, manufacture, sale, and distribution of kratom products in Pennsylvania. The bill prohibits processors and retailers from handling kratom products that are adulterated, contaminated with certain controlled or poisonous substances, contain excessive residual solvents, include more than 2% 7-hydroxymitragynine in the alkaloid fraction, contain synthetic kratom alkaloids, or lack adequate ingredient and use labeling, including a recommended serving size. The bill also sets a minimum age of 21 for the sale or distribution of kratom products. It assigns enforcement authority to the Department of Health, which may adopt regulations to implement the act. Violations would be subject to administrative fines that increase with repeat offenses, and the department could require a plan of correction for noncompliance. Fine revenue would be deposited in the State Treasury and credited to the department for administering and enforcing the law.

Impact

SB233 would add a new state regulatory framework specifically for kratom products, supplementing existing drug and cosmetic laws by creating product standards, age restrictions, and enforcement mechanisms. It would affect kratom processors, retailers, and consumers by imposing manufacturing and labeling requirements, banning certain formulations, and limiting sales to adults 21 and older. The Department of Health would gain explicit oversight and rulemaking authority, and administrative penalties would be available for violations.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be framed as a consumer protection and public health measure rather than a punitive drug-control bill. The sponsors from both parties suggest some bipartisan interest in regulating kratom rather than banning it outright. No formal vote history or transcript is available here to show broader legislative support or opposition.

Contention

The main points of potential contention are likely the age restriction, the product-content limits, and the state’s authority to regulate a substance that is legal but controversial. Retailers and kratom advocates may object to the 21-and-over sales limit, the 2% 7-hydroxymitragynine threshold, and the ban on synthetic alkaloids if they believe these rules are overly restrictive or difficult to comply with. Public health supporters are likely to favor the bill’s focus on adulteration, labeling, and consumer safety, while opponents may argue that it could burden lawful businesses or limit adult access to kratom products.

Companion Bills

No companion bills found.

Previously Filed As

PA SB6287

Concerning the preparation, distribution, and sale of kratom products.

PA HB4969

Food: other; regulation of distribution, sale, and manufacturing of kratom products; provide for. Creates new act.

PA HB1056

Prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.

PA HB875

Kratom; manufacturing, selling, giving, distributing, or possessing, penalties.

PA HB2230

Enacting the kratom consumer protection act, defining kratom as a food product, prohibiting the distribution and sale of kratom that is adulterated, requiring persons to be at least 21 years of age to purchase such product, establishing civil fines for violations of the act and requiring the secretary of agriculture to adopt rules and regulations for the administration of the act.

PA S10514

Enacts the "synthetic kratom kills act" to prohibit harmful synthetic and adulterated kratom products; provides that no person, manufacturer, retailer, or other entity shall manufacture, distribute, sell, or offer for sale: synthesized kratom material; any adulterated kratom product; a kratom product that is combustible or intended to be used for vaporization, aerosolization, or injection; a kratom product that is incorporated into, or marketed or labeled as, a conventional food or beverage product; a kratom product that contains flavoring agents or additives specifically designed or marketed to appeal to individuals under twenty-one years of age; a kratom product not contained in child-resistant packaging; a kratom product that mimics a candy product or is manufactured, packaged, or advertised in a way that can be reasonably considered to appeal to individuals under twenty-one years of age; any kratom product to an individual under twenty-one years of age; and any kratom product in which the concentration of 7-hydroxymitragynine exceeds two percent of the concentration of total alkaloids; requires testing and clear labeling.

PA HB587

Regards sales of kratom products

PA SB299

Regards sales of kratom products

PA HB3067

Creates new provisions relating to the sale of kratom products

PA HB3147

Creates new provisions relating to the sale of kratom products

Similar Bills

CA AB1612

Disposition of controlled substances.

MA H2227

Replacing archaic and stigmatizing language for substance use

US HB830

SAFE Act Save Americans from the Fentanyl Emergency Act

MI HB4948

Controlled substances: other; sentencing guidelines for retail sale of products containing ephedrine or pseudoephedrine; modify. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4947'25

NJ S829

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1617

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1203

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.

NJ S2271

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.