Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB393

Introduced
9/5/23  
Refer
9/5/23  
Report Pass
2/12/24  
Refer
2/12/24  

Caption

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

Impact

The impact of AB393 is significant as it changes the legal standing of kratom from a banned substance to a regulated product, allowing businesses to legally produce and sell kratom with compliance to safety standards. Processors must adhere to guidelines on product quality, including labeling and safety testing, which aims to protect consumers while fostering a legal market for kratom products. The bill introduces penalties for non-compliance, including a potential Class C misdemeanor for violations.

Summary

Assembly Bill 393 aims to regulate kratom products in Wisconsin by removing kratom from the schedule of controlled substances and legalizing its manufacture, distribution, delivery, and possession, subject to certain conditions. This bill redefines kratom products as those made from any part of the Mitragyna speciosa plant intended for human or animal consumption. It establishes requirements for processors, mandating that they obtain a food processing plant license and register their products with the Department of Agriculture, Trade and Consumer Protection (DATCP) before distribution.

Conclusion

Overall, AB393 positions Wisconsin to establish a regulated framework for kratom, aiming to balance consumer access with safety precautions. As the bill progresses, discussions will likely continue to highlight the tension between public health advocacy and the push for economic benefits from a legally recognized kratom industry.

Contention

Notable points of contention surrounding AB393 arise from concerns regarding public health and safety versus economic opportunity. Supporters argue that regulation enhances consumer safety by ensuring that kratom products are properly tested and labeled, while opponents may express concerns about potential health risks associated with kratom use, leading to calls for stricter oversight. The bill's approach to manage sales, particularly prohibiting sales to those under the age of 21, is a focal point for discussions on responsible access to kratom.

Companion Bills

No companion bills found.

Previously Filed As

WI AB464

Prevailing wage, granting rule-making authority, and providing a penalty. (FE)

WI SB490

Prevailing wage, granting rule-making authority, and providing a penalty. (FE)

WI SB77

Ban kratom and kratom products and to provide a penalty therefor.

WI HB1151

Ban kratom and kratom products and to provide a penalty therefor.

WI SB1045

Legalizing the possession of cannabis; medical cannabis; expunging or adjusting past convictions for marijuana-related crimes; regulating the production, processing, transportation, testing, and sale of cannabis; granting rule-making authority; providing an exemption from emergency rule procedures; making an appropriation; and providing a penalty. (FE)

WI AB1061

Legalizing the possession of cannabis; medical cannabis; expunging or adjusting past convictions for marijuana-related crimes; regulating the production, processing, transportation, testing, and sale of cannabis; granting rule-making authority; providing an exemption from emergency rule procedures; making an appropriation; and providing a penalty. (FE)

WI H1489

Kratom Products

WI SB1868

Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.

WI AB62

Health care costs omnibus, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

WI SB50

Health care costs omnibus, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

Similar Bills

AZ HB2304

appropriations; transportation projects

AZ HB2304

Appropriations; highway and road projects

TX SB2021

Relating to the interconnection and integration of distributed energy resources.

CA SB913

Resource adequacy: aggregated distributed capacity resources.

CA AB1975

Electrical corporations: distribution grid utilization metric.

NV SB379

Revises provisions relating to commerce. (BDR 55-336)

US HB1664

Deploying American Blockchains Act of 2025

IN SB0518

School property taxes.