Pennsylvania proposal would restrict kratom sales and tax natural products

The proposal would ban making, delivering, or selling synthetic kratom products, and possessing them with intent to make, deliver, or sell. Synthetic products include products above the stated limits for certain kratom compounds, products with synthetic kratom compounds, and products containing kratom that are not natural kratom products. The ban would not apply to people registered under Pennsylvania's controlled-substances law or appropriately licensed practitioners who prescribe or dispense these products. This section would take effect immediately if the bill becomes law.

Processors and retailers would have to register with the Department of Health before operating and renew their registration each year. These rules cover processors and retailers of natural kratom products, including kratom leaf or leaf powder, alone or in an intermediate or finished product. Registration and renewal fees could each be no more than $100. The department would use collected fees to enforce the act. Processors and retailers could not provide natural kratom products to anyone under 21. Retailers would scan identification to check age and could not sell or share scan data, but could show it to officials to prove compliance. Labels would identify the processor, say the product has not been evaluated by the FDA, confirm its natural form, and warn to keep it away from minors. The department could require other public-health warnings as a registration condition. Products would need resealable, child-resistant packages. Marketing, packaging, labels, and manufacturing could not appeal to people under 21, make medical claims, or resemble commercial food, candy, or drinks. These rules would take effect 90 days after the bill becomes law.

A tobacco products tax would be imposed on a dealer or manufacturer when a natural kratom product is first sold to a retailer in Pennsylvania. The tax would apply at the first sale of a natural kratom product to a retailer in Pennsylvania. The tax would be imposed as provided under Article XII-A of the Tax Reform Code of 1971. This section would take effect immediately if the bill becomes law.