The proposed "Kratom Consumer Protection Act" establishes a regulatory framework for the sale and distribution of kratom products in Montana. It includes definitions for key terms such as "kratom," "kratom product," and "distributor," and sets limitations on the composition of kratom products, specifically capping the level of 7-hydroxymitragynine at 2% of the alkaloid composition. The act prohibits the sale of kratom products that are attractive to children, contain harmful ingredients, or are intended for vaporization or injection. Additionally, it mandates that all kratom products must be registered with the Department of Revenue, which will oversee compliance and enforcement, including the seizure of unregistered products.

The act also outlines labeling requirements for kratom products, including health warnings and ingredient disclosures, and establishes penalties for violations, ranging from misdemeanors for non-compliance to felonies for selling products containing controlled substances. The Department of Revenue is tasked with creating rules for the registration process and ensuring that products meet safety standards. Furthermore, the act includes a provision for federal preemption, stating that if federal regulations regarding kratom are enacted, they will take precedence over state law.