The "Kratom Consumer Protection Act" is a legislative proposal aimed at regulating the preparation, distribution, and sale of kratom products within Title 21 of the General Laws. The bill defines kratom products, which are derived from the Mitragyna speciosa plant, as dietary ingredients, dietary supplements, or botanical supplements, and it outlines restrictions on the sale of adulterated, contaminated, or synthetic alkaloid-containing products, as well as those that are combustible or appealing to underage individuals. It mandates proper labeling with health warnings and directions for use, and requires that the FDA has not evaluated the product. Processors must register each kratom product annually with the civil division of the Rhode Island attorney general’s office, providing a certificate of analysis from an accredited laboratory, and retailers must pay an annual registration fee. The bill allows for independent testing of kratom products and sets penalties for non-compliance.

Significant changes include the removal of mitragynine and 7-hydroxymitragynine from the list of schedule I controlled substances, effectively decriminalizing these substances. The bill restricts the sale of kratom products to underage individuals and outlines escalating fines for violations, with the possibility of retailer registration revocation after a third offense. Retailers may be exempt from penalties if they can show good faith reliance on manufacturer or distributor claims. The bill also subjects kratom products to sales and use tax and limits the director of health's authority to classify these substances as schedule I. Federal regulations on kratom will take precedence over state laws, and the bill is slated to take effect on January 1, 2025, with the goal of preventing the adulteration of kratom and ensuring safe consumer use through proper labeling.

Statutes affected:
2704  SUB A: 21-28-2.03
2704: 21-28-2.3