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Published on May 03, 2024
Georgia Cracks Down on Kratom: Governor Kemp Signs Law Imposing Stricter Regs on Herbal Supplement SalesSource: Unsplash/ Scott Graham

Georgia Governor Brian Kemp has inked a new law tightening controls on the production and sale of the controversial herbal supplement, making the state's regulations among the strictest as the nation grapples with the substance's pros and cons.

The legislation adds a battery of requirements that includes age restrictions, concentration limits, and robust labeling guidelines for kratom products, derived from an Asian tropical tree and commonly found in stores ranging from gas stations to specialty smoke shops, where it's touted as a remedy for pain, anxiety, and opioid withdrawal symptoms, however, critics caution about its addictive potential and a lack of FDA approval for any kratom-containing drug products, this despite the plant's increasing popularity, cited in a Substance Abuse and Mental Health Services Administration survey showing a user base of some 1.7 million Americans in 2021.

With input from bereaved families who attribute the loss of their loved ones to kratom use, the new Georgian law makes it illegal to sell the substance to anyone under 21 years old, stipulating that products must be kept behind the counter or in a locked display accessible only to employees, and it also prohibits kratom's use with vaping devices or any sale intended for vaporizing, according to information acquired by WABE.

The American Kratom Association (AKA), an organization advocating for the herbal supplement, had campaigned against the bill, urging Governor Kemp to veto the proposal, which they argue could criminalize vendors and hinder product availability, "adds criminalization penalties for vendors, complicates product configurations, and will limit kratom availability for consumers in Georgia," Mac Haddow, a policy fellow for the AKA, told WABE, the association expressed disappointment over the lack of a designated state agency to ensure proper formulation and labeling under the new law which could make compliance a challenging maze for retailers wary of incurring heavy fines or even felony charges.

State Rep. Rick Townsend, moved to action after a fatal kratom-related incident in his district, sponsored the newly-signed legislation, recounting the impactful call with the afflicted parents that spurred his initial ban proposal before settling on regulatory measures; penalties for violations of this law can range from misdemeanors with up to $1,000 fines to felonies that might command as much as 15 years of imprisonment and $100,000 in fines, a strict enforcement regime signaling the state's commitment to mitigating risks linked to the herbal supplement, while possibly igniting further debate on kratom's place in the wider health and legal landscape.