Amendment ASA2-AB393

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 393

January 19, 2024 - Offered by Representative Murphy.

AB393-ASA2,1,2 An Act to repeal 961.14 (7) (mk) and 961.14 (7) (mL); and to create 100.365 and 941.41 of the statutes; relating to: regulating kratom and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB393-ASA2,1 Section 1 . 100.365 of the statutes is created to read:

AB393-ASA2,1,4 100.365 Kratom. (1) In this section:

AB393-ASA2,1,8 (a) “Certificate of analysis” means a confirmation in writing from an independent laboratory certifying that the independent laboratory has analyzed and tested a kratom product and the kratom product meets the requirements specified under sub. (6) (a) 1. to 5.

AB393-ASA2,1,11 (b) “Kratom product” means any part of a leaf of the Mitragyna speciosa plant and any botanical supplement intended for human consumption made from any part of a leaf of the Mitragyna speciosa plant.

AB393-ASA2,2,3 (c) “Processor” means any person who prepares or processes a kratom product and sells, offers for sale, or distributes the kratom product to a wholesaler or retail seller.

AB393-ASA2,2,5 (2) A processor may only prepare, process, sell, offer for sale, or distribute a kratom product if all of the following apply:

AB393-ASA2,2,9 (a) The processor submits to the department a certificate of analysis for the kratom product for the kratom product's inclusion on the department's kratom products registry list under sub. (4) (a) and, if applicable, pays the fee charged by the department in accordance with sub. (4) (b).

AB393-ASA2,2,11 (b) The processor follows the guidelines set forth in 21 CFR part 111 in regards to a botanical supplement.

AB393-ASA2,2,16 (3) (a) For in-person sales, a person may not sell, offer for sale, or distribute a kratom product unless the person has on the premises of the sale, offer for sale, or distribution a certificate of analysis from the kratom product's processor, and the person keeps or displays the kratom product in a manner in which only the person and the person's employees can access it before sale or distribution.

AB393-ASA2,2,20 (b) For online sales, a person may not sell, offer for sale, or distribute a kratom product unless the person verifies the buyer's identity, age, and location and the person has posted in the same online location as the sale, offer for sale, or distribution a certificate of analysis from the kratom product's processor.

AB393-ASA2,2,22 (4) (a) The department shall maintain a publicly accessible registry of kratom products for which it has received a certificate of analysis.

AB393-ASA2,2,25 (b) To maintain the registry under par. (a), the department may charge kratom product processors who submit a certificate of analysis under sub. (2) (a) a reasonable fee.

AB393-ASA2,3,2 (5) A person who violates sub. (2) (a) or (3) shall be subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

AB393-ASA2,3,4 (6) (a) A processor may not sell, offer for sale, or distribute a kratom product if any of the following applies:

AB393-ASA2,3,7 1. The kratom product is mixed or packed with a substance other than kratom product that affects the quality or strength of the kratom product to such a degree that the kratom product may cause injury.

AB393-ASA2,3,10 2. The kratom product contains a poisonous or otherwise deleterious ingredient other than kratom, including any controlled substance, as defined in s. 961.01 (4), or any controlled substance analog, as defined in s. 961.01 (4m).

AB393-ASA2,3,14 3. The kratom product contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2 percent of the alkaloid composition of the kratom product in the recommended serving size as shown on the kratom product's registered product label.

AB393-ASA2,3,17 4. The kratom product contains any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the Mitragyna speciosa plant.

AB393-ASA2,3,21 5. The kratom product does not include a product label on its packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the recommended serving size as shown on the kratom product's registered product label.

AB393-ASA2,3,23 (b) A processor who violates par. (a) may be subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

AB393-ASA2,4,2 (c) A processor does not violate par. (a) if the processor shows by a preponderance of the evidence that the processor relied in good faith on the representation of a manufacturer, a packer, a distributor, or another processor relating to a product represented to be a kratom product.

AB393-ASA2,2 Section 2. 941.41 of the statutes is created to read:

AB393-ASA2,4,5 941.41 Kratom. (1) No person may sell, offer for sale, or distribute a kratom product, as defined in s. 100.365 (1) (b), to any person under the age of 21.

AB393-ASA2,4,6 (2) A person who violates sub. (1) is guilty of a Class C misdemeanor.

AB393-ASA2,3 Section 3 . 961.14 (7) (mk) of the statutes is repealed.

AB393-ASA2,4 Section 4 . 961.14 (7) (mL) of the statutes is repealed.

AB393-ASA2,5 Section 5 . Nonstatutory provisions.

AB393-ASA2,4,16 (1) Notice of scheduling. Before September 1, 2024, the controlled substances board shall meet and determine if published and peer-reviewed research provides clear and convincing evidence that the substances under s. 961.14 (7) (mk) and (mL) in their natural state in the leaf of the Mitragyna speciosa plant meet the criteria for scheduling under s. 961.11 (1m). If the controlled substances board determines that the substances do meet the criteria, the board shall notify the legislative reference bureau of its determination.

AB393-ASA2,4,19 (2) Voiding treatments. If the notice specified in sub. (1) is received by the legislative reference bureau before September 1, 2024, the treatment of ss. 100.365, 941.41, and 961.14 (7) (mk) and (mL) is void.

AB393-ASA2,6 Section 6 . Effective dates. This act takes effect on the day after publication, except as follows:

AB393-ASA2,4,24 (1) Kratom regulation. Unless the treatments are voided under Section 5 (2) of this act, the treatment of ss. 100.365, 941.41, and 961.14 (7) (mk) and (mL) takes effect on September 1, 2024.

AB393-ASA2,4,25 (End)