LRB-3796/1
JAM&EAW:skw
2021 - 2022 LEGISLATURE
2021 Assembly BILL 599
October 7, 2021 - Introduced by Representatives Murphy, Cabral-Guevara,
Sinicki and Wichgers, cosponsored by Senators Felzkowski and L. Taylor.
Referred to Committee on State Affairs.
AB599,1,3 1An Act to repeal 961.14 (7) (mk) and 961.14 (7) (mL); and to create 100.365 and
2941.41 of the statutes; relating to: regulating kratom products, granting
3rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill defines kratom products as products intended for human or animal
consumption, including food, drink, chewing gum, and food supplements, made from
any part of a leaf of the Mitragyna speciosa plant, and legalizes the manufacture,
distribution, delivery, and possession of kratom.
Under current law, kratom is classified as a Schedule I controlled substance and
if a person manufactures, distributes, or delivers kratom, he or she is guilty of a Class
H felony, and if a person possesses kratom he or she is guilty of a misdemeanor. The
bill removes kratom from the schedule of controlled substances and legalizes the
manufacture, distribution, delivery, and possession of kratom, subject to certain
limitations.
Under the bill, a person who prepares or processes a kratom product (a
processor) may not distribute the product if it 1) is mixed or packed with another
substance that affects the kratom product's quality or strength to such a degree that
it may cause injury; 2) contains a poisonous ingredient, controlled substance, or
controlled substance analog; 3) contains a level of 7-hydroxymitragynine that is
greater than 2 percent; 4) contains any synthetic alkaloid; or 5) does not include a
label that states the amount of mitragynine and 7-hydroxymitragynine contained
in the product. The bill also prohibits the sale of a kratom product to any person

under the age of 21. A person who violates either of these provisions is guilty of a
Class C misdemeanor.
The bill also requires a processor to obtain a food processing plant license from
the Department of Agriculture, Trade and Consumer Protection, and to register a
kratom product before distributing it. A processor who prepares, processes, sells,
offers for sale, or distributes a kratom product that is not registered with DATCP or
without a food processing license is subject to a monetary penalty, to be determined
by DATCP by rule.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB599,1 1Section 1. 100.365 of the statutes is created to read:
AB599,2,2 2100.365 Kratom. (1) In this section: