A Georgia bill regulating Kratom, and aimed at preventing overdose deaths, came into effect on New Year's Day.

The legislation, signed into law by Gov. Brian Kemp in May, was championed by John and Dana Pope, who advocated for the regulations following the tragic accidental overdose of their 23-year-old son, Ethan, from the herbal substance in late December 2021 in Cobb County.

Starting on the 1st January 2025, Georgia will regulate Kratom, a substance derived from the leaves of Southeast Asian tree Mitragyna speciosa. The leaf has been consumed for social amd ceremonial purposes for centuries in Asia but is a relative newcomer to the alternative wellness scene in the US.

Here, Kratom is commonly consumed in pill or extract form, brewed as a tea or mixed into food, in the hope of benefitting from its wide-ranging but unproven health and wellbeing effects.

As early as 2017, Dr John Eisenstat, Chief Medical Examiner for the Georgia Bureau of Investigation, reported that Kratom had been linked to five deaths in 2016 and another 11 in 2017.

Eisenstat claimed that Kratom was increasingly showing up in lab tests done as part of routine autopsies. Until last week, the herbal substance was freely available to buy over the counter at convenience stores, in supermarkets and other retail outlets.

Further, at a 2022 news conference at the Georgia Capitol, attorney Matt Wetherington likened Kratom to hard drugs. He said: “You don’t expect to go into a store and find something similar to heroin between energy drinks and breath mints.

“We intend to hold every single person and entity involved in the distribution and sale of these products responsible.”

Key regulations

With the new law in effect, here are the key regulations for Kratom in Georgia:

Minimum age requirement: You must be 21 or older to buy or possess any Kratom products or extracts.

Prohibited methods of ingestion: Ingesting Kratom using a heating element, power source, electronic circuit, or other means to produce vapor is illegal. This includes electronic cigarettes, cigars, pipes, or similar products, as well as vapor cartridges.

Sales of Kratom: Kratom cannot be sold unless it is behind a store counter, with access restricted to store employees from a secured display, requiring staff intervention.

Concentration limits:

Kratom sold in Georgia cannot have:

- More than 150 mg of mitragynine per serving

- More than 0.5 mg of 7-hydroxymitragynine per gram

- More than 1 mg of 7-hydroxymitragynine per serving

Prohibited additives: Kratom cannot be adulterated with substances not recognized as food-safe, including synthetic alkaloids or compounds like synthetic mitragynine or synthetic 7-hydroxymitragynine.

Vapor products ban: Kratom in any form that uses a heating element, power source, electronic circuit, or other means to produce vapor (e.g., e-cigarettes, e-cigars, vapor cartridges) is banned.

Packaging requirements:

- Kratom products must have instructions for safe use, including serving size and recommended consumption timeframe.

- Warnings must be included, including a note that the US Food & Drug Administration (FDA) has not approved Kratom for therapeutic use.

Penalties for violations

Violations of these regulations may result in fines:

- Up to $250 for a first offense

- Up to $500 for a second offense

- Up to $1,000 for a third or subsequent offense.

Additionally, criminal penalties for processors have also been introduced:

- Processors convicted of violations due to criminal negligence can face up to 15 years in prison and/or a $100,000 fine for first offenses.

- Non-criminal negligence violations are considered misdemeanors and can result in a fine of up to $1,000.

- Subsequent convictions can lead to upgraded charges, including felonies and increased fines.

Georgia is one of several states that have passed laws to regulate Kratom, but its approach is fairly unique in terms of specific purity standards and age restrictions. Other states, like Alabama and Indiana, have opted for outright bans, while states like Utah and Nevada have set guidelines for safe consumption. The Kratom Consumer Protection Act (KCPA), which has been adopted in several states, provides a framework for ensuring quality and consumer safety, similar to Georgia’s new law.

The decision to regulate Kratom stems from growing concerns over its safety and potential for abuse. While Kratom has some medicinal uses, there have been reports of adverse health effects, including addiction and overdose. By regulating Kratom, Georgia aims to protect consumers while ensuring that those who use Kratom for legitimate purposes can do so in a safer environment.