Montana lawmakers are facing mounting pressure to pass legislation that addresses regulatory concerns surrounding the herbal leaf Kratom (Mitragyna speciosa). This pressure stems from growing public health concerns and the demands of local advocates who want to ensure the substance's legal status.

On Tuesday, a bill aimed to introduce new regulations for Kratom in Montana received its first hearing, igniting over an hour of testimony and debate as lawmakers grappled with how to regulate products frequently marketed as mood stabilizers and widely sold in gas stations and vape shops.

Kratom, a substance derived from the leaves of a Southeast Asian tree, has recently come to the attention of some members of the House Business and Labor Committee, state officials and lobbyists.

Loosely regulated by the Food and Drug Administration (FDA) as an 'unapproved dietary supplement' and the Drug Enforcement Administration (DEA) as a 'drug or chemical of concern', Kratom products are sold widely across the US as retailers find ways to get around current restrictions.

During Tuesday’s hearing, it was revealed that Kratom - despite being a relatively new herbal supplement - is already having a significant impact in Montana.

Those in favor of Kratom, including small business owners and national lobbyists such as the American Kratom Association (AKA), emphasized its potential benefits as a pain relief alternative to opioids and prescription medications. They acknowledged that some sort of regulation - something akin to the AKA's KCPA model legislation - of Kratom would protect the general public.

Those campaigning for regulation characterized the current state of the market as a 'Wild West' scenario, with potentially dangerous synthetically-produced Kratom derivatives like Krypton being sold alongside natural Kratom products without any clear distinction between the two. They argue this lack of regulation poses significant risk to consumers, who may unknowingly purchase synthetic products that could be harmful.

Rep. Nelly Nicol, R-Billings, sponsor of House Bill 407, expressed openness to amendments, noting that several changes are already being worked on to refine the bill.

“My goal this session is to get something passed. Something,” Nicol said.

Montana's proposed 'Kratom Consumer Protection Act' aims to regulate Kratom products by prohibiting sales to minors under the age of 18. The bill, which follows the AKA's own model legislation, would also ban the sale of products labeled as 'Kratom' if they contain elevated levels of the primary chemical compounds mitragynine and 7-hydroxymitragynine.

During Tuesday's proceedings, Mac Haddow, a lobbyist representing the American Kratom Association, stood as the sole advocate for the proposed legislation. Echoing Rep. Nicol's sentiments, Haddow expressed the organization's openness to considering amendments to the bill.

Potential amendments include raising the age restriction to 21 and implementing taxes or fees to bolster state enforcement endeavors. Haddow emphasized the urgency of the situation, imploring lawmakers to address what he perceived as a regulatory vacuum created by the federal government's inaction.

“We hope that you will see the wisdom of saying to the FDA that, until you act responsibly, we are going to protect the citizens of Montana, making sure that they have safely formulated, properly labeled and age-restricted kratom products,” Haddow said

While 10 speakers opposed the bill, many indicated they would support it with certain amendments.

Isiac Hammer, who owns two teahouses in Billings that serve Kratom-based drinks, asked the committee to remove a provision that he believes would outlaw the mixing of Kratom with some common sweeteners and juices used by his staff. Hammer also spoke out against the spread of synthetic Kratom products in the market and urged lawmakers to take action.

“Synthetic Kratom is not just a compromised product. It represents a dangerous departure from an integrity and safety that our teahouses have long upheld,” Hammer said. “Our community deserves better.”

Other opponents challenged the assertion that only synthetic forms of Kratom pose risks. Megan Zawacki, a physician assistant in Helena specializing in addiction medicine, shared that she is currently treating more patients for Kratom addiction than for fentanyl use. She highlighted that she has witnessed a range of health issues and complications stemming from various Kratom products, including capsules, teas, and other beverages

“In my opinion, there is no health benefit to Kratom,” she said.

The committee did not take a vote on the bill during Tuesday's hearing.