A new law in South Carolina is poised to regulate the sale of Kratom, a popular herbal supplement, by imposing age restrictions and packaging requirements. Beating Louisiana to become the 16th US state to adopt the Kratom Consumer Protection Act (KCPA), South Carolina signed the bill this week.

Kratom, derived from the leaves of a Southeast Asian tree, is known for its stimulant effects at low doses and sedative properties at higher doses. It is a popular supplement, consumed for its touted benefits - everything from pain management top opioid withdrawal to improved physical performance - in a variety of forms, including powder, extracts and gummies. Up to this point it has been unregulated in South Carolina and accessible to individuals of all ages.

The proposed legislation, which has passed both legislative chambers unanimously, will enforce many of the principal features of the KCPA. These include, prohibiting the sale of Kratom to individuals under 21 and restricting its display in areas accessible to minors. Additionally, the bill mandates clear labeling on Kratom products, detailing ingredients, mitragynine content, recommended usage, and serving sizes. It also bans the sale of Kratom products mixed with other substances. Violations could result in fines of $1,000 for the first offense and $2,000 for subsequent offenses.

South Carolina becomes the 16th state to adopt the KCPA, a consumer protection act developed by Kratom lobbyists, the American Kratom Association. The KCPA's purpose is to ensure the safe consumption of Kratom in the US by regulating who can access it and overseeing how it is processed and marketed to buyers. Many other states are in the process of adopting the KCPA and many more do not regulate at all. Only five states have made Kratom completely illegal, although rules and regulations often vary at town and city level from state to state. You can check the current status of Kratom in your state here.

Senator Russell Ott, the bill's lead sponsor, highlighted the current lack of restrictions: “A 14-year-old could walk into a store, buy it - buy as much as they want - and it’s legal in the state of South Carolina.”

He emphasized the urgency of the legislation, stating, “We’re not going to have to wait another seven months with minors being able to access something that clearly has an impact.”

Kratom is not approved for any medical use by federal agencies. The US Food and Drug Administration advises against its consumption, and the Drug Enforcement Administration classifies it as a 'drug of concern'.

Despite this, Kratom has a loyal and rapidly growing following in the United States, with individuals using it to treat a variety of physical and psychological ailments. However, it carries risks, including potential addiction, liver toxicity, seizures and, rarely, death. A Washington Post analysis reported over 4,100 Kratom-related deaths between 2020 and 2022, compared to nearly 320,000 overdose deaths from all substances during the same period. The science behind Kratom is still very much in its infancy so much of the evidence for its positive or negative impact is mostly anecdotal.

Senator Ott became aware of Kratom's issues in 2018 after a constituent reported a family member's addiction. He later learned of a friend's son who struggled with Kratom dependency, describing the habit's detrimental effects on his confidence and finances, though noting it was less dangerous than opioids.

Representative Don Chapman, co-sponsor of the bill, likened the regulation to alcohol laws, emphasizing the importance of protecting minors.

“Time is at the essence when you’re trying to protect our young kids,” he stated.

The law is set to take effect 60 days after Governor Henry McMaster signs it, allowing retailers time to comply with the new regulations.