ARIZONA ISSUES CONSUMER ALERT, LOOKS TO ENHANCE EXISTING KRATOM REGULATIONS

Arizona was one of the first states to pass a law regulating kratom. Now, it’s poised to help take steps toward regulating companies that are exploiting legal loopholes to take advantage of customers.  

A Consumer Alert penned by Arizona Attorney General Kris Mayes was issued after her office learned of cases involving businesses and manufacturers violating the existing kratom regulations in the state. Although Mayes has experienced issues complicating the enforcement of those regulations, the alert was just the first step that her office intends to take to protect customers in Arizona, especially minors and those who are being taken advantage of by products that intentionally aim to side-step the law. 

Mayes warning to consumers made it clear: The state passed kratom regulations for a reason, and she intends to hold “bad actors” accountable for violating that law. 

“The Legislature passed the Arizona Kratom Consumer Protection Act (KCPA) to keep dangerous products off the shelves and out of kids’ hands,” Mayes said. “Companies that ignore this law and push these drugs into Arizona communities are harming public health and safety.”

Reiterating Current Regulations

Arizona passed its version of a KCPA in 2019, which codified a set of comprehensive regulations that are comparable to those of other states that have listened to industry advocates. That includes an age requirement for purchase (18) and a requirement for labels to include the ingredients and alkaloid contents of any product labeled as kratom. 

As far as product composition, Arizona’s KCPA also bans kratom products with non-kratom substances, synthetic alkaloids and sets a limit on the amount of 7-hydroxymitragynine (7-OH) that can make up the total alkaloid content of any kratom product. The warning from Mayes specifically mentions 7-OH as a cause for concern among products that are marketed as kratom or labeled as “all-natural” products.  

“These products are really dangerous and basically act like synthetic opioids, and I have already heard from parents whose kids have become addicted to these products sold over the counter across the state,” Mayes said. 

More specifically, Mayes warns about products that claim extra potency or that use “vague or misleading labels without clear ingredient information and alkaloid content.” Mayes also warns against products that claim specific health benefits, a practice that is illegal under guidance from the Food and Drug Administration (FDA), and advises consumers to avoid products that are aimed at teens and young adults. 

The FDA announced plans last year to make 7-OH a Schedule I substance and made a clear distinction between 7-OH products and those derived from natural kratom leaves. Similar to other KCPAs, Arizona’s restriction on 7-OH concentration reflects the amount of 7-OH that occurs in natural kratom leaf products. 

“Arizonans deserve to know what is really in these products,” Mayes said. “Our law draws a clear line: no ultra-high 7-OH products and no sales to minors. I look forward to working with the legislature to tighten this statute so that we can better protect Arizonans and go after bad actors exploiting the system to sell these dangerous products.”

Next Steps in Arizona

According to Mayes, the issue in enforcing the law comes from the way the legislation was written. In addition to requiring a “high bar just to prove a misdemeanor”, Mayes said that the current statute is “difficult to enforce in practice” due to the resources it takes to prove that manufacturers are violating the law. 

The clauses highlighted by Mayes involve proving that products are “adulterated with a dangerous non-kratom substance” and those that could potentially be deemed to be “injurious to a consumer.” Mayes said that the resources that go into proving those factors are typically associated with “major felony cases” rather than the class 2 misdemeanor of the existing laws. 

“Most law enforcement agencies simply don’t have the labs, experts, or budget to do that on a routine basis,” Mayes said. “In the upcoming legislative session, I will be asking members of both parties to work with my office to strengthen this law and increase penalties for those selling these products to minors.”

It is unclear exactly what actions Mayes is looking for from the state legislature, but a recent poll suggests that the primary concern among Arizonans centers on who can purchase the product and general information about kratom. 

As part of a survey conducted by Renaissance Recovery, 73% of respondents in Arizona favored raising the minimum age of purchase to 21. That same survey also showed that 35% of Arizonans were “largely unaware” of kratom, and only 15% said they were “very confident” that parents understand how kratom works. 

That data reflects Mayes’ warning about minors being sold kratom products and puts an increased spotlight on manufacturers to meet labeling requirements so that consumers can be better educated on what they are getting in products labeled as kratom. Without access to the type of labs and testing required to determine if products meet the requirements of the state’s KCPA, Mayes made it clear that authorities in the state need to take a closer look at the law and find ways to make sure kratom producers are doing their part to adhere to regulations. 

“Law enforcement needs stronger tools to effectively combat this growing problem,” Mayes said.