PENNSYLVANIA HOUSE PASSES BILL AS PART OF LATE PUSH FOR KRATOM REGULATIONS

The landscape around kratom policy at the state level has seen a dramatic shift since the federal government switched its target to synthetic additives.

With that targeted approach from federal regulators, states are getting proactive.

Lawmakers in Pennsylvania recently advanced a kratom regulation bill to the upper chamber of the state house, and are poised to take the first step to target synthetic additives and other compounds masquerading as kratom. That bill is now in a race against the end of the legislative calendar, with advocates and lawmakers hoping to address a matter that “cannot wait” and offer basic protections for kratom consumers and producers in Pennsylvania.

For Rep. Jim Prokopiak, one of the sponsors of House Bill 2657, the back-and-forth surrounding kratom products revolves around targeting enhanced products and maintaining safe access for natural leaf kratom products.

“Pennsylvanians deserve protection from these potentially deadly products being sold in our communities,” said Prokopiak. “This legislation eliminates the potent synthetic kratom products that are the most dangerous and establishes common-sense standards for kratom products and will help ensure greater transparency for consumers.”

Plans for Proposed Regulation

Rep. Bridget Kosierowski introduced HB 2657 earlier this year, and it was initially assigned to a committee in June, before being tabled for three months. When it was brought back from the table, it received a hearing in the House Health Committee and was reported favorably after a 26-0 vote to support the proposed measure.

Following a pair of amendments, the bill was sent to the House Appropriations Committee and was reported as committed following another unanimous vote. On its third reading, the bill passed the House by a vote of 202-0. As it passed the House, HB 2657 is a comprehensive structure for kratom regulation that covers what type of products can be sold as kratom, what labels are required for those products and sets a requirement that consumers be at least 21 years old to purchase any kratom product.

The bill establishes definitions for natural leaf kratom and natural kratom products, while setting a strict limit on the amount of 7-hydroxymitragynine (7-OH) that can be contained within a product before it is no longer considered natural. Synthetic and semi-synthetic kratom products are also defined in the bill, and would be banned should the proposed measure become law.

Although the bill does create a carve-out for natural kratom products, it would ban kratom extracts, regardless of the chemical composition. On top of the definition of what products could be sold as kratom, HB 2657 would also set up a registration structure for kratom producers and establish a tax structure for kratom that would help fund the enforcement mechanisms laid out in the bill.

Specific labels and warnings are also part of the bill, including verification that the product meets the requirements for a natural kratom product and a warning that the Food and Drug Administration has not evaluated the product. The bill would also ban packaging that could be misleading about the type of product being sold or appeal to children.

Urgent Need for Action

Rep. Kathy Rapp spoke in favor of the bill during the hearing in the House Health Committee. Rapp is the Republican Chair of the committee and laid out the need for lawmakers in the state to take up the kratom question.

“These products are not regulated, and we do not know what else is in those products,” Rapp said. “Labeling is inconsistent; product packaging may contain characters that appeal to children, and there is no age limit for who may buy them. We do need to rein in the marketing and sale of synthetic kratom.”

Rapp did highlight recent developments at the federal level, including a recent emergency action by the Drug Enforcement Agency that is targeting 7-OH and other specific synthetic alkaloids derived from the kratom plant. Although Rapp indicated support for such actions, she also made it clear to her fellow lawmakers that there was an urgent need to act at the state level to protect consumers from bad actors in the industry.

“We cannot wait for the federal government to take action, and Pennsylvania cannot wait for Washington to act,” Rapp said.

At the end of her comments, Rapp also included harsh words for Pennsylvania’s Department of Health (PADOH). Rapp said that instead of waiting for action at the federal level, PADOH has the authority to schedule synthetic derivatives of kratom. Instead of getting involved, the department opted for educational campaigns and a hands-off approach to addressing the public health concerns created by artificially enhanced products.

“I am not sure how to interpret the department’s inaction, but nevertheless they can still act,” Rapp said.

With a month remaining in Pennsylvania’s legislative cycle, the bill is now in a race against time to pass through the upper chamber. Upon arrival in the Senate, the bill was assigned to the Health and Human Services Committee on Oct. 13. That committee met on Oct. 18, but did not take up HB 2657 as part of that meeting.

The state Senate is currently on a break and is set to reconvene on Nov. 17 for a final push before the session ends on Nov. 30. This is the second year of a two-year session that started on Jan. 7, 2025. Currently, lawmakers are on track to pass the fewest number of bills in decades as the two chambers are split along party lines.

That means that kratom advocates are hoping for a Hail Mary to get this bill across the line and ratify regulations and protections for customers in the state. For the latest on kratom legality in Pennsylvania and other states, visit our kratom legality map and kratom news page.