Wisconsin + KCPA Update

Table of Contents

Table of Contents

In recent kratom news, the Wisconsin House State Affairs Committee voted 9-2 in support of the Kratom Consumer Protection Act on January 5th, 2022, the first major step to overturning the current kratom ban in the state.

Although federally legal, kratom is currently banned in Wisconsin, Indiana, Arkansas, Alabama, Rhode Island, and Vermont, as well as several other cities and counties throughout the United States. 

In 2015, legislatures made kratom illegal in Wisconsin. Under the current Wisconsin law, kratom is classified as a Schedule I controlled substance. If a person manufactures, sells, or delivers kratom, they are guilty of a felony, and if a person possesses kratom, they are guilty of a misdemeanor.

Assembly Bill 599 was introduced on October 7th, 2021 by Representatives David Murphy, Rachael Cabral-Guevara, Christine Sinicki and Chuck Wichgers. This bill, if passed, would remove kratom from the schedule of controlled substances and legalize the manufacture, sale, distribution and possession of kratom, under specific regulations and rules. These regulations prohibit kratom products:

  • To be mixed with other substances that may affect the quality or strength of the kratom to cause injury
  • Containing a poisonous ingredient or controlled substance
  • Containing 7-hydroxymitragynine levels over 2%
  • Containing any synthetic alkaloid
  • Not including proper labeling
  • To be sold to an individual under 21.

Violation of this law would result in Class C misdemeanor.

Furthermore, this bill requires kratom processors to obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection (DATCP). In the bill, “processors” are defined as any person who prepares or processes a kratom product and sells, offers for sale, or distributes the kratom product to a wholesaler or retail seller. All kratom products also have to be registered with the DATCP. 

The DATCP will be enforcing the regulations, which includes setting forth standards for proper testing to ensure a safe kratom product, accurate labeling, as well as setting fees for registration.  

Despite the kratom legality battle in Wisconsin, one Wisconsin Congressman has continuously fought for the protection of this plant. The United States Drug Enforcement Agency tried to ban kratom on a federal level in 2016. Representative Mike Pocan, who serves Wisconsin’s 2nd District, recruited 51 signers of the House of Representatives to overrule this potential ban. He also presented a letter to the DEA in 2018, leading 23 other members of Congress, to consider all scientific evidence available for kratom. 

https://twitter.com/repmarkpocan/status/953364241276375041

Early in 2021, he was able to recover a document from the Department of Health and Human Services to rescind the DEA’s request for kratom to be scheduled as a Schedule I drug. Rep. Mike Pocan advocates for kratom to this day, even sending a letter to the Biden Administration to oppose the recent proposal by the World Health Organization to ban kratom internationally. Rep. Mike Pocan’s efforts are recognized by the American Kratom Association and he works closely with the organization to support kratom’s legality. 

The American Kratom Association has played an active role in legalizing kratom in Wisconsin through education and advocacy. They have gathered the support of thousands of kratom consumers and vendors nationwide, as well as gained the support of lawmakers and lawyers. The AKA has legislators and lobbyists working in every state to uphold the Kratom Consumer Protection Act and overturn kratom bans. So far, the KCPA has passed in Utah, Nevada, Arizona, Oklahoma, and Georgia. The KCPA would give kratom consumers access to safe kratom, and hold vendors accountable. It ensures that only approved kratom is sold on the market, and prevents the distribution of dangerous, harmful products. 

Currently, Super Speciosa is certified by the American Kratom Association. From the manufacturing process to distribution, Super Speciosa implements all regulatory requirements set forth by the AKA as well the Kratom Consumer Protection Act, and more. All products are never adulterated or enhanced, nor are synthetic ingredients added. There’s only one ingredient: pure kratom leaf. The product labels include the alkaloids levels and lab test results for specific batches via a QR code. All Super Speciosa kratom goes through strict quality control procedures from start to finish. 

Super Speciosa continues to support the AKA in its efforts to reverse the kratom ban in Wisconsin and beyond. 

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