SB 45: Kratom Adjustments - Utah

Substitute #5 → Enrolled · 7 edits · Mar 26, 2026

MODERATE

The bill completely replaced a previous version of SB 45 that enacted a religious 'Word of Wisdom' with a new version focused on regulating the sale and use of kratom. The new bill establishes a registration system for processors and retailers, restricts sales to licensed tobacco specialty businesses, sets age limits, and schedules specific kratom alkaloids as controlled substances if they exceed certain concentration thresholds.

Scope change

The bill's scope shifted entirely from religious dietary guidelines to a regulatory framework for the commercial sale of kratom products, including specific definitions, registration requirements, and controlled substance scheduling.

SCOPE

Removed the enactment of a religious 'Word of Wisdom' and all related text regarding dietary restrictions for state residents.

Replaced the effective date of May 6, 2026, which was previously associated with the Word of Wisdom text, now applies to the new kratom regulations.

DEFINITION

Added specific legal definitions for 'kratom processor', 'kratom retailer', 'pure leaf kratom', and 'total kratom alkaloid composition'.

REQUIREMENT

Required kratom processors and retailers to register with the Department of Agriculture and Food, with retailers restricted to those already licensed as retail tobacco specialty businesses.

ENFORCEMENT

Established criminal penalties (misdemeanors and felonies) for selling unregistered or non-compliant kratom products and administrative fines for labeling violations.

ELIGIBILITY

Prohibited the sale of kratom products to individuals under the age of 18.

TIMELINE

Scheduled 7-hydroxymitragynine and Mitragynine pseudoindoxyl as Schedule I controlled substances if their concentration exceeds 2% and 0.4% respectively, with a temporary exemption until March 6, 2027.

Substitute #4 → Substitute #5 · 6 edits

MODERATE

The diff replaces a detailed Kratom Regulation Act with a new 'Word of Wisdom' amendment and removes all related controlled substance scheduling. The new bill enacts a religious dietary guideline for state residents, prohibiting wine, strong drinks, tobacco, and hot drinks while allowing wholesome herbs and grains. It removes the previous legal framework for regulating kratom processors, retailers, and specific alkaloids like 7-hydroxymitragynine.

Scope change

The bill's scope shifted entirely from regulating a specific substance (kratom) and its alkaloids to enacting a general religious dietary principle for state residents.

REQUIREMENT

Eliminated the requirement for kratom processors and retailers to register with the Department of Agriculture and Food.

Added a new section enacting the 'Word of Wisdom' as a principle for state residents, restricting consumption of wine, strong drinks, tobacco, and hot drinks.

ENFORCEMENT

Removed criminal penalties and administrative fines for selling unregistered or adulterated kratom products.

Removed the scheduling of 7-hydroxymitragynine and Mitragynine pseudoindoxyl as Schedule I controlled substances.

DEFINITION

Deleted legal definitions for 'kratom extract', 'pure leaf kratom', and 'total kratom alkaloid composition'.

TIMELINE

Changed the effective date context from a specific kratom regulation timeline to a general effective date of May 6, 2026.

Substitute #3 → Substitute #4 · 3 edits

MINOR

This version of the bill adds a coordination clause to prevent a conflicting bill (H.B. 387) from becoming law if both pass, and introduces a temporary exemption allowing certain kratom products containing higher levels of 7-hydroxymitragynine to be sold until March 6, 2027, provided they are not for retail sale in Utah. These changes aim to resolve legislative conflicts and provide a grace period for specific product types.

Scope change

The bill now explicitly coordinates with another proposed bill to ensure only one version of kratom regulations is enacted, and it temporarily expands the scope of allowed products by permitting non-retail distribution of specific extracts until a future date.

SCOPE

Added a coordination clause stating that if both this bill and H.B. 387 pass, H.B. 387 should not be enrolled or become law.

TIMELINE

Created a temporary exemption effective until March 6, 2027, allowing kratom processors to sell products containing up to 0.4% 7-hydroxymitragynine if the products are not offered for retail sale in Utah.

ENFORCEMENT

Added a specific penalty provision in Section 6 to exempt persons from penalties for possessing or distributing the newly allowed non-retail kratom products during the temporary exemption period.

Substitute #2 → Substitute #3 · 9 edits

MAJOR

This bill updates Utah's kratom regulations by adding a new section to the state's controlled substances code to exempt pure leaf kratom from penalties, while simultaneously amending the existing kratom regulation act to clarify definitions, restrict sales to licensed tobacco retailers, and tighten labeling requirements. The changes aim to create a clearer legal framework that distinguishes between safe, natural kratom products and potentially harmful synthetic or concentrated extracts.

Scope change

The bill expands the scope of the controlled substances code by explicitly including 7-hydroxymitragynine and Mitragynine pseudoindoxyl in Schedule I, but immediately carves out an exemption for pure leaf kratom products that meet specific criteria.

DEFINITION

Added a new definition for 'Total kratom alkaloid composition' to establish a baseline for measuring alkaloid concentrations in products.

REQUIREMENT

Modified the definition of 'Pure leaf kratom' to explicitly require that the product does not contain more than 0.4% 7-hydroxymitragynine.

Amended the 'Pure leaf kratom' definition to remove the previous requirement that it must not be a controlled substance, replacing it with a specific concentration limit.

Updated the prohibition on selling kratom to minors to change the age limit from 18 to 21 years old.

Modified the labeling requirements for kratom products to mandate the disclosure of the factual basis for claiming a product is a kratom product.

Amended the registration requirements to clarify that kratom retailers must be licensed as retail tobacco specialty businesses.

ENFORCEMENT

Added a new section (58-37-3.4) that exempts possession, manufacture, or distribution of pure leaf kratom from penalties related to 7-hydroxymitragynine.

Adjusted the administrative fine structure for unregistered sellers, specifying a fine of up to $5,000.

TIMELINE

Maintained the effective date of May 6, 2026, while adding a repealer section to remove the previous kratom regulation act.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

The bill expanded from a simple age restriction and study requirement to a comprehensive regulatory framework. It now mandates registration for processors and retailers (limited to tobacco shops), bans specific high-potency or synthetic kratom products, requires detailed labeling, and schedules two specific kratom alkaloids as Schedule I controlled substances.

Scope change

The bill's scope significantly expanded from amending only one section to amending multiple sections across the Controlled Substances Act and the Kratom Regulation Act, adding new definitions, registration requirements, and product bans.

DEFINITION

Added new definitions for 'kratom extract', 'kratom processor', 'kratom retailer', and 'pure leaf kratom' to clarify who is regulated and what products are allowed.

REQUIREMENT

Requires all kratom processors and retailers to register with the Department of Agriculture and Food, with retailers restricted to being licensed tobacco specialty businesses.

Mandated that product labels must disclose the factual basis for claiming a product is kratom and state the specific amounts of mitragynine and 7-hydroxymitragynine contained.

ENFORCEMENT

Established administrative fines for failing to disclose the factual basis for labeling a product as kratom and criminal penalties for selling unregistered or banned products.

Increased criminal penalties for selling to minors from a Class C misdemeanor to a Class A misdemeanor.

ELIGIBILITY

Banned the sale of kratom products containing high levels of 7-hydroxymitragynine, synthetic alkaloids, or nonkratom ingredients that affect quality or strength.

Changed the minimum age for purchasing kratom from 18 to 21 years old.

TIMELINE

Scheduled 7-hydroxymitragynine (above 0.4% concentration) and Mitragynine pseudoindoxyl as Schedule I controlled substances, effective May 6, 2026.

Introduced → Substitute #1 · 4 edits

MODERATE

This bill fundamentally reverses the previous Kratom Consumer Protection Act by repealing the existing regulatory framework and instead scheduling kratom alkaloids as illegal Schedule I controlled substances, while simultaneously adding a new provision to ban sales to anyone under 21 and requiring a safety study.

Scope change

The bill's scope shifted from a regulated legal market to a prohibition model; it now applies to all kratom alkaloids as illegal drugs rather than regulated products, and it expanded the age restriction for sales from 18 to 21.

REQUIREMENT

Completely repealed the Kratom Consumer Protection Act and all associated regulations that allowed for the legal sale and processing of kratom.

Mandated that the Controlled Substance Advisory Committee conduct a study on kratom products and submit a report with legislative recommendations by January 15, 2027.

ENFORCEMENT

Scheduled kratom alkaloids found in or derived from the plant as Schedule I controlled substances, making them illegal drugs.

ELIGIBILITY

Changed the minimum age for purchasing kratom products from 18 to 21 years old.

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