- A federal judge upheld Utah's Kratom Regulation Act on May 4.
- The law bans high-concentration kratom extracts and mixed kratom products.
- Plaintiffs appealed the decision; the law remains effective during litigation.
SALT LAKE CITY — A federal court in Utah last week stopped an attempt from a kratom manufacturer to block the state's new kratom regulation law. With the challenge rejected, the law went into effect on May 6.
On May 4, U.S. District Judge Howard C. Nielson Jr. denied a request from the Global Kratom Coalition and kratom manufacturer Botanic Tonics LLC to stop enforcement of Utah's Kratom Regulation Act, according to a release from the Utah Attorney General's Office.
The law, passed by the state Legislature this year, bans the sale of high-concentration kratom extracts and kratom products mixed with other substances. This includes drinks like Feel Free from Botanic Tonics, which was previously sold across Utah.
"Stores across Utah were selling kratom mixed with other substances, with no real regulation and no real accountability. The Legislature said enough. We defended that decision in court, and we won," said Attorney General Derek Brown, per a release from his office.
Under the new law, only pure kratom leaf can be purchased in Utah, and it can only be sold in certain shops to people who are 21 or older. The law was sponsored in the Legislature by Sen. Mike McKell, R-Spanish Fork.
"I've personally spoken with multiple individuals who tried Feel Free thinking it was something like a five-hour energy and ended up addicted," McKell told the Deseret News. "It's no surprise Botanic Tonics challenged Utah's new kratom law. They know their product is hurting families, yet continue to promote it anyway."
In the case, the plaintiffs argued that Utah's statute is overridden by federal law. The court disagreed with the argument and found that states hold the power to ban specific products within their borders.
"As a state, we will not tolerate products like this getting into the hands of our youth and unsuspecting adults who have no idea the damage it can cause," McKell wrote. "The courts got it right on this one, and we will continue to legislate if necessary."
Following their failure in court, the plaintiffs filed an appeal with the United States Court of Appeals for the 10th Circuit on May 5. The law will remain in effect during the appeal litigation, according to the Utah Attorney General's Office.
What is kratom?
Kratom comes from Mitragyna speciosa, a tropical tree that grows in Southeast Asia. The leaves are used in a variety of products such as teas, gummies, energy drinks, powders and more.
Based on dosage, the substance can have both sedative and stimulating effects, and some people use it for pain management. Kratom leaf contains two main psychoactive ingredients: 7-hydroxymitragynine, better known as 7-OH, and mitragynine.
As previously reported by the Deseret News, as many as 1 in 8 people who start taking kratom will become dependent on it. This is similar to the number of people who drink alcohol and become addicted, according to the report.
The FDA has not approved kratom for any medical use. Manufacturers, retailers and users say that kratom can be a remedy for everything from pain, cough and depression to diarrhea, addictions and more.
When kratom is sold as high-concentration extracts or in compounds with other substances, there are potency and safety risks. Each state has its own rules and regulations when it comes to regulating kratom. There are also some states such as Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin that have banned the substance altogether.
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Caitlin Keith
