Rep. Emily Kinkead, D-Allegheny, is pictured during a November news conference.

A pair of state House Democrats have introduced legislation that would regulate kratom in Pennsylvania.

House Bill 2058, introduced by Reps. Emily Kinkead, D-Allegheny, and Jim Prokopiak, D-Bucks, would prohibit the sale or distribution of kratom products to individuals under the age of 21; prohibit the sale or distribution of synthetic kratom products; require testing and clear labeling on all kratom products, including ingredients, directions for use and safety information; and ban marketing or packaging that targets or appeals to children.

Kratom, a plant native to Southeast Asia, is often consumed to reduce fatigue, manage pain or withdrawal symptoms, and to alleviate anxiety or depression. It can be ingested as teas, powders, capsules, liquids, or by chewing or smoking the leaves. However, because kratom can activate the same neurotransmitter receptors as opioids, prolonged or heavy use may lead to addiction, and independent tests have repeatedly shown that kratom products sometimes contain undisclosed or harmful additives. New synthetic kratom products, known as 7-OH, are particularly harmful and addictive, according to Kinkead and Prokopiak.

“This is about consumer safety and responsible regulation,” Prokopiak said. “Right now, Pennsylvanians can walk into a gas station or smoke shop and buy a product that mimics opioids — with no age limit, no labeling and no oversight. That’s unacceptable. This bill is a commonsense step to make sure these products are safely packaged and kept out of the hands of children.”

While the federal government has not formally regulated kratom, the U.S. Drug Enforcement Administration designates it as a “drug and chemical of concern.” In response to growing health and safety concerns, several states have enacted regulatory schemes or bans. Currently, Pennsylvania does not have a comprehensive regulatory framework and kratom is currently readily available – and often marketed – to children and young adults. House Bill 2058 is similar to a kratom regulation law signed into law in Utah.

“Pennsylvania’s failure to act to regulate kratom when it first showed up in convenience stores and other shops easily accessible to children is a dereliction of duty,” Kinkead said. “Without regulation, consumers don’t know exactly what they’re putting in their body, unknowingly ingesting toxic additives or synthetic compounds that pose serious health risks. This legislation is about protecting public safety, creating basic safeguards for our children, and ensuring transparency for Pennsylvanians who purchase kratom.”

House Bill 2058, which has 20 bipartisan co-sponsors, has been assigned to the House Health Committee, of which Rep. Kathy Rapp, R-Warren, is minority chairwoman. .

In late November, Ohio Senate Bill 299 was introduced to require those who sell, distribute and make kratom to register with the Ohio Department of Agriculture. The bill would also limit the sale of kratom products to adults 18 and older under the bill.

While lawmakers want to regulate the substance, Ohio Gov. Mike DeWine said earlier this year he wanted to ban the sale of all kratom products in Ohio before changing his stance after discussions with Robert Kennedy, federal Health and Human Services secretary.

New York lawmakers passed legislation (S.8285/A.5852) that would require manufacturers or distributors of kratom in New York to include a warning label and prohibits labeling of kratom products as all natural – though it does not ban the substance. The bill has not yet been sent to Gov. Kathy Hochul for her signature. The legislation, sponsored by Democratic state Sen. James Skoufis, was inspired by the 2024 death of Nick Scribner, a 27-year-old resident of Ballston Spa, N.Y., who was found dead in his bedroom by his brother. Scribner’s death is believed to have resulted from self-medicating with Kratom, according to Skoufis’ legislative justification.

Kratom is banned in several states, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Some states impose age restrictions; for example, it is legal only for those over 18 in New Hampshire and over 21 in Tennessee.

“In New York, regulation is inconsistent and varies by locality,” Skoufis wrote. “Suffolk County, for example, banned the sale and distribution of Kratom in 2016. However, the absence of statewide regulation leaves many New Yorkers vulnerable to the dangers of Kratom, especially when it is misrepresented as safe or natural.”