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- 2025
69th Legislature 2025 SB0461.3
- 1 - Authorized Print Version – SB 461
1 SENATE BILL NO. 461
2 INTRODUCED BY S. NOVAK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATING TO INTOXICATING
5 PRODUCTS INTENDED FOR HUMAN CONSUMPTION; PROHIBITING CONSUMPTION OF INTOXICATING
6 PRODUCTS THAT ARE NOT REGULATED IN THE STATE PROVIDING REQUIREMENTS FOR KRATOM
7 PRODUCTS; PROVIDING EXCEPTIONS TO ENTITIES THAT PROVIDE FRESH AND NON-SYNTHESIZED
8 KRATOM PRODUCTS TO THE PUBLIC; PROHIBITING THE STATE AND LOCAL GOVERNMENTS FROM
9 PROHIBITING CERTAIN ENTITIES THAT PROVIDE FRESH AND NON-SYNTHESIZED KRATOM
10 PRODUCTS TO THE PUBLIC; REVISING THE DEFINITION OF "HEMP"; PUTTING HEMP PRODUCTS
11 UNDER THE REGULATION OF THE DEPARTMENT OF REVENUE; AND PROVIDING CRIMINAL
12 PENALTIES ; AND AMENDING SECTIONS 16-12-102, 16-12-117, AND 80-18-101, MCA AND PROVIDING
13 AN EFFECTIVE DATE.”
14
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
16
17 (Refer to 1st Reading/Second Chamber (Blue) Bill)
18 Strike everything after the enacting clause and insert:
19
20 NEW SECTION. Section 1. Short title -- purpose. (1) [Sections 1 through 3] may be cited as the
21 "Kratom Consumer Protection Act".
22 (2) It is the purpose of [sections 1 through 3] to prohibit the selling, giving, or other distribution of
23 kratom products to the public unless specifically authorized by [sections 1 through 3] or other statutory act of
24 the legislature. It is the express purpose of [sections 1 through 3] to prohibit the sale of kratom products to
25 persons under 21 years of age.
26
27 NEW SECTION. Section 2. Definitions. As used in [sections 1 through 3], unless context requires
28 otherwise, the following definitions apply:
- 2025
69th Legislature 2025 SB0461.3
- 2 - Authorized Print Version – SB 461
1 (1) "Kratom" means the plant Mitragyna speciosa or any part of that plant.
2 (2) "Kratom extract" means a substance or compound obtained by extraction of the Mitragyna
3 speciosa leaf that is intended for ingestion and contains more than trace amounts of Mitragyna speciosa and
4 contains other alkaloids of the kratom plant, and which does not contain any controlled substances or levels of
5 residual solvents higher than is allowed in the United States Pharmacopeia 467.
6 (3) "Kratom processor" means a person who manufacturers or produces kratom products.
7 (4) "Kratom product" means a finished article containing any part of a leaf of the plant Mitragyna
8 speciosa in fresh, dehydrated, or dried form, or a kratom extract, including kratom beverages prepared and sold
9 in food establishments.
10 (5) "Synthesized material" means an alkaloid, metabolite, or alkaloid derivative that has been
11 created by chemical synthesis or biosynthetic means, including but not limited to fermentation, recombinant
12 techniques, or yeast-derived, enzymatic techniques, rather than traditional food preparation techniques, such
13 as heating or extracting, that synthetically alters the composition of any kratom alkaloid or constituent.
14
15 NEW SECTION. Section 3. Kratom product restrictions -- exemption for entities that provide
16fresh kratom products to public. (1) A kratom processor may not prepare, distribute, sell, or expose for sale a
17 kratom product that:
18 (a) contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the
19 alkaloid composition of the kratom product;
20 (b) contains synthesized material;
21 (c) contains or is adulterated with a dangerous non-kratom substance if it contains a poisonous or
22 otherwise deleterious non-kratom ingredient, including but not limited to the substances listed as a controlled
23 substances under state or federal law; and
24 (d) is combustible, intended to be used for vaporization, or injectable.
25 (2) [Sections 1 through 3] also apply to entities that are open to the public in physical locations that
26 serve kratom products meeting the requirements of this section, including but not limited to the prohibition on
27 serving kratom products with synthesized material. Entities that serve fresh kratom products that meet the
28 requirements of this section may not be prohibited by the state or any applicable local government.
- 2025
69th Legislature 2025 SB0461.3
- 3 - Authorized Print Version – SB 461
1
2 NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be
3 codified as an integral part of Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to [sections
4 1 through 3].
5
6 NEW SECTION. Section 5. Effective date. [This act] is effective June 1, 2025.
7 - END -