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Bill

LC 1851

Create the kratom consumer protection act

2025 Regular Session

Montana bill creates consumer safety standards for kratom products through labeling, quality, and sales regulations to protect buyers of this unregulated botanical supplement.

(LC) Draft Delivered to Requester
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Bill Summary · LC 1851

Legislative bill overview

LC 1851 proposes creating a kratom consumer protection act in Montana, establishing regulatory standards for the sale, labeling, and quality of kratom products. The bill appears designed to create oversight mechanisms for kratom—a plant-derived substance increasingly sold as a dietary supplement—to protect consumers from contaminated or misrepresented products.

Why is this important

Kratom occupies a legal gray area in many states; it's unregulated by the FDA but sold widely as a supplement. Without state-level protections, consumers face risks from unverified potency claims, contamination, or undisclosed additives. Establishing consumer protection standards could provide safety assurances while creating a regulatory framework that acknowledges kratom's commercial presence.

Potential points of contention

  • Regulatory scope clash: Federal agencies (FDA) may view state regulation of kratom as conflicting with federal authority over botanical substances, creating legal ambiguity
  • Industry burden vs. safety: Compliance requirements (testing, labeling, licensing) could increase costs for retailers and producers, potentially reducing market access for small vendors
  • Definition and enforcement: Determining what qualifies as kratom, acceptable alkaloid levels, and contamination thresholds requires technical expertise that may be lacking at the state level

Compiled from official sources — confirm details with the bill’s official record.

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