AB 2365 California Assembly · 2023-2024 Regular Session

Public health: kratom.

Summary
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of the act is a crime. This bill would add kratom products, as defined, to the Sherman Food, Drug, and Cosmetic Law and require processors of kratom products to register with the department. The bill would authorize the department to establish an annual fee for processors and would authorize the fee to be based on certain criteria, including annual sales in California. The bill would prescribe specified quantities of alkaloids present in kratom products and would establish labeling and packaging requirements. The bill would require that kratom products be registered with the department annually, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would prohibit the sale of kratom leaf and kratom products to those under 21 years of age and would prohibit the sale and manufacture of a kratom product that is attractive to children or an inhalable kratom product. The bill would authorize the department to take various enforcement actions, including executing interagency agreements for the implementation of these provisions, among others. The bill would authorize a kratom processor who is operating in conformance with these provisions and in good faith compliance with their responsibilities to manufacture or sell kratom or kratom products without authorization until April 1, 2025. By expanding the scope of a crime, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2024
Committee Review
Aug 2024
Assembly Passage
May 2024
Senate Passage
Governor
Introduced Feb 12, 2024 Last action Aug 15, 2024
Floor votes · Assembly May 21, 2024

How they voted

73–0
Passed · 7 other
Total votes 80
May 21, 2024
D Democratic62
57 Yea 5
91% Yea
R Republican18
16 Yea 2
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
1
Committee
10
Amendments
6
Aug 15, 2024
Senate · Reported by committee
In committee: Held under submission.
Jun 24, 2024
Senate · Referred to committee
In committee: Referred to suspense file.
Jun 17, 2024
Senate · Amendment adopted
Read second time and amended. Re-referred to Com. on APPR.
Jun 13, 2024
Senate · Amendment offered
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 12).
May 29, 2024
Senate · Referred to committee
Referred to Com. on HEALTH.
May 21, 2024
Assembly · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5371.)
May 16, 2024
Assembly · Amendment adopted
Read second time and amended. Ordered returned to second reading.
May 16, 2024
Assembly · Amendment offered
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 16).
May 15, 2024
Assembly · Referred to committee
In committee: Set, first hearing. Referred to APPR. suspense file.
Apr 24, 2024
Assembly · Reported by committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 23). Re-referred to Com. on APPR.
Apr 22, 2024
Assembly · Referred to committee
Re-referred to Com. on E.S. & T.M.
Apr 18, 2024
Assembly · Amendment offered
From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
Apr 10, 2024
Assembly · Reported by committee
From committee: Do pass and re-refer to Com. on E.S. & T.M. (Ayes 15. Noes 0.) (April 9). Re-referred to Com. on E.S. & T.M.
Mar 19, 2024
Assembly · Referred to committee
Re-referred to Com. on HEALTH.
Mar 18, 2024
Assembly · Amendment offered
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
Mar 18, 2024
Assembly · Referred to committee
Referred to Coms. on HEALTH and E.S. & T.M.
Feb 13, 2024
Assembly · Reported by committee
From printer. May be heard in committee March 14.
1 primary · 2 co-sponsors

Sponsors