House committee adopts third substitute for SB 45 to restrict kratom sales to pure leaf; extracts and concentrates banned

SALT LAKE CITY — After extended testimony from public‑health officials, clinicians, industry representatives and people with lived experience, the House Business, Labor and Commerce Committee adopted a third substitute to Senate Bill 45 that would allow only pure kratom leaf to be sold in Utah at regulated tobacco specialty retailers, ban extracts and concentrates, raise the minimum purchase age to 21 and authorize penalties for illicit sales.

Senator (sponsor) said the version before the committee is a compromise: it permits pure leaf while restricting high‑potency extracts and synthetic alkaloids that state experts say are linked to overdose risk. Kelly Pearson, Commissioner of Agriculture, told the committee that regulating kratom has been difficult and that concentrated products and bright packaging have made the substance accessible to youth at retail locations. Dr. Brandon Forsyth of the UDAF laboratory described laboratory findings and peer‑reviewed studies indicating that high concentrations of mitragynine can metabolize in the body to 7‑hydroxymitragynine and related alkaloids, which he said increase opioid receptor activation and can raise overdose risks.

Megan Brockmire, the Drug Overdose Fatality Examiner for the Office of the Medical Examiner, presented aggregated mortality data: she said Utah recorded no kratom‑involved deaths before 2014, that kratom‑involved deaths rose over time, and that 2023 peaked at 40 recorded deaths with preliminary 2025 numbers appearing on track to match or exceed that level; she also said about 9% of kratom‑involved deaths were attributed to kratom only (no other substances), while most kratom‑involved fatalities involved multiple drugs and often fentanyl.

Industry witnesses and consumers offered sharply divergent views. Some industry representatives argued extracts and concentrates are already controlled under existing Kratom Consumer Protection Act provisions and warned a ban would harm in‑state manufacturers and retailers; a few patient advocates and users said kratom (including extracts) had provided therapeutic benefit for pain or to taper off other opioids. A former company salesperson recounted personal addiction to concentrated kratom beverages and urged restrictions.

The adopted third substitute would: allow sale of pure kratom leaf only at licensed tobacco specialty retailers (RTSBs), raise the minimum purchase age to 21, prohibit extracts/adulterated products and put enforcement under the Department of Agriculture with penalties up to $5,000. Sponsors argued the change will reduce youth exposure and limit high‑potency products; critics warned the bill could force some in‑state manufacturers to change business models or move production.

After public comment the committee adopted the third substitute and, on a roll call, recommended SB 45 favorably (unanimous recorded vote as reflected in the transcript). Several members said they expected further amendments as the bill proceeds and reiterated interest in preserving access for patients who rely on kratom leaf for therapeutic reasons.

Next steps: SB 45 will proceed from the committee; sponsors and stakeholders signaled intent to continue negotiating definitions (particularly what constitutes "pure leaf" versus extracts) and enforcement mechanisms.