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MI HB 4969

A real licensing regime, undone by a 2% cap, a synthetic ban, and an offense aimed at the buyer.

We oppose this

Food: other; regulation of distribution, sale, and manufacturing of kratom products; provide for. Creates new act.

If you call, say this

Yours will be better than ours because it is yours. Change a word, say where you live, and stop — ninety seconds is a long call.

I am a constituent and I support most of House Bill 4969. The licensing, the lab testing before a licence issues, the alkaloid content on the label, the 21-and-over limit — those are good and I want them. I am asking for three changes. Strike section 9(c), the two percent cap, because section 7 already puts the number on the label and that is what protects people. Strike section 9(d), the synthetic alkaloid ban, because a synthesised 7-OH molecule is the same molecule the plant makes, and how a product was made is not a safety finding. And strike section 11(2), which makes it an offense for a person to buy — this is a consumer protection act and it should not have consumers in its prohibitions. Fix those three and I will support the bill.

What it does

Read from the introduced text, House Bill 4969, 17 September 2025, referred to Regulatory Reform.

  • Section 1 titles it the Kratom Consumer Protection and Regulatory Act. Section 3(e) defines a “kratom product” as a food containing any part of the leaf of Mitragyna speciosa — a definition tied to food and to leaf.
  • Section 5 requires a licence from 1 January 2027 to distribute, sell or manufacture, one per location and one for selling online into Michigan. Application fee $200, renewal $125, licence valid three years, decision within 30 business days.
  • Section 7 requires the label to carry two prescribed warnings, the alkaloid content, and the amount of mitragynine and 7-hydroxymitragynine in the product.
  • Section 9(c) prohibits any product whose 7-OH exceeds 2% of the alkaloid composition.
  • Section 9(d) separately prohibits any product containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-OH, or any other synthetically derived compound of the plant.
  • Section 11(1) bars a licensee from selling to anyone under 21, in person or online. Section 11(2) provides that “a person shall not purchase a kratom product over the internet in this state” if it does not comply with section 9.
  • Section 13 requires laboratory testing of raw materials and a certificate of analysis before a licence is granted, from a laboratory the department approves by rule.
  • Section 15 sets administrative fines of up to $500, and $1,000 for repeats, plus suspension or revocation of the licence. Section 17 requires implementing rules by 1 January 2028.

Read the text

Every version, newest first, linked to the legislature's own copy rather than a third-party mirror. The newest one is the text that matters; the older ones show what changed and when, which is often where the real story is.

What this bill would be worth without sections 9(c), 9(d) and 11(2)

The licensing half of this bill is genuinely well built, and we would back it. We are listing it in detail so that nobody can claim our objection is to regulation. Three provisions are the problem, and the rest is close to what we would write.

  • Licensing per location, including for online sellers shipping into the state, so there is always someone accountable.
  • Fees at $200 and $125 on a three-year licence, which a small vendor can pay.
  • A 30-business-day decision deadline, so an application cannot be left to rot.
  • Section 13's requirement that raw materials be laboratory tested with a certificate of analysis before a licence issues.
  • Section 7's requirement to state the alkaloid content and the specific amounts of mitragynine and 7-OH on the label. This is the disclosure we ask for.
  • A 21-and-over limit that applies online as well as in person.
  • Section 15's penalties: administrative fines and licence consequences, aimed at the business.

What our model act does instead

We are not asking anyone to do nothing. Every objection below comes with the clause we would put in its place — the full text is here.

§13

No Alkaloid Caps; Mandatory Disclosure

Section 7 already requires the 7-OH amount on the label. Section 9(c) then bans the product anyway above 2%. The bill has both mechanisms in it and does not need the second: once the number is on the package and verified under Section 13's testing, the cap adds nothing except removing the product. Our Section 13 keeps the disclosure and drops the ceiling.

§3

Definitions

Section 9(d) is the separate and deeper problem, and it was easy to miss behind the cap. It bans synthetic mitragynine and synthetic 7-OH as such — a line drawn on how a molecule was produced rather than what it is. Section 3(d) of our model act defines these alkaloids in any form, because a laboratory can identify a compound and cannot identify its history.

§20

Penalties

Section 11(2) reaches the buyer: a person shall not purchase a non-compliant product online. That is the only provision in the bill pointed at a consumer rather than a business, and it does not belong in a consumer protection act. Note also that Section 15 attaches no penalty to it — the fines cover licensees violating sections 7, 9 and 11, and unlicensed sellers under section 5(1), but not an ordinary purchaser. So the act creates a prohibition on buying with no stated consequence, which is either an oversight or an invitation to fill the gap later. Section 20 of our model act puts penalties on registered businesses and leaves the customer out of it.

§5

Scope of Protection and Regulation

Worth flagging for anyone amending this: Section 3(e) defines a kratom product as a food containing part of the leaf. Products that are not foods, or that are made from an extract rather than leaf material, may sit outside the whole act — including its testing and labeling. Section 5 of our model act applies to all kratom alkaloid products, so the protections cannot be stepped around by changing the product's form.

Who is behind it

Sponsors are not the enemy and treating them as one wastes the call. They put their name to this because somebody convinced them it would help; the job is to be the person who tells them what it will actually do. If one of them represents you, your call on this bill carries more weight than anyone else's — check whether they do.