Is Kratom Legal in Utah?

The history of kratom legislation in Utah is tied to the dietary supplements industry.

Utah is widely recognized as the epicenter of the dietary supplements industry. A significant factor in Utah's prominence in this industry is the Dietary Supplement Health and Education Act (DSHEA) of 1994, championed by Senator Orrin Hatch.

This federal law allowed dietary supplements to be regulated differently from drugs, enabling manufacturers to make general health claims without needing FDA approval for safety or efficacy. This regulatory environment has fostered a thriving industry in Utah, generating billions of dollars in revenue annually.

In 2017, Utah passed HB0110, which updated the list of controlled substances in the state. Kratom was initially part of this list, but was removed by the House Health Committee before being passed over to the Senate.

In March 2019, Utah became the first state in the US to regulate Kratom by passing the Kratom Customer Protection Act (KCPA).

The Utah KCPA designates the Utah Department of Agriculture and Food (UDAF) to oversee the regulation of kratom. Kratom manufacturers and retailers must register with the UDAF as a "Kratom Retail Food Establishment" or a "Kratom Manufacturing Food Establishment".

The act mandates that kratom products be free from contaminants and adulterants, and that they are accurately labeled with ingredients and origin. The sale of kratom is prohibited to individuals under 18 years of age. There is a registration fee for both manufacturers and products.

Other states passed their own version of the KCPA in subsequent years.