Committee advances proposed consumer-protection language on kratom and similar products to full committee

The Senate Medical Affairs subcommittee discussed a consumer‑protection proposal under tab 2 that would regulate kratom and similar products, including age limits, allowable chemical components and penalties for adulterated products.

A sponsor’s summary said the draft follows models adopted in about a dozen other states and would make it unlawful to sell the product to anyone under 21, define permissible chemical content and prohibit sale of products adulterated with controlled substances. The measure would not ban the product outright but would create a state standard for composition and sales.

Senators debated details, including whether liability should require knowledge by the retailer that a product was adulterated. One senator asked that staff draft an amendment to add a “knowingly” standard so lawful businesses are not penalized if they purchased a product they reasonably believed to be safe.

Committee members also discussed constitutional limits tied to the state’s alcohol‑age carve‑out and whether a constitutional amendment would be necessary to change the state age from 18 to 21 for statutory enforcement.

Sponsors said the approach would give South Carolina regulators clear standards for what may be sold in the state, including limits tied to federal controlled‑substance schedules and explicit prohibitions on Schedule I–V substances in retail kratom products.

After discussion the subcommittee voted to advance the consumer‑protection draft to the full committee. Senators said they will work with staff on the suggested “knowingly” amendment and related drafting issues before the full‑committee hearing.