Georgia committee holds hearing on HB 757 to expand kratom regulation and enforcement

The Agriculture & Consumer Affairs Committee on Monday heard House Bill 757, a proposal to bring kratom processors under the Department of Agricultureand create a registration and enforcement regime for kratom products sold in Georgia.

Representative Kelly opened the hearing, saying the bill would require processors to register annually and make sworn statements about product contents and safety, with the Department of Agriculture overseeing distribution and retail sales. "The beginning of the bill talks about processors of kratom, those who are actually processing, the kratom product, making them register, with the department annually and asking them to swear certain statements about the safety," Representative Kelly said.

The measure was presented as a two-year bill intended to let the committee refine enforcement details. Kelly told members he planned to restore a misdemeanor penalty in the billremoving a prior strike that had moved some penalties to administrative finesand that language creating a civil remedy for injuries caused by kratom might be added during revision.

Why it matters: Supporters said the bill would curb unsafe products and "get rid of the bad actors," while opponents warned the product can be dangerous and that the proposed language could leave enforcement gaps. The bill would change how kratom is regulated in Georgia and could affect manufacturers, retailers and consumers statewide.

What supporters said Jack Kingston, a former U.S. congressman appearing for the American Kratom Association, outlined national advocacy for consumer protection laws and told the committee there are "about nationally about 15,000,000 people" who use kratom in various forms. Kingston described four elements he said are common to state-level consumer-protection approaches: safety (dosage and packaging), access, regulatory oversight to track product provenance, and education.

Representative Townsend, who led the Legislature—s kratom law last year, urged keeping strong penalties for processors and tighter packaging rules to prevent products that appeal to children. Townsend said the 2024 law added packaging and dosage requirements and that the state—s approach intentionally regulated rather than banned kratom. "That's why we have to keep these regulations tight," Townsend said, citing local cases his office provided to lawmakers.

What opponents and critics said Eli Cohen, a plaintiffs— attorney representing families who have sued over kratom-related deaths, said he currently handles more than 30 cases and urged the committee to tighten definitions and registration requirements so importers and processors cannot evade oversight. "This is an incredibly dangerous product," Cohen said, and he recommended removing qualifiers such as "intended to be offered for sale to an end consumer" and broadening registration to capture bulk shipments and all delivery forms.

Robert Highsmith of Better Botanicals for Wellness, a manufacturer, urged distinction between whole-plant kratom products and concentrated synthetic extracts, and asked the committee to allow some natural beverage-format products to be displayed in beer coolers behind 21+ access rather than locked counters.

Technical and implementation questions Committee members pressed sponsors on testing, fees and administration. Representative Taylor asked whether a fiscal note existed for Department of Agriculture costs; Kelly said the bill authorizes the department to set a licensing fee tied to its estimated administrative costs so the program would be fee-supported rather than drawing on the state treasury. Representative Taylor replied she wants the Fiscal Office to review the cost estimate.

The committee also discussed age limits and packaging. Townsend said the current law requires purchasers to be 21 and that packaging and serving-size rules were intended to ensure consumers know what they are taking.

What happens next This hearing was informational; the committee did not take a formal vote on HB 757 during the session. Kelly indicated he will work with interested parties and may revise the billrestoring misdemeanor language for some processor violations and adding civil-remedy languagebefore future consideration.

Speakers identified in the hearing included Representative Kelly (presenter), Representative Townsend (author of the 2024 kratom law), Jack Kingston (former U.S. congressman), Eli Cohen (plaintiffs— attorney), Robert Highsmith (Better Botanicals for Wellness), Max Thielen (attorney), and multiple committee members who asked procedure and implementation questions.

Ending note: Committee members expressed interest in refining technical testing and enforcement language and requested clearer fiscal estimates from the Department of Agriculture before the bill returns to committee.