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Subcommittee backs amendment to ban synthetic kratom while allowing natural leaf
Summary
A South Carolina House Judiciary subcommittee voted to report H4641 favorably as amended, adopting an amendment that would allow sale of natural kratom leaf but make synthetic kratom products illegal and increase penalties for distribution and adulterated products.
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A House Judiciary subcommittee voted to give a favorable report to H4641 as amended after adopting an amendment that would permit sale of naturally occurring kratom leaf while criminalizing synthetic derivatives and adulterated products.
Mr. Britton, who presented the general law subcommittee report, said the bill responds to testimony about deaths and severe withdrawal tied to synthetic kratom products and aims to protect residents while preserving potential access to natural leaf for those who say it helps with dependency. "For some, kratom has presented an answer, a substitute, a lifeline," Britton said, adding that the state "deserves real pathways to recovery".
Under the amendment described by Britton, synthetically derived alkaloids including synthetic mitragynine and synthetic 7‑hydroxy mitragynine would be unlawful; distribution of prohibited products would carry penalties Britton summarized as up to five years' imprisonment and a fine of up to $1,000, with possession penalties described as up to six months' imprisonment and up to a $1,000 fine. The amendment also would bar products adulterated with certain listed controlled substances and those that fail to meet labeling or residual-solvent standards described in chapter references cited during the hearing.
Committee members questioned enforcement and federal overlap. "To as to date, we do not have any federal regulation on the drug kratom," Britton said when asked about federal authorities; he said FDA and other federal review processes have not provided a definitive regulatory framework. Members acknowledged that law-enforcement agents, including SLED, can find it difficult to distinguish natural leaf from synthetic formulations in roadside encounters.
Several members said they had received strong public testimony on both sides. Representative Martin said the Kratom Consumer Protection Act passed in 2025 already established age and labeling rules, and that much constituent input favored focusing on synthetic formulations and preserving natural products. Representative Bailey warned that regulating natural products could open doors for other natural-product exceptions, citing hemp as an example.
The committee adopted the Britton amendment and, on roll call, reported H4641 favorably as amended. The transcript records the vote as 20 in favor, 1 opposed, and 4 not voting. The committee did not take further floor action on technical enforcement language during the meeting; members said they expect additional drafting to address identification and enforcement challenges before final legislative action.
