Utah's Partial Kratom Ban Takes Effect May 6; Federal Court Rejects Botanic Tonics' Injunction Bid

Why it matters

Utah's kratom law — which bans adulterated and mixed kratom while permitting pure leaf powder — went into effect today, creating a regulatory template other states are watching closely. A federal judge's rejection of the industry's legal challenge strengthens the law's prospects.

The big picture

Utah's SB 45 distinguishes between pure kratom leaf products (allowed for adults 21+) and adulterated or enhanced products like 7-OH concentrates (banned). This middle-ground approach differs from total bans enacted in Tennessee and Kentucky. The manufacturer of Feel Free kratom-kava tonics sued to block enforcement, but a federal judge denied their injunction request Monday, finding no preemption by federal law.

Key findings

• Utah SB 45 prohibits adulterated kratom — including products mixed with kava, 7-OH concentrates, and other adulterants
• Only pure kratom leaf powders and capsules sold in specialty stores remain legal
• Botanic Tonics (maker of Feel Free tonic combining kratom and kava) lost its federal court injunction request
• The judge ruled federal dietary supplement law does not require states to allow kratom products to be sold
• Botanic Tonics filed an appeal the same day; sponsor Sen. McKell predicts the appeal will fail
• The company faced an immediate loss of $10.7 million in Utah sales

What they say

Sen. Mike McKell, who sponsored the law, said: "Bottom line is the product sold by the company Botanic Tonics is really dangerous, and I'm glad that we're no longer going to be selling the product Feel Free in the state of Utah."

Bottom line

**Utah's partial kratom ban is now law after a federal court rejected industry challenges — setting a precedent that states can regulate kratom without conflicting with federal law.**