Mississippi bill enforces a raft of new restrictions on Kratom

Governor Tate Reeves signed House Bill 1077 into law on Thursday, establishing new statewide regulations on the sale and possession of Kratom, a popular herbal substance from Southeast Asia. The legislation, which takes effect July 1:

• prohibits the sale of Kratom to individuals under the age of 21;
• bans products containing synthetic Kratom extracts or high concentrations of 7-hydroxymitragynine.

Mississippi becomes the 15th state to adopt the Kratom Consumer Protection Act, a bill which seeks to legtimize Kratom as a legal supplement, whilst protecting its buyers and vendors. The American Kratom Association, political advocates for Kratom and the brains behind the KCPA, see Mississippi's adoption of the act as a huge win - it's a state that has come close to banning the subtance outright in recent years.

Authored by Rep. Lee Yancey, the measure introduces penalties for both underage possession and for businesses that violate the age restriction. The law also prohibits synthetic Kratom products, which have been linked to increased health risks due to their potency.

Yancey stated that the bill is intended to improve public safety, particularly for younger Mississippians, and limit access to more dangerous forms of Kratom.

However, he acknowledged that the legislation stops short of a full ban. He said: “There are individuals using Kratom as a means of reducing dependence on other opioids.

“While I would prefer they eventually discontinue its use entirely, this measure represents a reasonable step.”

Some feel the bill has not gone far enough which is no surprise in a state which already heavily regulates Kratom at a provincial level.

Existing local ordinances regulating or banning Kratom will remain in effect. The law also preserves the authority of municipalities to impose additional restrictions.

Currently, more than 30 local governments in Mississippi have enacted regulations or bans on Kratom. The substance is readily available in retail settings such as gas stations and vape shops, raising concerns among public health officials and lawmakers.

Critics argue that Kratom poses significant public health risks, including addiction and adverse psychological effects. Supporters contend it offers therapeutic benefits for individuals managing chronic pain, depression, or opioid dependency.

HB 1077 was one of four Kratom-related bills introduced during this legislative session. A Senate bill by Sen. Angela Turner-Ford, which sought to classify synthetic Kratom extracts as controlled substances, failed to pass the House. Two additional House bills did not advance to a floor vote.

At a January 28 hearing of the House Drug Policy Committee, Dr Jennifer Bryan, president of the Mississippi Medical Association, advocated for scheduling all forms of Kratom - natural and synthetic - as controlled substances, calling it 'the next phase of the opioid crisis'.

State Health Officer Dr Dan Edney echoed that position, citing the drug’s addictive potential. If banned, Mississippi would join five other states in the USA to ban Kratom entirely: Rhode Island; Wisconsin; Arkansas; Indiana; and Alabama.

Opponents of a full ban argue such action could be counterproductive. Christina Dent, founder of the nonprofit End It For Good, supports age restrictions and a ban on synthetic products but cautions against criminalizing Kratom entirely.

“We should address the risks through regulation,” Dent said, “but avoid driving the product into an unregulated underground market.”

Legislative efforts to regulate Kratom have stalled in previous years. A 2022 bill to classify Kratom as a Schedule I substance and a 2023 proposal to ban Kratom extracts both failed to clear the Senate.

“This is progress,” Yancey said. “We’ve taken an important step forward in regulating a substance that deserves closer scrutiny.”