TRIO OF STATES CONSIDER DIFFERENT LEVELS OF KRATOM REGULATION DURING PIVOTAL LEGISLATIVE SESSION

As science and society address the kratom question in more depth, states across the country are scrambling to take action on the plant.

While some are listening to the developments and taking a reasonable approach to regulation, others have renewed the rationale behind attempting to limit access to kratom. Regardless of the approach a state takes, the ramifications of the 2026 legislative session nationwide could have a significant impact on the future of kratom regulations at both the state and federal levels. 

Three states are showing the various ways lawmakers are responding to developments surrounding kratom.

Kansas Pursues Kratom Ban

One of the more unique approaches to limiting access to kratom is a signature away from becoming law in Kansas.

What started as SB 497 has now been rolled into a different bill entirely and has passed both chambers of the Kansas legislature. That original bill was a straightforward attempt to make all forms of kratom Schedule I in the state. Rather than using complicated language, SB 497 would add mitragynine, the most abundant alkaloid in natural kratom leaf, and 7-hydroxymitragynine (7-OH) to the list of controlled substances.

Although 7-OH occurs in trace amounts in natural kratom leaf, bad actors in the industry can artificially enhance the amount of 7-OH in products. Rather than make a differentiation between the two products, lawmakers in Kansas have opted to treat both alkaloids with the same course of action.

As introduced, SB 497 passed the Senate by a vote of 33-5 and stalled in the House Committee on Health and Human Services. Instead, a conference committee on HB 2365 gutted the bill in favor of language that would add the kratom restrictions introduced in SB 497.

The bill that emerged was passed in the State Senate on Mar. 26 and voted through the House the next day.

It is unclear what action Gov. Laura Kelly will take, but the passage of the bill could criminalize responsible kratom users in Kansas should the bill be signed into law. If Kelly vetoes the bill, lawmakers can attempt to override that action during the veto sessions on Apr. 9. 

Proposed Arizona Regulations Stay Alive in Senate

Arizona took a more moderate approach to kratom, including a proposed scheduling decision surrounding 7-OH and regulations of natural kratom products.

The bill, HB 2415, takes two distinct steps in creating laws around kratom sales. First is the addition of specific kratom alkaloids and byproducts to the list of controlled substances in the state. That includes "at least eight hundred parts per million of 7-hydroxymitragynine" and any synthetically derived compound of the plant Mitragyna speciosa. The AHPA has similarly warned against labeling such synthetic 7-OH products as kratom, reinforcing the importance of that distinction.

In the second section of regulations, the proposed law would require detailed labels, including ingredients, the amount of alkaloids and information on serving sizes. It also makes it a crime to offer product marketing that appeals to consumers under 21 or is packaged “in a false or misleading manner.”

Those same regulations also prohibit producers from advertising “any health-related statement or statement regarding the effects of kratom consumption on health that is known to be untrue.” 

HB 2415 passed the Arizona House of Representatives by a vote of 36-17 (with seven abstentions) and is currently making its way through the state Senate. The bill faced a vote from the Senate Rules Committee to determine whether or not the bill is proper for consideration, and narrowly advanced by a 4-3 vote on Mar. 30 to make its way onto the consent calendar for final consideration.

Virginia Regulations Advance to Governor’s Desk

Virginia's approach to regulating kratom is the closest attempt to pass a version of the Kratom Consumer Protection Act (KCPA).

Rather than attempting to schedule kratom or create a controlled substance designation, the proposed law in Virginia adds an all-encompassing clause on kratom. The kratom portion is only one aspect of HB 360, also known as the Virginia Consumer Protection Act.

Per that section, the bill would make it illegal to sell a kratom product to a person younger than 21 and implement a series of requirements for kratom products. Those guidelines would also require labels to list all ingredients on the product and include a disclosure about the potential dangers of such products.

Beyond the label requirements, the law would dictate how retailers sell and store kratom and set standards for what type of kratom products are legal in the state. Those restrictions include a limit on the amount of 7-OH in a product labeled as kratom (1% of total alkaloids) and a ban on adulterated kratom products.

Finally, kratom products are not allowed to be sold with the intent of vaporization or injection and cannot be “manufactured, packaged or marketed in a manner attractive to children.” 

The final form of the bill emerged from a back-and-forth in both chambers, including multiple substitute bills in both the state Senate and House of Representatives. After a variety of debates and votes in committee, the bill passed out of the House by a 95-2 margin on Feb. 17. In the Senate, every vote in committee and on the floor was unanimous in favor of the bill.

That leaves the proposed law on the desk of Gov. Abigail Spanberger, who has an action deadline of 11:59 p.m. on Apr. 13. 

For the latest on kratom legality across all three states and beyond, visit our kratom legality map.