Is Kratom Legal in Arkansas?
Kratom prohibition in Arkansas has had a peculiar beginning and has led to widely publicized tragic results.
The primary influence behind kratom prohibition in Arkansas was Dr. Nate Smith, the director of the Arkansas Department of Health at the time. In 2015, Dr. Smith received a report from a doctor at an addiction treatment center in Springdale, Arkansas, who claimed that some of his patients were using kratom and that it exhibited opioid-like effects. This prompted the Arkansas Department of Health to propose adding kratom alkaloids, mitragynine and 7-hydroxymitragynine, to the state's list of controlled substances.
By early 2016, kratom was classified as a Schedule I controlled substance in Arkansas, making it illegal to manufacture, distribute, or possess. Later that year, the Drug Enforcement Administration (DEA) announced its intention to ban kratom, and later withdrew that intention following a massive outcry by tens of thousands of kratom advocates.
In 2023, advocacy efforts led to the introduction of the Arkansas Kratom Consumer Protection Act, which aimed to regulate rather than ban kratom. The bill proposed guidelines for the safe sale and distribution of kratom products. However, the bill was not passed.
Therefore, kratom remains just as illegal as heroin and LSD in Arkansas.
Marshall Ray Price was a 46-year-old man from Arkansas who tragically died in custody at the Greene County Detention Center in December 2022. He was serving a 10-year sentence for trafficking a Schedule I controlled substance in Arkansas: kratom. Price was found with over 200 grams of kratom in his vehicle, according to police, which led to his felony trafficking charge.
Price's case highlights the severe penalties associated with kratom possession in Arkansas and the broader implications of the state's strict drug laws. His family and supporters argue that his death was a result of the harsh penalties imposed for a substance they believe helped him and his overall well-being. They also claim that the charges against him were excessive and that he should not have been incarcerated for possessing a natural supplement.
The family said to have received multiple contradictory accounts from the Greene County Jail, as well as instances of what they interpreted as police harassment.
The case of Marshall Ray Price has become a focal point for advocates pushing for changes to kratom legislation in Arkansas, arguing that the current laws are overly punitive and fail to consider the potential benefits of kratom for some users.
Newsweek covered the case of Marshall Price in 2023, focusing on Arkansas' extreme justice system.
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