Rhode Island Introduces Kratom Legalization Bills

Bills in Rhode Island's house and senate could legalize and regulate kratom. Rhode Island kratom consumers have been criminalized since 2017.

The companion bills, H5565 in the house, and S0792 in the senate, known as "The Rhode Island Kratom Act" were introduced earlier this year. April 8th, both committees in both houses where the bills were sitting "recommended measure be held for further study".

A kratom regulation bill was vetoed last year. This revised bill, now expanded to 25 pages, aims to replace the state's kratom prohibition with strict regulations. Lawmakers emphasize that the new version reflects a year-long collaboration with the administration to address concerns about consumer safety and market control.

The bill seeks to control the amount of psychoactive alkaloids, mitragynine and 7-hydroxymitragynine, in kratom products while ensuring proper labeling and restricting sales to minors.

Kirsten Smith, a scientist at Johns Hopkins University, spoke in favor of the bill at hearings in the Rhode Island State House on April 8th, saying “There are real humans who use this very responsibly and depend on it for their longterm recovery."

Dr. Smith also pointed out that enforced regulation promotes product safety. "If they’re going to do some polysubstance use, which is beyond our control, I would much prefer them to be informed consumers, as opposed to taking some random thing.”

Jeffrey Bratberg of the Rhode Island Pharmacists Association spoke against the bill. Bratburg argued with a straw man often brought up by kratom prohibitionists, the idea that "kratom is natural therefore safe."

“We don’t use willow bark to treat pain. That’s what aspirin is derived from,” said Bratburg, arguing in favor of rigorously tested and approved drugs over plants.

While some companies may have used the term "natural" a marketing ploy, many advocates and experts point out that plain leaf kratom has been and continues to be consumed safely in moderate doses for centuries.

History of the Rhode Island Kratom Ban

Rhode Island's ban on kratom dates back to May 31, 2017, when the state's Department of Health classified its active compounds, mitragynine and 7-hydroxymitragynine, as Schedule I controlled substances. This decision was made swiftly and without public hearings, voting, or opportunities for objections.

Initially, the ban was set to take effect on April 10, 2017, but confusion arose as kratom and its alkaloids were not explicitly listed in the Rhode Island Uniform Controlled Substances Act. However, reports of arrests related to kratom clarified that the ban was indeed in place.

The ban was driven by concerns over kratom's psychoactive effects and potential risks, including dependency, withdrawal symptoms, and adverse health effects like seizures and agitation. The Department of Health cited these risks as justification for the prohibition, aligning with broader concerns raised by the U.S. Food and Drug Administration about kratom's safety.