Several Mississippi Kratom Criminalization, Regulation Bills FAIL

Multiple bills filed in Mississippi that would either regulate kratom or criminalize consumers have failed, leaving legislation up to local county and town councils.

The bills fall into four distinct categories.

1. Schedule III

Four bills were introduced into the Mississippi legislature that would make kratom a Schedule III substance. In Mississippi, Schedule III drugs are classified as substances that have a moderate to low potential for physical and psychological dependence. These drugs have accepted medical uses but also carry a risk of abuse. Kratom would only be legal to possess with a doctor's prescription, and only be used by medical professionals. Those caught in possession of kratom would face similar criminal consequences as those caught possessing buprenorphine or ketamine.

It's unclear whether physicians would be able to prescribe kratom, since it is not classified as a drug by the federal Food and Drug Administration (FDA), or whether a medical kratom program has to be implemented by the state, much like a state medical marijuana program.

All four bills were introduced on January 20, 2025: two in the Mississippi House, and two in the Senate. SB2355 went the furthest. It passed the Senate with a unanimous 51-0 vote on February 11, but died in the House Judiciary Committee B on March 4.

2. Substance Screening Program

A second category of bills introduced that would harm kratom consumers would create a screening program in the Mississippi Department of Health for "Any Substance With The Potential To Be Recreationally Used Or Abused". All substances to be sold over the counter would be subject to this screening by the Department of Health.

This broad categorization may inadvertently apply to products like coffee, candy, or junk food. Such a program would place an enormous workload on the department of health, and would be very expensive.

It most certainly targets kratom. Such a law, if it was even possible to implement, would take kratom out of legal markets in Mississippi.

Out of three bills introduced, two died on February 4th. SB2354 went the furthest, passing the Senate before dying in committee on March 4th.

3. Kratom Consumer Protection Act

Six bills were filed in Mississippi in 2025 that were called "The Kratom Consumer Protection Act". In general, KCPAs are designed to ensure the safety and quality of kratom products for consumers. It sets guidelines for the manufacturing, distribution, sale, and labeling of kratom products. Some key provisions of the KCPA include:

• Prohibiting the sale of kratom to minors (18+ only).

• Banning the sale of adulterated or contaminated kratom products.

• Disallowing kratom products that contain harmful substances or synthetic kratom alkaloids.

• Requiring proper labeling of kratom products, including the ingredients and origin of the kratom.

• Disclosing the amount of mitragynine and 7-hydroxymitragynine in each product

In this session, Mississippi legislatures also added excise taxes and adverse event reporting systems on some of the bills, had rules for display and sales percentages for retailers, and in some cases prohibited local governments from adding additional restrictions.

All six bills were introduced on January 20th, and all died on February 4th except for HB1553, which lasted a week longer before dying on February 13th.

4. Kratom Control Act

One bill, SB2734, seemed to be similar to a Kratom Consumer Protection Act, but was entitled the "Kratom Control Act". The summary is as follows:

"An Act To Enact The Kratom Control Act; To Define Terms; To Require A State-issued Retail License To Sell Kratom; To Require Businesses That Sell Kratom To Post Signage With Certain Conditions; To Create A Program To Encourage Responsible Vending; To Provide For Enforcement Of The Act; To Prohibit Certain Actions In The Sale Of Kratom; To Establish Fines And Penalties For Violatio ns Of This Act; To Establish Exceptions And Defenses To Violations Of This Act; And For Related Purposes."

The bill was introduced by Senator Rod Hickman on January 20th, and died on February 4th.

Two Kratom Bills Still Alive in 2025 in Mississippi

HB1077 prohibits sales of kratom to persons under the age of 21. This bill passed the House on February 6th, and the Senate on March 6th. Both houses passed the bill with a unanimous vote. The governor is expected to sign HB1077 into law.

HB1896 imposes an excise tax on kratom products and defines the terms "kratom leaf", "kratom leaf extract" and "kratom product". The bill passed the house on February 26th with a unanimous vote and now sits in the Senate Finance Committee.

Local Bans in Mississippi Continue

Kratom has faced significant opposition in various towns and counties across Mississippi. While kratom remains legal at the state level, many local governments have taken steps to ban its sale and possession. As of now, approximately 12 counties and 28 cities in Mississippi have implemented bans on kratom.

Recently, Jones County has been considering a ban on kratom following the City of Laurel's recent prohibition of the substance. The Jones County Board of Supervisors has been discussing an ordinance to ban the sale, distribution, and possession of kratom due to concerns raised by the local drug court.

The proposed ordinance would make selling kratom a misdemeanor, punishable by fines and potential jail time. If enacted, stores would have 30 days to comply with the ban.

The ordinance is likely to pass, according to Board Attorney Danielle Ashley, who mentioned that the county is prepared for potential litigation. The penalties for violating the ban include a $1,000 fine and/or six months in jail for the first offense, and a $1,500 fine with the same jail time for subsequent offenses.