In a significant shift in Mississippi’s ongoing debate over kratom, Governor Tate Reeves signed two bills into law this April that fundamentally alter access to the herbal supplement. While touted by proponents as a safer alternative to opioids, kratom has faced repeated legislative efforts to restrict or ban its use in the state.
Stricter Controls on Kratom Sales
House Bill 1077, titled “Kratom products; prohibit sale to persons under 21,” sets new limitations on kratom sales, barring minors from purchasing the product and requiring retailers to keep it behind the counter. It also caps the allowed amount of 7-hydroxymitragynine—a metabolite of mitragynine linked to kratom’s effects—at 1% of total alkaloids.
Meanwhile, House Bill 1896 introduces a hefty 25% excise tax on kratom, a rate even higher than Mississippi’s tax on tobacco, a known leading cause of preventable death and disease in the state. The financial burden this tax places on kratom consumers raises questions about whether the government is using taxation as a deterrent rather than a simple revenue source.
Legislative Challenges and Shifting Strategies
Mississippi’s battle over kratom regulation has been unfolding for over half a decade. In 2018, efforts to ban kratom outright nearly succeeded when SB2475 attempted to classify kratom as a Schedule I controlled substance. That bill failed, while HB974 was amended to exclude kratom from restrictions, allowing it to remain legally unregulated.
Following statewide legislative setbacks, policymakers turned their attention to local bans, with various counties—especially in Northeast Mississippi—prohibiting kratom in 2019. Alcorn and Tishomingo counties, both regions with high opioid prescription rates, were among those eliminating access to what some consider a natural alternative to pharmaceutical painkillers.
State Senator Chuck Younger continued pushing for kratom scheduling in 2020, but his efforts, like many before him, did not materialize into law. More attempts came in 2022 with HB681, and again in 2023, when lawmakers tried to tie kratom prohibition to another substance, tianeptine. That bill, HB838, died in February of that year. The trend persisted in 2024, when HB364 and HB5 both sought to classify kratom as a Schedule I drug but ultimately failed.
Lobbying Forces and Industry Influence
Despite numerous legislative attempts to restrict kratom, lobbying efforts have kept the industry alive in Mississippi. The American Kratom Association expressed excitement over the passage of these new bills, though the organization’s reference to the “Kratom Consumer Protection Act” was puzzling, as no bill by that name was passed. Another group, Botanicals for Better Health and Wellness, aligned with lobbying firm Miller Strategies LLC, also played a role in promoting the new legislation.
A State at Odds Over Kratom’s Future
Mississippi lawmakers have long debated whether kratom presents more risk than reward. Some advocate for harsh restrictions, pointing to concerns over dependency and adulteration in the kratom market. Others view the plant as a harm-reduction tool, particularly in a state grappling with opioid addiction.
With the passage of HB1077 and HB1896, Mississippi has chosen regulation over prohibition—at least for now. But history suggests that the fight over kratom in the Magnolia State is far from over.