Connecticut Governor Signs Bill to Ban Kratom

A bill signed by Connecticut Governor Ned Lamont on June 25 will schedule kratom as a controlled substance in Connecticut. Regardless of the schedule assigned, kratom will be illegal to freely sell, buy, and possess in the state.

Section 4 of the bill instructs the Commissioner of Consumer Protection Bryan T. Cafferelli to schedule a list of substances, including kratom. This section of the bill is “effective upon passage”, suggesting the scheduling process will take place soon. The Commissioner will decide which schedule to assign kratom.

In Connecticut, controlled substances are classified as Schedule I – V.

• Schedule I: Completely prohibited for medical use. These drugs (e.g., heroin, LSD) are illegal to possess or distribute.
• Schedule II: Available only by prescription, but with strict regulations. Prescriptions cannot be refilled and require a new authorization each time.
• Schedule III & IV: Prescription required, but with fewer restrictions than Schedule II. Some refills are allowed within a limited timeframe.
• Schedule V: Some drugs (e.g., certain cough syrups) may be available over the counter, but others still require a prescription.

It is unlikely there will be a “medicinal kratom” program in Connecticut, as it would require separate legislation to approve licensed kratom vendors, and for doctors to be legally allowed to prescribe substances that aren’t FDA-approved drugs. Therefore, it’s not likely Connecticut residents will be able to legally possess and consume kratom at all.

There remains a small glimmer of hope that as in Louisiana, which recently placed kratom on Schedule I of its list of controlled substances, possession of a small amount of kratom will be decriminalized, and only result in a small fine. For example, possession of up to 20 grams of kratom in Louisiana results in a maximum fine of $100.

When evaluating kratom during the scheduling process, the Commissioner will consider:

• Actual or relative potential for abuse
• Scientific evidence of pharmacological effect
• Current scientific knowledge
• History and pattern of abuse
• Scope, duration, and significance of abuse
• Risk to public health
• Psychic or physiological dependence liability
• Whether the substance is a precursor to another controlled substance

Proposed scheduling changes are published for public comment, and hearings may be held before final adoption.

Connecticut kratom advocates have not had a fighting chance thus far to effectively oppose this measure, as it was sneaked into HB6855, originally a bill to regulate hemp, at the last minute, on June 2nd. The bill passed the House and Senate on June 4th. The American Kratom Association urged its followers to contact Gov. Lamont to veto the bill. Instead, he signed it.

This was a surprising turn of events given that Connecticut has tried to regulate rather than schedule kratom in the past.

In 2021, HB6333 was introduced to establish regulations for kratom sales, testing, and labeling. While it didn’t pass, it sparked discussions about kratom consumer safety. In 2023, SB920 sought to restrict kratom sales to individuals aged 21 and older, but it also failed to advance.

A similar measure was also added to a hemp regulation bill in North Carolina. H328 has passed the House and Senate and is currently sitting in the Committee on Rules, Calendar, and Operations of the House. The bill, if passed, will classify kratom as a Schedule VI controlled substance in North Carolina.