Formally introduced on March 5, 2026 by Katherine Gilmore Richardson, proposed Philadelphia City Council legislation would impose strict licensing, testing, packaging, and approval requirements on kratom products sold in the city. Supporters of the bill argue the rules are necessary to address concerns about synthetic extracts, youth access, mislabeled products, and the growing number of unregulated smoke shops selling psychoactive substances.
Kratom advocates have supported tighter restrictions on kratom products for several years, but oppose the portion of Philadelphia Bill No. 260163 requiring products to meet FDA approval standards, arguing that effectively bans traditional kratom because no natural kratom products have FDA approval.
The language people are pointing to is in Section 9-6702(3) of Bill 260163. It says:
“It shall be unlawful for any person to sell or offer for sale any intoxicating substance that is not considered appropriate for use as a dietary supplement or a safe food additive or the subject of an application that has been approved in accordance with under Sections 201, 301, 402, 409, or 505 of the Federal Food, Drug, and Cosmetic Act…”
The measure would effectively ban kratom sales within Philadelphia city limits, but it would not criminalize the possession of kratom by Philadelphians, nor prevent them from purchasing kratom online or outside the city.