Mohamed Gamiel, owner of Sarah Quick Stop and Liquor Corner Store in Tupelo, MS, has filed an appeal of the town’s recent decision to ban the manufacture, sale, and possession of kratom. The appeal was filed last week in Lee County Circuit Court.
Gamiel argues in his appeal that Tupelo’s kratom ban is arbitrary, unsupported by evidence, and based on unsubstantiated claims rather than documented evidence. He states that the city relied on vague references to agencies like the FDA, DEA, and Mayo Clinic without citing any studies, data, or documented incidents demonstrating harm. Gamiel maintains that kratom is a natural plant used safely by many residents, some of whom he says would be “literally disabled” without it. He contends that the city failed to show any local public‑health problems, contamination issues, overdose cases, or law‑enforcement burdens that would justify the prohibition. His appeal also asserts that the ban violates multiple constitutional rights—including the First, Fifth, and Sixth Amendments—and exceeds the city’s authority under Mississippi’s new kratom law, which regulates sales but does not mandate or justify a total municipal ban.
Convenience store owners have not generally been vocal advocates against kratom bans. KratomScience has interviewed owners of a smokeshop in Louisiana who were actively opposed to prohibition, but, in general, most activism comes from online vendors who are vocal kratom advocates and/or financial backers of organizations such as the American Kratom Association (AKA) and the Global Kratom Coalition (GKC).
Appeals by local businesses to overturn a municipal product ban succeed rarely—typically well under 20%, and often closer to single‑digit percentages—because courts give cities broad “police power” to regulate products for health and safety. Success usually requires proving the city acted without any evidence, violated procedural rules, or exceeded its legal authority.
The unanimous decision to ban kratom in Tupelo came on February 3. For the past several years, multiple counties and municipalities in Mississippi have banned kratom, but thus far ban bills have failed to pass statewide.
So far, city officials have not made any statements regarding the pending appeal. The ban would have taken effect 30 days after the February 3 vote. Due to the appeal, the ban is now stalled.