For-Profit Prison State Louisiana Threatens to Ban Kratom

A Louisiana kratom ban bill passed through a senate judiciary committee. Despite testimony from expert scientists and long term kratom consumers, the committee voted "Reported with amendments" on April 29. Therefore the bill, SB154, will go to a vote on the Louisiana senate floor.

SB154, sponsored by State Senator Jay Morris, will criminalize kratom consumers and vendors. A amendment to the bill limited the penalty for possession of kratom under 14 grams to a fine.

Senator Morris has received donations from the Louisiana Sheriff's Association, vocal proponents of kratom prohibition.

Louisiana has a 100% for-profit prison system. As a result, and not at all surprisingly, the state has the 2nd largest incarceration rate of any state, and one of the highest incarceration rates in the world, with more than 44,000 people behind bars—double the national average. Unlike other states that have sought to reduce sentences and find alternatives to incarceration, Louisiana has relied heavily on private and locally run prisons to house its growing inmate population.

In the early 1990s, Louisiana faced overcrowding in its prisons and had two choices: reduce sentences or build more prisons. Due to budget constraints, the state encouraged rural sheriffs to build and operate their own prisons, known as parish jails. These jails became a major source of employment in economically struggling areas, where working as a prison guard was often the best job opportunity available. The state pays sheriffs a daily rate per inmate, which incentivizes keeping jail beds full.

Historically, Louisiana has had a long relationship with privatized incarceration. The state's penitentiary system was first privatized in 1844, with inmates used as cheap labor in factories. The focus was on profitability rather than rehabilitation, a trend that continues in modern private prisons.

The reliance on for-profit incarceration has led to concerns about justice and fairness. Harsh sentencing laws, such as a 10-year sentence for writing a bad check, a 24-year minimum sentence for repeat burglary offenders, and any sentence for the possession of plants, contribute to high incarceration rates. Such a system prioritizes financial gain over rehabilitation, creating a cycle of incarceration that disproportionately affects marginalized communities, like racial minorities and those who are unable to afford medical care and rely on supplements and plants for wellness.

During the kratom ban hearing, Morris initially gave a stammering testimony before listening intently to the testimony of prohibitionists. He then interrogated kratom experts, at times intentionally making misleading statements about their testimony.

When faced with data and evidence from scientists, Morris seemed uninterested, and resorted instead to questioning the financial motivations of the scientists. Morris often had separate conversations or fumbled with his phone when others gave testimony opposing the bill.

Morris received a total of $2,400 from Louisiana Sheriffs' Association in 2021 and 2023.

On April 30, SB154 was "Read by title. Committee amendments read and adopted. Ordered engrossed and passed to third reading and final passage" in the Louisiana senate.