Mississippi Governor Signs Kratom Regulation, Excise Tax into Law

Mississippi Governor Tate Reeves has signed two kratom bills into law in April.

House Bill 1077, entitled "Kratom products; prohibit sale to persons under 21", prohibits kratom products containing 7-hydroxymitragynine at amounts exceeding 1% of alkaloids. It also requires retailers to keep kratom behind the counter and sell to only those 21 years of age or older.

House Bill 1896, entitled "Excise tax; impose on kratom products and revise provisions relating to purchase of tobacco products from outside MS", places a 25% excise tax on all kratom products sold in Mississippi. The kratom tax that's even 10% higher than the tax on tobacco, which is the leading cause of preventable death and disease in Mississippi.

In an email sent April 25, the American Kratom Association wrote, "We are thrilled to announce that Governor Tate Reeves has signed the Kratom Consumer Protection Act into law! This is a major milestone, especially considering Mississippi's long history of attempted kratom bans." It's unclear which bill the organization was referring to, since neither bill was called the "Kratom Consumer Protection Act".

Another group, Botanicals for Better Health and Wellness, affiliated with lobbying firm Miller Strategies LLC, also worked to get the bill passed.

Since 2018, there have been multiple attempts to ban kratom in Mississippi.

In 2018, two statewide bills aimed to ban kratom. SB2475 proposed to classify kratom as a Schedule I controlled substance but ultimately failed. HB974 ultimately was amended to exclude kratom from restrictions, leaving the substance unregulated.

Following these failed attempts, legislators shifted their focus to city and county bans. In 2019, numerous local governments, especially in Northeast Mississippi, prohibited kratom. Alcorn and Tishomingo counties, regions with high opioid prescription rates, were among those banning kratom, eliminating access to what many consider a natural alternative.

Efforts continued in 2020, with State Senator Chuck Younger expressing intentions to introduce multiple bills, one of which sought to schedule kratom as a Schedule I drug.

Statewide bills continued sporadically. In 2022 HB681 passed the House but died in committee.

Multiple bills in 2023 proposed regulations and bans but failed to advance, including HB838 that combined kratom prohibition with tianeptine but died in February of that year.

HB364 and HB5 both attempted to classify kratom as a Schedule I controlled substance; both died in committee in 2024.