Kansas Lawmakers Seek Schedule I Reclassification for Kratom, Raising Alarm for Industry

Kansas Lawmakers Seek Schedule I Reclassification for Kratom, Raising Alarm for Industry

TOPEKA, KS – February 15, 2026 – Kansas lawmakers are currently considering a significant legislative change that could drastically alter the landscape for kratom in the state. A bill, Senate Bill No. 497, proposes reclassifying kratom as a Schedule I controlled substance under the Uniform Controlled Substances Act, placing it in the same category as drugs like methamphetamine, cocaine, and heroin. This move, if passed, would effectively ban the sale, possession, and use of kratom throughout Kansas. The bill, introduced recently, is currently undergoing hearings and also addresses the regulation of 7-OH products—a kratom derivative—and fentanyl-related substances. This state-level initiative follows a recent ordinance passed in Kansas City that bans synthetic kratom products and restricts natural kratom sales to individuals 21 and older, mandating licenses for retailers.

Why This Matters to Kratom Merchants and Consumers

For kratom merchants operating in Kansas, the implications of Senate Bill No. 497 are dire. A Schedule I classification would necessitate an immediate cessation of all kratom-related business operations, leading to potential significant financial losses and the closure of businesses. Even if the state bill doesn't pass in its current form, the existing local action in Kansas City, coupled with ongoing legislative discussions, underscores a growing trend of increased scrutiny and regulation. This creates a complex "regulatory patchwork" across states, making nationwide compliance a formidable challenge for businesses.

Consumers in Kansas would also face severe consequences. Reclassifying kratom as a Schedule I substance would criminalize its possession and use, potentially leading to legal penalties. Many individuals who utilize kratom for its reported benefits, such as pain relief or energy, would lose access to a product they rely on.

Compliance Implications for High-Risk Merchants

The ongoing legislative efforts in Kansas reinforce kratom's classification as a "high-risk" industry for financial institutions due to inconsistent state laws and heightened regulatory scrutiny. This environment often translates to difficulties in securing payment processing, higher transaction fees, and an increased risk of account freezes or terminations.

Even in states where kratom remains legal, the trend is towards stricter state-level mandates. Merchants must be prepared for potential requirements such as state registration, inclusion in product directories, and mandatory age verification (typically 21 and older). Furthermore, specific product restrictions, like bans on synthetic alkaloids or limits on 7-hydroxymitragynine content, are becoming more common.

Essential Regulatory Compliance for High-Risk Merchants

Given this volatile regulatory climate, high-risk kratom merchants must prioritize robust compliance measures:

1. Certificates of Analysis (COAs): Third-party COAs are paramount. They provide transparent documentation of alkaloid content (mitragynine, 7-hydroxymitragynine) and confirm products are free from contaminants such as heavy metals, microbes (Salmonella, E. coli, yeast, mold), mycotoxins, pesticides, and residual solvents. COAs should be batch-specific and recent, ideally within the last 12 months.
2. Accredited Lab Testing: Partner with ISO 17025 accredited laboratories to ensure the reliability, consistency, and legal defensibility of your test results. Comprehensive testing, including a full alkaloid panel and a complete safety panel, is crucial.
3. Website Compliance: Maintain a fully compliant website with clear terms of service, privacy and refund policies, and transparent contact information. Crucially, avoid making any medical or therapeutic claims about kratom products, as this can trigger FDA warnings and account terminations.
4. Age Verification: Implement robust digital age-gating mechanisms, requiring age verification (often 21+) at both website entry and checkout.
5. Shipping Restrictions: Utilize automated systems to block sales and shipments to states and jurisdictions where kratom is restricted or banned.
6. Adherence to AKA GMP Standards: Following the American Kratom Association's (AKA) Good Manufacturing Practices (GMP) Standards Program, which includes supplier qualification, documented standard operating procedures, and rigorous testing, demonstrates a commitment to quality and consumer safety.
7. Product Presentation: Avoid any marketing or product presentation that resembles "gas station drugs" or candy, as regulators are increasingly targeting such imagery to prevent sales to minors.

The proposed reclassification in Kansas is a stark reminder of the unpredictable regulatory environment surrounding kratom. Merchants must remain vigilant, proactive, and committed to stringent compliance to navigate these evolving challenges.