Kratom Industry Faces Shifting Landscape with New State-Level Classifications and Regulations

Kratom Industry Faces Shifting Landscape with New State-Level Classifications and Regulations

FOR IMMEDIATE RELEASE

[City, State] – February 8, 2026 – The kratom industry is currently navigating a dynamic and increasingly complex regulatory environment, with recent legislative efforts in various states signaling a significant shift in how the botanical is classified, processed, and sold. A recent news item from WGCU PBS & NPR for Southwest Florida, titled "What to know about Kratom’s new classification," highlights a proposed bill in Florida that exemplifies this trend, introducing stringent new requirements for kratom processors and products.

What Happened: A Wave of State-Level Regulatory Action

The "new classification" referenced in the News 9 article points to a Florida bill that broadly defines kratom as any product containing "any part of the leaf" and imposes rigorous standards on processors. These include mandatory compliance with strict testing, labeling, and manufacturing protocols, obtaining FDA registration, securing product liability insurance, and subjecting each batch of product to independent laboratory testing. Furthermore, the bill mandates that products be free of other psychoactive substances, carry revised warnings and directions, and adhere to FDA drug manufacturing standards. Notably, the Florida bill also removes references to "extract," "synthetic alkaloid," and "synthetically derived compound," indicating a focus on natural, leaf-based products.

This move in Florida is not isolated. Across the United States, states are actively re-evaluating their stance on kratom. In Washington, for instance, House Bill 2291 seeks to establish statewide restrictions, including an age limit of 21 for purchases, licensing requirements for processors and sellers, an 11% sales tax, and limitations on synthetic additives. Conversely, Iowa lawmakers are advancing a bill that would reclassify kratom as a hallucinogenic Schedule I controlled substance, leading to expanded penalties for possession. Utah is also considering legislation, with one bill proposing to schedule kratom alkaloids as Schedule I controlled substances, effectively making them illegal to sell, deliver, or own, while another outlines specific processor requirements for product content and labeling.

Why It Matters to Kratom Merchants and Consumers

This fragmented and evolving regulatory landscape carries significant implications for both kratom merchants and consumers. For merchants, the increased compliance burden translates directly into higher operational costs. The need for independent, batch-specific lab testing, FDA registration, and product liability insurance, as proposed in Florida, will require substantial investment. Businesses that fail to adapt risk legal penalties, including potential criminal charges in states considering Schedule I classifications. The emphasis on natural, leaf-based kratom and the exclusion of synthetic compounds, as seen in the Florida bill, could also reshape product offerings and market dynamics.

For consumers, these legislative changes could lead to a safer, more transparent marketplace in states adopting consumer protection acts, with products guaranteed to meet certain quality and purity standards. However, in states moving towards Schedule I classifications, consumers face the prospect of losing access to kratom entirely. Increased compliance costs for merchants may also result in higher retail prices for products.

Compliance Implications for High-Risk Merchants

The compliance implications are profound, particularly for high-risk kratom merchants. The era of unregulated sales is rapidly drawing to a close in many jurisdictions.

1. Certificates of Analysis (COAs) and Lab Testing: Comprehensive and transparent COAs will become non-negotiable. The Florida bill's requirement for independent lab testing for each batch underscores the need for robust testing protocols. These tests must verify not only the levels of key alkaloids like mitragynine and 7-hydroxymitragynine (as required by Utah's proposed legislation) but also the absence of contaminants such as heavy metals and pathogens like salmonella, which the FDA has previously identified as concerns. Products must also be confirmed free of other psychoactive substances.
2. Regulatory Adherence: Merchants must meticulously track and comply with state-specific regulations. This includes obtaining necessary licenses (e.g., Washington's proposed processing and selling licenses), adhering to age restrictions (e.g., 21+ in Washington), and ensuring product formulations meet state guidelines, especially regarding synthetic additives. The Florida bill's mandate for FDA registration and compliance with FDA drug manufacturing standards, even for a botanical product, sets a high bar for quality control and facility standards.
3. Labeling Standards: Accurate and informative labeling will be critical. This goes beyond basic product information to include precise declarations of alkaloid content and adherence to revised warning and direction requirements.
4. Product Liability Insurance: As mandated by the Florida bill, acquiring and maintaining product liability insurance will be essential to mitigate risks associated with product safety and consumer claims.

In summary, the "new classification" of kratom is less about a single federal action and more about a concerted, state-by-state effort to either regulate or restrict the substance. For kratom merchants, proactive engagement with these evolving regulations, particularly regarding stringent lab testing, transparent COAs, and comprehensive regulatory compliance, is no longer optional but a fundamental requirement for continued operation and success in this high-risk industry.