Ohio on the Brink: Emergency Ban on Synthetic Kratom, Natural Leaf Under Threat

Ohio on the Brink: Emergency Ban on Synthetic Kratom, Natural Leaf Under Threat

COLUMBUS, OH – January 22, 2026 – The kratom industry in Ohio faces a critical juncture as state authorities advance measures that could drastically reshape the market. An emergency rule has already taken effect, immediately banning synthetic and concentrated kratom products, while the Ohio Board of Pharmacy has initiated steps to permanently classify natural kratom as a Schedule I controlled substance. This move, however, is being met by strong legislative opposition proposing regulation over prohibition.

What Happened: A Dual Regulatory Assault and Legislative Counter-Punch

Effective December 12, 2025, the Ohio Board of Pharmacy implemented an emergency rule prohibiting the sale, possession, and distribution of "kratom-related products," specifically targeting synthetic and concentrated forms such as 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl, dihydro-7-hydroxy mitragynine, and 7-acetoxymitragynine. This emergency measure is set to expire on June 10, 2026.

Adding to the industry's concerns, on January 6, 2026, the Board of Pharmacy voted to begin the permanent rulemaking process to classify natural kratom (specifically mitragynine, its primary psychoactive alkaloid) as an illegal Schedule I drug. This process, while not immediate, involves a series of legal steps, including public hearings and review by the Ohio General Assembly's Joint Committee on Agency Rule Review (JCARR).

In a significant counter-effort, Ohio legislators have introduced Senate Bill 299 (SB299), dubbed the "Kratom Consumer Protection Act," and its companion, House Bill 587 (HB587). These bills aim to regulate natural kratom products by establishing age restrictions, mandating testing and labeling requirements, and setting a limit of no more than 1% for naturally occurring 7-OH content. If passed, this legislation would effectively override the Board of Pharmacy's proposed ban on natural kratom, favoring a regulated market.

Why It Matters to Kratom Merchants and Consumers

This evolving landscape creates immense uncertainty for kratom merchants and consumers in Ohio. Businesses dealing in concentrated or synthetic kratom products must immediately cease sales to avoid legal repercussions under the current emergency rule. For those selling natural kratom, the threat of a permanent ban looms, potentially leading to widespread business closures and significant financial losses.

Consumers who rely on kratom for various reasons, including pain relief or managing opioid withdrawal symptoms, face the potential loss of access to a product they find beneficial. The inconsistency in state-level regulations also exacerbates the "high-risk" designation for kratom businesses, making it increasingly challenging to secure stable banking and payment processing services.

Compliance Implications and High-Risk Merchant Guidance

Immediate Action for Merchants: Any merchant currently selling synthetic or concentrated kratom products in Ohio must immediately remove these items from sale. Failure to comply with the emergency rule could result in severe penalties.

Ongoing Vigilance: All kratom merchants operating in or shipping to Ohio must closely monitor the legislative progress of SB299 and HB587, as well as the Board of Pharmacy's permanent rulemaking process. Engaging with advocacy efforts, such as submitting personal statements to JCARR, is highly recommended to support a regulatory framework over a ban.

What High-Risk Merchants Need to Know About COAs, Lab Testing, and Regulatory Compliance:

For high-risk kratom merchants, proactive compliance and transparency are paramount, especially amidst regulatory flux:

1. Mandatory Third-Party Lab Testing: Prioritize rigorous, independent third-party lab testing for every batch of natural kratom products. This is crucial for consumer safety and to mitigate product liability risks.
2. Comprehensive Certificates of Analysis (COAs): Reputable vendors must provide easily accessible COAs that detail:
   • Alkaloid Content: Specifically, precise quantification of mitragynine and 7-hydroxymitragynine levels.
   • Contaminant Screening: Testing for heavy metals (lead, arsenic, cadmium, mercury), microbial contaminants (Salmonella, E. coli, yeast, mold), mycotoxins, pesticides, and residual solvents.
   • Purity and Identity: Verification that the product is authentic kratom and free from adulterants.
   • Batch Information: Ensure the COA corresponds directly to the specific product batch being sold.
3. Thorough Documentation: Maintain meticulous records of all testing results, ingredient sourcing, manufacturing processes (adhering to Good Manufacturing Practices - GMP), marketing materials, and internal safety audits. This documentation is vital for demonstrating compliance and for legal defense.
4. Accurate and Compliant Labeling: All product labels must accurately reflect the contents as verified by COAs. Avoid making any unsubstantiated health or medical claims, as this can lead to FDA warning letters and legal penalties.
5. Specialized Payment Processing: Given the high-risk nature of the kratom industry, partner with payment processors experienced in this sector. These providers can offer tailored solutions and robust fraud/chargeback protection, essential for business stability.

The situation in Ohio underscores the volatile regulatory environment surrounding kratom. For merchants, proactive compliance, transparent testing, and active engagement with the legislative process are not just best practices—they are essential for survival.