Ohio Permanently Bans Synthetic Kratom, Highlighting Urgent Need for Merchant Compliance and Robust Testing

Ohio Permanently Bans Synthetic Kratom, Highlighting Urgent Need for Merchant Compliance and Robust Testing

COLUMBUS, OH – May 26, 2026 – The landscape for kratom merchants and consumers in Ohio has been clarified, at least concerning synthetic compounds, following a recent decision by the Joint Committee on Agency Rule Review (JCARR). State Representative Sean Patrick Brennan issued a statement after JCARR considered and allowed a rule from the Ohio Board of Pharmacy to move forward, permanently classifying synthetic mitragynine-related compounds as Schedule I controlled substances in the state. This action, which took effect on May 14, 2026, replaces a temporary ban enacted by Governor Mike DeWine in December 2025.

What Happened

Rep. Brennan, a member of JCARR, supported the rule's advancement, emphasizing a "targeted approach to addressing serious public health concerns associated with synthetic kratom compounds." The rule specifically targets synthetic formulations, which officials note can be significantly more potent than morphine and are often sold in unregulated settings, making them accessible to minors. Crucially, this permanent ban does not apply to kratom in its natural, vegetative form, such as kratom leaf or ground natural leaf. Natural kratom leaf remains legal in Ohio, provided retailers comply with Ohio Department of Agriculture Food Safety regulations.

Why It Matters to Kratom Merchants and Consumers

This development is a pivotal moment, distinguishing clearly between natural and synthetic kratom within Ohio law. For consumers, it aims to enhance safety by removing dangerous, unregulated synthetic products from the market. For merchants, it underscores the critical importance of product integrity and the need to definitively prove that products are derived from natural kratom. While natural kratom remains legal, Rep. Brennan acknowledged that broader questions and proposals regarding natural kratom are still under review, with significant public input received on potential future regulations. This signals an ongoing regulatory environment where vigilance will be key.

Compliance Implications for High-Risk Merchants

The immediate and most significant compliance implication is the absolute prohibition of synthetic kratom. Any merchant operating in Ohio must ensure their inventory is entirely composed of natural kratom products. Beyond this, the rule reinforces the growing demand for transparency and verifiable product quality across the industry.

High-risk merchants, in particular, must prioritize:

• Certificates of Analysis (COAs): Every batch of kratom product must have an easily accessible and verifiable Certificate of Analysis. These COAs should be specific to the product's batch or lot number and readily match the product on sale.
• Accredited Lab Testing: All testing should be performed by ISO/IEC 17025-accredited third-party laboratories. This accreditation ensures the lab's technical competence and the validity of its results, which is paramount for demonstrating compliance.
• Comprehensive Testing Parameters: COAs must detail more than just alkaloid percentages. Essential tests include:
  • Alkaloid Profile: Specifically, the content of mitragynine and 7-hydroxymitragynine (7-OH). Products must demonstrate that 7-OH content, if present, is within natural, acceptable limits (e.g., <0.4% of the kratom alkaloid fraction, as seen in other state regulations). Most importantly, testing must confirm the absence of synthetic mitragynine-related compounds.
  • Purity and Contaminants: Rigorous screening for heavy metals (lead, arsenic, cadmium, mercury), microbiology (pathogens like E. coli, Salmonella, yeast, mold), and pesticides is essential to ensure product safety.
• Accurate Labeling: Product labels must clearly state the unique batch or lot number that corresponds to the COA, suggested use, serving size, and the amounts of mitragynine and 7-hydroxymitragynine.
• Good Manufacturing Practices (GMP): Adherence to GMP standards demonstrates a commitment to quality control throughout the production process, further enhancing product credibility and safety.

The Ohio ruling serves as a stark reminder for all kratom stakeholders: the future of the industry hinges on distinguishing legitimate, natural products from dangerous synthetics through rigorous testing, transparency, and unwavering regulatory compliance.