Wyoming Lawmakers Push for Kratom Ban Amidst Safety Concerns

Wyoming Lawmakers Push for Kratom Ban Amidst Safety Concerns

CHEYENNE, WY – Wyoming state senators are currently considering a bill that would enact an outright ban on kratom, a significant development for the state's consumers and the broader kratom industry. The proposed legislation, Senate File 56 (SF 56), initially aimed at regulating kratom products, but was amended by the Senate Judiciary Committee to prohibit the substance entirely. This move comes after reports linking kratom to several deaths in the state.

What Happened

The legislative action in Wyoming follows concerns raised by officials, including Fremont County Coroner Erin Ivie, regarding the presence of kratom alkaloids like mitragynine and the more potent 7-hydroxymitragynine in toxicology reports. From 2022 through 2024, kratom was confirmed present in nine deaths in Wyoming, with three of those cases indicating kratom as the sole substance found in postmortem toxicology. The U.S. Food and Drug Administration (FDA) has also issued warnings against kratom use, citing risks such as liver toxicity, seizures, and substance use disorder. While a similar bill in the Wyoming House of Representatives failed, the Senate's advancement of SF 56 signals a serious legislative intent to restrict or ban kratom.

Why It Matters to Kratom Merchants and Consumers

Currently, kratom enjoys a completely unregulated status in Wyoming, meaning there are no state or local laws prohibiting its sale, possession, or use, nor are there requirements for age limits, testing, or specific packaging. Should SF 56 pass as a ban, it would immediately render the manufacturing, sale, distribution, and possession of kratom products illegal, with misdemeanor penalties. This would drastically impact kratom businesses operating in the state and eliminate access for consumers. Beyond Wyoming, such legislative efforts contribute to the evolving and often inconsistent legal landscape for kratom across the United States, potentially influencing other states to consider similar prohibitions or stringent regulations.

Compliance Implications and What High-Risk Merchants Need to Know

For kratom merchants, especially those categorized as "high-risk" by payment processors, the situation in Wyoming underscores the critical need for robust compliance measures. Kratom businesses are often deemed high-risk due to varying state regulations, increased chargeback potential, and restrictions from major card networks. Many merchant account shutdowns stem from compliance failures rather than outright illegality.

Certificates of Analysis (COAs) and Lab Testing: High-risk merchants must prioritize comprehensive third-party lab testing and readily provide Certificates of Analysis (COAs) for all products. These COAs should be recent (ideally within 12 months) and tied to specific product batches or lots. Lab tests must verify the potency of key alkaloids like mitragynine and 7-hydroxymitragynine, and rigorously screen for contaminants such as heavy metals (lead, mercury, cadmium, arsenic), microbials (salmonella, E. coli, yeast, mold), pesticides, and residual solvents. It is crucial that these tests are performed by accredited, independent third-party laboratories to ensure unbiased and reliable results.

Regulatory Compliance: Even in states where kratom remains legal, proactive compliance is essential for maintaining payment processing stability. This includes ensuring clear product descriptions that avoid any unsubstantiated medical or therapeutic claims, adhering to stringent labeling standards, and implementing age verification protocols, particularly if regulations like those initially proposed in SF 56 (age 21+) are adopted. Furthermore, aligning with industry best practices, such as the American Kratom Association's (AKA) Good Manufacturing Practices (GMP) Standards Program, can significantly enhance a merchant's credibility and operational integrity. This program sets rigorous standards for processing, manufacturing, testing, and documentation, which are increasingly vital in a market under intense scrutiny.