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Regulate or ban? State officials consider what's next for Oklahoma's kratom laws

Kratom porducts line the shelves of a smoke shop in Oklahoma City.
Sierra Pfeifer
/
KOSU
Kratom porducts line the shelves of a smoke shop in Oklahoma City.

Kratom and its synthetic compounds will likely be a focus at the Oklahoma State Capitol next session, as lawmakers wrestle with how to regulate the addictive "gas station drug."

Kratom and its synthetic compounds will likely be a focus at the Oklahoma State Capitol next session, as lawmakers wrestle with how to regulate the addictive "gas station drug" showing up in overdose death toxicology reports across the state.

Kratom is derived from a tree native to Southeast Asia. Its active components are used to create herbal supplements, which are marketed as a natural way to increase energy, manage pain and relieve anxiety.

Despite its purported benefits, health experts are ringing the alarm.

The Food and Drug Administration determined certain kratom products are highly addictive — and could lead to the next wave of the opioid epidemic. The agency recently banned highly concentrated forms of two kratom derivatives, 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl (MGPI), because of their significant negative health effects. The products are "hiding in plain sight" and being marketed as natural kratom products, the agency said.

Like with any drug supply, legal or not, manufacturers are tinkering with kratom's molecular components, seeking different or more potent forms of the drug that can increase profits.

In Oklahoma, some regulations are designed to keep manufacturers and retailers in check.

Stores are barred from selling any kratom and related products to minors, and product packaging is required to include a list of ingredients and their concentrations, as well as written warnings about the safety and effectiveness of the product.

State kratom laws were updated as recently as 2025, building off of a piece of legislation that failed at the federal level in 2022, called the "Kratom Consumer Protection Act."

At least 29 states regulate kratom sale and use to varying degrees, according to Oklahoma nonpartisan research policy group Healthy Minds Policy Initiative. Ten states ban the drug completely, the group found.

Oklahoma advocates and state officials agree more needs to be done to address kratom's dangers. Limited oversight and a lack of clear enforcement mechanisms are putting people at risk, lawmakers said at an interim study Oct. 12.

Rep. Ellen Pogemiller, D-Oklahoma City, and Rep. Jim Grego, R-Willburton, invited a handful of constituents to their study to share their experiences with kratom products.

"I have been overwhelmed by emails and calls to our office with people who have personal stories," Pogemiller said.

Tiffany Sprague's daughter, Isabella Gardner, first tried kratom when she was 18 years old. The smoothie shop where she worked sold drinks from Botanic Tonics, an Oklahoma-based herbal supplement company, and Gardner quickly became addicted to the energy and pain suppression they provided, she said.

"I didn't even know what addiction was until I was living it," Gardner said. "I would have done or said anything to get it. It was slowly killing me and my future."

While all of her friends were leaving for college, she was checking into a rehab center, Gardner said.

"How do we prepare our children for a danger that doesn't look dangerous, especially if the danger is marketed as healthy and natural?" Sprague said. "We cannot allow these products that are capable of causing so much devastating harm to be marketed and sold in our communities."

Botanic Tonics is an Oklahoma-based company that sells kratom products.
Sierra Pfeifer / KOSU
Botanic Tonics is an Oklahoma-based company that sells kratom products.

Oklahoma native and U.S. Homeland Security Secretary Markwayne Mullin reportedly has invested as much as $1 million in Botanic Tonics. The company settled an $8.75 million class-action lawsuit in 2025 after it was accused of marketing some of its products as a healthy alternative to alcohol.

In Oklahoma, kratom compounds were found in 58 fatal overdose toxicology reports between January 2025 and May 2026, according to the state's Office of the Chief Medical Examiner. The Mayo Clinic has linked the drug to liver damage, seizures and other negative health outcomes.

For Sprague, Gardner and other advocates, anything short of a complete kratom ban won't be enough to prevent more people from being harmed.

One lawmaker, Rep. Tim Turner, R-Kinta, has already announced plans to seek a statewide ban. He said it's time to stop treating the drug like it's "just another product on a convenience store shelf."

Still, for other lawmakers and local officials, the path forward is more complicated.

"We'd be doing more harm than good if we just said it's all banned," said Rep. T.J. Marti, R-Broken Arrow, after the study. "Is it a perfect drug? No. But I believe it to be safer than the alternative."

He worries that banning even the most natural form of kratom will push more people to seek out completely unregulated products without any state oversight. Tamping down on the overprescription of opioids didn't stop people from seeking out increasingly synthetic illegal versions, he said.

Judge Kenneth Stoner, who oversees Oklahoma City's drug treatment court, echoed that view. Stoner's program has diverted hundreds of people from prison through targeted addiction treatment and structured support.

"Neither 'natural' nor 'legal' means harmless, but acknowledging harm does not automatically establish that prohibition is the best response," Stoner said. "A ban may reduce access, but it can also push remaining demand towards sellers who do not check identification … Criminal enforcement also carries costs: investigations, prosecution, incarceration and the consequences of a criminal record. Those consequences can disrupt employment, housing, family stability, the very foundation that people need for recovery."

Both instead recommended limiting which products can be sold, increasing accountability for manufacturers and retailers who don't follow the rules, and creating testing requirements for products behind store counters.

It's unclear what tack lawmakers will take next year. Either approach will require increased funding and new legal frameworks.


This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.

Sierra Pfeifer is a reporter covering mental health and addiction at KOSU.
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