Kansas Senate Passes Kratom Ban 33-5, Sending Bill That Would Criminalize All Kratom to House

Why it matters

If Kansas House passes SB 497, Kansas will join a growing number of states moving to fully criminalize kratom — placing it alongside heroin and LSD on Schedule I, despite federal guidance that targets only concentrated synthetic 7-OH, not natural leaf.

The big picture

Kansas had no statewide kratom regulations heading into 2026, making concentrated 7-OH products freely available in gas stations and smoke shops. The passage of SB 497 through the Senate follows a national wave of state-level kratom legislation, while FDA and HHS leaders have recommended a narrower approach targeting only chemically manipulated or concentrated 7-OH, not natural kratom leaf.

Key findings

• The Kansas Senate voted 33-5 to pass SB 497, which would add both mitragynine and 7-hydroxymitragynine to the Uniform Controlled Substances Act as Schedule I substances
• Under the bill, all natural kratom products would become contraband because 7-OH naturally occurs in kratom leaves — even at trace levels well below 1%
• The Kansas Bureau of Investigation testified that concentrated 7-OH distribution networks are being identified "on a significant scale" in Kansas
• FDA Commissioner Dr. Makary and HHS Secretary Kennedy have both called for scheduling only synthetic or concentrated 7-OH above 2% alkaloid content, explicitly preserving natural kratom leaf
• Florida and Kentucky adopted a concentration cap of 0.04% dry weight, targeting extracts while protecting traditional leaf products

What they say

"Unlike states with bans or age restrictions, Kansas currently has no statewide regulation, allowing sales of kratom and synthetic 7-OH in smoke shops, gas stations, and online without oversight." — Sara Hornestine, Kansas Attorney General's Office

Bottom line

Kansas's broad ban on all kratom — not just concentrated synthetic 7-OH — puts it at odds with federal guidance from the FDA and HHS, which have drawn a distinction between the two.