Kentucky Kratom Manufacturer Sues State, Claims Ban Was Unconstitutionally Hidden in Revenue Bill

Why it matters

This lawsuit tests a key legal question: can state legislatures ban a regulated substance by burying the prohibition in a massive, unrelated spending bill? The outcome could affect how kratom bans — and other public health legislation — are challenged across the country.

The big picture

Kentucky enacted a kratom regulatory framework in 2024 under HB 293, which Governor Beshear signed into law. Just two years later, lawmakers slipped a full ban on kratom into a 400-page revenue bill (HB 757), bypassing the established regulatory process entirely. Botanic Tonics, a manufacturer of kratom-based supplements, filed a verified complaint arguing this violates Section 51 of the Kentucky Constitution, which prohibits laws from relating to more than one subject. The case also raises questions about executive-versus-legislative authority over public health policy in a state already debating kratom's risks and benefits.

Key findings

• Botanic Tonics filed suit against the Kentucky Cabinet for Health and Family Services, seeking a temporary and permanent injunction against the kratom ban
• The suit argues Sections 114 and 115 of HB 757 were unconstitutionally inserted into a revenue bill and violate Section 51 of the Kentucky Constitution
• Kentucky had already regulated kratom under existing statute (KRS 217.2205); the company argues a ban was not necessary
• The lawsuit claims Botanic Tonics has conducted 18 clinical trials on kratom leaf, including studies by the FDA and on the company's own product
• If the injunction fails, the company says it will have to cease all Kentucky sales, terminate distributor contracts, and close operations in the state

What they say

According to the complaint, Botanic Tonics argues that "manufacturers and sellers of the plant were 'blindsided'" by the prohibition, and that forcing them out of Kentucky would cause "the complete loss of the viability of their businesses in Kentucky."

Bottom line

A kratom company is challenging Kentucky's new ban in court, arguing it was unconstitutionally snuck into a revenue bill — a case that could set precedent for how states can (and cannot) prohibit regulated substances.