Policy · 2026-08-05
Ohio Court Upholds Kratom Ban, Rejecting Industry Injunction Request
Source: Signal Ohio
Why it matters
Ohio's ban on processed kratom products stays in place while litigation continues, accelerating a legal reckoning that could set precedent for other states. With the DEA's federal scheduling of 7-OH now in effect, kratom sellers face pressure from both state courts and federal regulators simultaneously.
The big picture
Gov. Mike DeWine pushed through emergency rules last year banning processed kratom forms -- liquids, pills, gummies -- while leaving raw plant sales in legal limbo. The industry challenged those rules in Franklin County Common Pleas Court, arguing vagueness and overreach. Judge Serrott's refusal to grant a preliminary injunction means the ban stands through a trial currently scheduled for June 2027, giving Ohio public health officials time to enforce restrictions while the legal fight plays out.
Key findings
- Franklin County Judge Mark Serrott rejected a preliminary injunction sought by kratom sellers Botanic Tonics and Krazy Daze
- The Ohio Board of Pharmacy ban on processed kratom remains in effect pending a full trial set for June 2027
- The judge cited kratom's addictive effects and possibility for abuse in finding the pharmacy board acted within proper authority
- Ohio's Department of Health has linked kratom to 200 unintentional fatal overdoses in the state
- Poison control exposure reports for kratom increased 1,200% nationally from 2015 to last year, per CDC data
What they say
Judge Serrott wrote: 'The Ohio Board of Pharmacy followed the proper procedure in promulgating the rule, and its plain interpretation -- while detrimental to plaintiff's business interests -- appears to be beneficial to the public in attempting to prevent the ill effects that may arise from abuse of products containing natural leaf kratom.'
Bottom line
Ohio's kratom ban survives its first major legal test -- and with federal scheduling of 7-OH now in effect, the window for the industry to reverse course through litigation is narrowing fast.