Ohio Lawmakers Question Governor DeWine's Authority to Ban Natural Kratom Through Regulatory Rule

Why it matters

Ohio is the nation's largest population center currently weighing a kratom ban, and the debate here is exposing a fundamental tension: when the legislature stalls, can a governor's executive branch step in? The answer will shape how other states approach the same question.

The big picture

In fall 2025, Governor DeWine's executive order banned synthetic kratom (including 7-OH products) but left natural kratom legal. At the Governor's request, the Ohio Board of Pharmacy then recommended a rule change that would extend the ban to natural kratom as well. However, a Franklin County Court partially blocked the rule change, and a bipartisan group of state lawmakers challenged the move at a Joint Committee on Agency Rule Review (JCARR) hearing, arguing the executive branch lacks the authority to ban a substance without legislation. Meanwhile, separate bills in both chambers that would regulate — but not ban — kratom have stalled for over a year.

Key findings

• Governor DeWine issued an executive order banning synthetic kratom in 2025; in January 2026 the Ohio Board of Pharmacy recommended extending the ban to natural kratom
• A Franklin County Court partially blocked the Pharmacy Board's rule change, and the matter went before a legislative oversight committee (JCARR)
• Rep. Jamie Callender (R-Concord) argued that banning kratom is a legislative function, not an executive one, and that active bills are under consideration
• Sen. Steve Huffman (R-Tipp City) blamed the legislature's "inactivity over the last 6 to 8 years" for forcing the regulatory action
• For now, natural kratom remains legal in Ohio while the regulatory and legal battles continue

What they say

"We have parents come to us saying, 'hey my kid purchased this at a gas station, I'm concerned about other children,'" said Cameron McNamee, the Pharmacy Board's director of policy. "I think we as regulators... have to take a long hard look at that and decide what authority we have to try and safeguard folks."

Bottom line

Ohio's kratom ban battle is stuck between an executive branch trying to act quickly on public safety and a legislature that hasn't passed kratom legislation in nearly a decade — and for now, natural kratom remains on the shelf.