Oklahoma Classifies Kratom as 'Food' — But Its Own Medical Examiner Says 58 Deaths Prove Otherwise

Why it matters

Oklahoma's legal classification of kratom as "food" while its own medical examiner links kratom compounds to 58 death investigations reveals a gap between regulatory framework and real-world outcomes that other states with protective-but-permissive laws should examine closely.

The big picture

Oklahoma is one of 19 states that has passed Kratom Consumer Protection Act legislation. Senate Bill 891 took effect November 2025, imposing potency limits on kratom products. However, because 7-OH and concentrated synthetic compounds are not yet classified as controlled substances under Oklahoma law, the Bureau of Narcotics has no direct enforcement authority — only the Health Department can investigate complaints. Complicating matters: Homeland Security Secretary Markwayne Mullin, an Oklahoman, was reported to own up to $1 million in Botanic Tonics, the company behind Feel Free kratom drinks, which settled an $8.75 million class-action lawsuit in 2025.

Key findings

• Oklahoma classifies kratom as a "food" under state law, which limits enforcement pathways available to regulators
• Kratom-related compounds were detected in 58 death investigations in Oklahoma from January 2025 through June 2026
• Kratom was a contributing cause of death in 9 overdose fatalities in 2025 alone, per the Oklahoma Chief Medical Examiner
• The Oklahoma Bureau of Narcotics has no direct enforcement authority over 7-OH under current law; it is partnering with the state Health Department
• Oklahoma BN plans to pursue Schedule I classification of concentrated 7-OH in the state legislature starting February 2027

What they say

"Those who sell these addictive and potentially deadly products have no excuse. State law is very clear, and anyone selling these products with a reckless disregard for public safety, including contributing to a fatal overdose, could be held liable." — Donnie Anderson, Oklahoma Bureau of Narcotics Director

Bottom line

Oklahoma's kratom-as-food classification was designed to protect consumers through KCPA standards, but 58 death investigations in 18 months show the framework has not kept pace with the concentrated synthetic products flooding the market.