Oklahoma Officials Warn Kratom Retailers of Liability After Compounds Found in 58 Death Investigations

Why it matters

Oklahoma classifies kratom as a food under state law, yet kratom alkaloids have been detected in 58 death investigations since early 2025. Officials are warning retailers they could face civil liability for selling non-compliant products — but the state agency responsible for enforcement has no legal authority to act.

The big picture

Oklahoma's Kratom Consumer Protection Act took effect November 2025, capping potency and banning sales to minors. But the Bureau of Narcotics has no statutory enforcement power, leaving compliance essentially voluntary. The investigation backdrop includes Homeland Security Secretary Markwayne Mullin's reported ownership of up to $1 million in Botanic Tonics stock — an Oklahoma kratom company — complicating the federal regulatory picture.

Key findings

• Oklahoma OCME found kratom alkaloids in 58 death investigations since early 2025; 9 deaths in 2025 listed kratom as a contributing cause
• State law classifies kratom as a food, creating significant regulatory ambiguity for retailers and consumers
• The Bureau of Narcotics has no statutory authority to enforce Oklahoma's kratom potency limits
• Officials are relying on civil liability warnings and voluntary retailer compliance in the absence of enforcement tools
• Homeland Security Secretary Markwayne Mullin holds up to $1 million in Botanic Tonics stock, an Oklahoma kratom company

What they say

Stores have the responsibility to ensure they are in compliance with state law. And if stores have any doubt at all about the legality of their products, they are encouraged to halt sales, immediately. — Oklahoma Bureau of Narcotics Director Donnie Anderson

Bottom line

Oklahoma's kratom regulation has a structural flaw: the agency charged with protecting public safety has no power to enforce it, so warnings are all officials can issue.