Policy · 2026-01-27
Utah Legislature Pursues Three Competing Kratom Bills — From Full Ban to Taxation
Source: KUER (NPR Utah)
Why it matters
Utah was among the first U.S. states to regulate kratom via a consumer protection act in 2019. The state is now a bellwether for how kratom policy may evolve nationally — the three competing bills represent a policy spectrum likely to be debated in other statehouses throughout 2026.
The big picture
More than a dozen states are actively considering kratom legislation in the 2026 session. The Utah case is notable because the state has existing kratom regulation, which has not eliminated the problem. Since 2014, Utah has recorded 219 kratom-involved overdoses, with 94% involving multiple substances. Policymakers are grappling with whether to build on consumer protection frameworks or abandon them in favor of outright prohibition — a debate playing out simultaneously in Kansas, Wyoming, South Dakota, Missouri, and elsewhere.
Key findings
- SB45 (Sen. McKell) would classify kratom as a Schedule I substance — the most sweeping approach, banning possession, sale, and delivery of all kratom products
- SB48 (Sen. Vickers) would regulate 7-hydroxymitragynine as Schedule I while preserving access to natural kratom leaf at low 7-OH concentrations
- SB101 (Sen. Vickers) would impose a new kratom tax, moving through the House as of late January 2026
- Utah has seen 219 kratom-involved overdoses since 2014, with deaths peaking in 2023 and 94% involving multiple substances
- The Utah Poison Control Center director identified high-concentration 7-OH products — likely lab-synthesized — as the primary driver of overdose risk
- Chronic pain patients testified in large numbers against the complete ban, citing kratom as a critical alternative to traditional opioids
What they say
"There's a really big misconception that 7-OH is the only problem," said Sen. Michael McKell, sponsor of the full ban bill. "It's not. Mitragynine is a serious problem as well."
Bottom line
Utah's three competing kratom bills — a full Schedule I ban, a targeted 7-OH restriction, and a new tax — illuminate the deep split among legislators and patients over how to address a substance that is both a lifeline for some chronic pain patients and a source of overdose deaths.