Proposed bill would make kratom a controlled substance in Idaho

BOISE (KIVI) — Idaho lawmakers are considering legislation that could make it illegal to sell or possess kratom in the state by classifying the substance as a Schedule I controlled drug.

Kratom, a plant-derived substance often sold in packets at smoke shops or convenience stores and marketed as an herbal supplement, has been widely available in Idaho with little regulation. As Idaho News 6 has previously reported, some doctors warn that consumers may not always be aware of potential risks associated with the substance.

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House Bill 864 would amend Idaho’s Uniform Controlled Substances Act to classify compounds found in kratom as a Schedule I drug – the state’s most restrictive category.

During a committee hearing, the bill’s sponsor, Rep. Mike Pohanka, R-Jerome, said the proposal includes a technical change to ensure the Idaho State Police crime lab can test for the chemicals if the substance becomes illegal.

“Those are the four items, or chemicals, that the Idaho State Police lab can test,” Pohanka said.

The committee voted to move the proposal forward.

Former Idaho Attorney General David Leroy said Schedule I substances are considered the most serious category under the law.

“The most serious drugs with the greatest propensity for damage or addiction are listed in Schedule I, and there are lesser schedules for drugs and compositions that are perceived to be less dangerous,” Leroy said.

If kratom were placed in that category, Leroy said, it could no longer be sold over the counter as it currently is.

“You would not be able to walk into the store and buy anything listed on Schedule I,” Leroy said.

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The committee vote does not make kratom illegal yet; it just allows the proposal to move forward in the legislative process.

If passed by lawmakers and signed into law, the substance currently sold in stores across Idaho could become illegal to possess or sell.

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