Rhode Island lawmakers are once again debating the fate of kratom, a controversial herbal substance that has been criminalized in the state since 2017. Two companion bills—H5565 in the House and S0792 in the Senate, collectively known as The Rhode Island Kratom Act—aim to legalize and regulate kratom, replacing outright prohibition with strict oversight.
A Long Road to Legalization
The proposed legislation, introduced earlier this year, seeks to control the amount of psychoactive alkaloids—mitragynine and 7-hydroxymitragynine—in kratom products while ensuring proper labeling and restricting sales to minors. Lawmakers emphasize that the 25-page bill reflects a year-long collaboration with the administration to address concerns about consumer safety and market control.
However, on April 8, both committees where the bills were under review recommended that the measure be held for further study. This delay echoes last year’s failed attempt to regulate kratom, when a similar bill was vetoed by Governor Dan McKee.
Supporters vs. Opponents: The Debate Intensifies
At hearings in the Rhode Island State House, Kirsten Smith, a scientist at Johns Hopkins University, spoke in favor of the bill, emphasizing that kratom is used responsibly by many individuals in long-term recovery. She argued that regulation promotes product safety, stating,
“If they’re going to do some polysubstance use, which is beyond our control, I would much prefer them to be informed consumers, as opposed to taking some random thing.”
On the opposing side, Jeffrey Bratberg of the Rhode Island Pharmacists Association dismissed the notion that kratom’s natural origins make it inherently safe.
“We don’t use willow bark to treat pain. That’s what aspirin is derived from,” Bratberg argued, advocating for rigorously tested pharmaceuticals over plant-based alternatives.
While some companies have marketed kratom as a “natural” remedy, many advocates and experts point out that plain leaf kratom has been consumed safely in moderate doses for centuries.
The Origins of Rhode Island’s Kratom Ban
Rhode Island’s kratom prohibition dates back to May 31, 2017, when the Department of Health classified its active compounds as Schedule I controlled substances. The decision was made swiftly and without public hearings, voting, or opportunities for objections.
Initially, the ban was set to take effect on April 10, 2017, but confusion arose as kratom and its alkaloids were not explicitly listed in the Rhode Island Uniform Controlled Substances Act. However, reports of arrests related to kratom clarified that the ban was indeed in place.
The Department of Health justified the prohibition by citing concerns over kratom’s psychoactive effects, potential dependency, withdrawal symptoms, and adverse health effects such as seizures and agitation. These concerns align with broader warnings from the U.S. Food and Drug Administration, which has repeatedly questioned kratom’s safety.
What’s Next for Kratom in Rhode Island?
With the Rhode Island Kratom Act now stalled in committee, its future remains uncertain. Advocates argue that strict regulation is preferable to outright prohibition, while opponents warn of potential health risks. As lawmakers weigh their options, Rhode Island’s kratom consumers remain caught in legal limbo.
Will the state finally shift from prohibition to regulation? Or will kratom remain banned, despite growing national efforts to legalize and oversee its use? For now, the debate continues.