Arkansas officially banned kratom on February 1, 2016, following an administrative decision by the Arkansas Department of Health.
How the Ban Happened
Unlike many states that pass a bill through the legislature to ban a substance, Arkansas utilized an administrative rule-making process:
- Administrative Scheduling: The Arkansas Department of Health added the two primary active alkaloids in kratom—mitragynine and 7-hydroxymitragynine—to the state’s list of Schedule I controlled substances.
- Justification: Health officials argued that these compounds had a high potential for abuse and no accepted medical use, placing them in the same legal category as heroin and LSD.
Penalties for Possession
Because it is a Schedule I substance, penalties in Arkansas are among the strictest in the country:
- Small Amounts: Possession of less than two grams is a felony that can result in up to six years in prison and a $10,000 fine.
- Larger Amounts: Possession of more than 28 grams (approximately one ounce) can lead to a sentence of five to 20 years.
Recent Legal Developments (2025–2026)
There have been significant efforts to overturn the ban and replace it with the Arkansas Kratom Consumer Protection Act, which would regulate rather than prohibit the plant.
- Senate Bill 534 (2025): In early 2025, SB534 was introduced to remove kratom from the controlled substances list.
- Legislative Outcome: The bill passed the Arkansas Senate in April 2025 with a 24-5 vote. However, it ultimately died in the House in May 2025 after failing to gain enough support in the Public Health, Welfare, and Labor Committee.
- Current Status: As of March 2026, kratom remains illegal statewide.