IDAHO — The Idaho Senate rejected a bill to regulate kratom after a debate over whether the plant-based substance should be regulated or fully banned.
Kratom is a green, leafy drug marketed as an herbal supplement for energy, pain relief, and opioid withdrawal. The substance has gained popularity in the United States in recent years, but it has also been linked to deadly overdoses, raising concerns over its safety.
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Republican Sen. Tammy Nichols introduced Senate Bill 1418 to place limits on stronger, altered, or contaminated kratom products. The proposal would have set limits on certain chemical levels, including outlawing products with more than 2% of a compound called 7-OH.
"Right now in Idaho, there are no clear safety standards for these products, and so this bill addresses that problem," Sen. Nichols said.
The Senate rejected the bill in a 20-15 vote.
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One concern raised during the discussion was the lack of a clear position from the Idaho State Board of Pharmacy.
"They're typically our gatekeepers on what's happening on any kind of a drug, and without their approval, weigh in, etc. I'm not comfortable," Sen. C. Scott Grow said.
But Sen. Nichols said the Idaho Medical Association did express neutrality towards the bill.
Opponents of the bill also argued the measure did not go far enough, saying kratom should be fully banned.
“When we take this approach of saying, well, we have this synthetic kind, or we have the other kind, it's kind of like saying THC is bad, but regular leaf marijuana is OK. I mean, where are we going with this?” Sen. Dave Lent said.
Other lawmakers pushed back, saying the state should take a first step toward regulation.
"It's legal today, right now, you can buy it at Jackson's. We're just saying, hey, kids shouldn't be able to get this. That's what this bill does," Sen. Brian Lenney said.
"I understand why some may want to look to prohibition, but that doesn't make the problem go away. It usually pushes products into the unregulated market with limited oversight," Sen. Nichols said.
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During the debate, lawmakers looked to other states, including Utah, where kratom laws have evolved. Nichols said Utah’s experience shows why states are choosing regulation over an outright ban, saying it gives law enforcement and consumers clearer rules.
Some senators pointed to Utah as a warning, arguing its earlier regulatory approach did not go far enough.
"A legislator from Utah who voted on this the first time around says, Idaho, don't make the same mistake. He said, the quote that he has in there is that, the deaths from Kratom in Utah since they passed that have gone up 42%," Sen. Lent said.
With the kratom regulations bill failing, some lawmakers may turn their focus to House Bill 864. The proposal takes a different approach by making the sale of kratom outright illegal.
House Bill 864 is currently sitting in committee.
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