Idaho Lawmakers Propose Kratom Crackdown

Bill would classify kratom as a Schedule I controlled substance, banning over-the-counter sales.

Mar. 12, 2026 at 9:10pm

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Idaho lawmakers are considering legislation that would make it illegal to sell or possess kratom in the state by classifying the plant-derived substance as a Schedule I controlled drug. The proposed bill, House Bill 864, would amend the state's Uniform Controlled Substances Act to include the chemicals found in kratom in the most restrictive drug category.

Why it matters

Kratom is currently widely available in Idaho with little regulation, sold in packets at smoke shops and convenience stores as an herbal supplement. However, some doctors warn that consumers may not always be aware of the potential risks associated with the substance.

The details

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 in kratom if it becomes illegal. If passed, kratom would no longer be able to be sold over the counter as it currently is, as Schedule I substances are considered the most serious category under the law.

  • The committee voted to move the proposal forward on March 12, 2026.
  • If passed by lawmakers and signed into law, the substance currently sold in stores across Idaho could become illegal to possess or sell.

The players

Rep. Mike Pohanka

The sponsor of House Bill 864, which would classify kratom as a Schedule I controlled substance in Idaho.

David Leroy

A former Idaho Attorney General who said Schedule I substances are considered the most serious category under the law, and that if kratom were placed in that category, it could no longer be sold over the counter as it currently is.

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What they’re saying

“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.”

— David Leroy, Former Idaho Attorney General

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

— Rep. Mike Pohanka

What’s next

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

The takeaway

This proposed legislation highlights the ongoing debate around the regulation and potential risks of kratom, a plant-derived substance that is currently widely available in Idaho with little oversight. The outcome of this bill could have significant implications for the accessibility and legal status of kratom in the state.