BOP Moving to Adopt Permanent Rules Banning Kratom

On December 12, 2025, Governor Mike DeWine signed Executive Order 2025-08D (EO), authorizing the Ohio Board of Pharmacy (BOP) to adopt emergency proposed changes to Ohio Administrative Code (OAC) 4729:9-1-01.1 Mitragynine-related compounds, designating all synthetic kratom compounds and other compounds derived from kratom as illegal, Schedule 1 drugs.

While the executive order allowed the emergency rules to go into effect immediately, those temporary rules authorized in the EO will expire on June 10th, 2026. As such, the Ohio Board of Pharmacy is moving forward through the JCARR process to make permanent this rule and proposed making the primary compound in kratom as a Schedule I controlled substance in OAC 4729:9-1-01.1 and OAC 4729:9-1-01.2.

The Ohio Council submitted comments in support of the rescheduling of Kratom and Mitragynine-related compounds as a Schedule I drug. The proposed rules are consistent with well-established principles used to evaluate controlled substances, including high potential for misuse, the risk of dependence, and the absence of accepted medical use under regulated conditions. These factors, combined with risks to young people through early exposure, alignment with regulatory policies of similar substances, and clinical evidence shared by Ohio Council members of increased presentation of clients seeking detox and treatment for Kratom dependence, strongly supports reclassification.

Kratom is a plant found in southeast Asia, which has been marketed in Ohio and across the United States as an opioid alternative. Due to its unregulated nature, the effects of kratom vary depending on the dosage and manufacturer, and has been tested to reach intoxicating levels higher than morphine, raising numerous public health and safety risks. Kratom has recently been sold at convenience stores, gas stations, and other commercial locations with no age requirements or restrictions, making the substance easily accessible not only to adults but to young people as well.

While the emergency designation within the EO allowed immediate adoption of the BOP rules designating synthetic Kratom and Mitragynine-related compounds as a Schedule I drug, the permanent rules will continue to travel through the normal JCARR process.

The Ohio Council will continue to monitor any changes to these rules as the process continues to unfold and will keep Ohio Council members informed of any changes.