Proponents wanted Idaho to ban some kratom products. What Legislature just did

Angela Palermo, Idaho Statesman on Mar 30, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

BOISE, Idaho — Legislation that would have placed some guardrails around buying kratom died on the Senate floor. It was the last hope some stakeholders had for regulating the drug in Idaho.

Senate Bill 1418 would have set a 21-and-older age limit on kratom, which is sold in gas stations and smoke shops.

It also would have required certain labeling, such as a batch number and warning statements, and banned “adulterated” or chemically enhanced kratom, referring to products containing artificially inflated levels of 7-hydroxymitragynine, also known as 7-OH, a semisynthetic compound derived from kratom.

Kratom is an herbal substance that can produce opioid- and stimulant-like effects, according to the National Institute on Drug Abuse. It’s been available for decades.

But 7-OH and other, more potent forms of the drug only emerged on the market in late 2023, and have since been linked to overdose deaths, leading the Food and Drug Administration to call it a public health threat. Several states and municipalities around the country have moved to regulate or ban it outright.

Enough senators felt the proposed legislation in Idaho didn’t go far enough, and it ultimately failed in a 15-20 vote Monday afternoon.

The bill, sponsored by Sen. Tammy Nichols, R-Middleton, and Rep. Jordan Redman, R-Hayden, sought to find a middle ground between those who wanted a full ban and those who feared a full ban would make criminals out of Idahoans who rely on the drug. Nichols said legislators have recieved nearly 1,000 emails about the issue.

Earlier in March, a House committee heard hours of testimony on another bill that would have reclassified kratom as a Schedule I controlled substance, meaning it would have made it illegal to sell or buy the drug in the state. Several residents, including former military members, testified then to the drug’s ability to help them manage pain, especially after back, shoulder and knee surgeries.

Others, including Tracy Basterrechea, chief of Meridian Police, advocated for a full ban.

There is currently no statewide minimum age requirement to buy kratom. Retailers set their own age limits, often restricting it to people age 18 or 21 and older.

Senators say this is their last chance to regulate kratom

“It’s already legal right now,” Sen. Brian Lenney, R-Nampa, said Monday during debate on the Senate floor. “This bill puts warning labels on it. If we want to ban it, let’s have that conversation later. This at least puts it out of the hands of kids.”

Sen. Melissa Wintrow, D-Boise, echoed Lenney’s remarks, and reminded her fellow lawmakers that, if the bill didn’t pass, the legislative session would likely conclude without having added any regulations surrounding the drug.

“It’s been told to me very plainly that whatever’s sitting over there in the other chamber isn’t going anywhere,” Wintrow said. “That’s what I’m scared about. We need to do something and this at least moves the ball forward.”

It wasn’t enough to convince the majority.

Sen. Kevin Cook, R-Idaho Falls, testified against the bill, saying that he heard from some Idaho pharmacists who said they would prefer an all-out ban, at least for now. Cook also said Idaho State Police does not have a test that is able to distinguish between synthetic and natural-leaf kratom.

Another legislator from Idaho Falls, Sen. Dave Lent, compared banning 7-OH but not natural-leaf kratom to banning THC but not marijuana buds, and reiterated concerns about overdose deaths tied to kratom.

“This is a de-facto way to legalize kratom, by saying the higher-potency stuff is bad and we don’t want to deal with it, but the other stuff is OK,” Lent said. “This is a drug, and that’s why it’s so popular, and making it available in gas stations and convenience stores is what’s driven this whole thing. There’s a lot of money behind this.”

After the bill failed, Sen. Treg Bernt, R-Meridian, introduced RS 33853 in a last-ditch effort to fully ban kratom before the Legislature ends its annual session. RS stands for Routing Slip, which refers to draft legislation. No lawmakers moved to introduce the draft bill, so it failed as well.

_____