West Virginia 2023 Regular Session

West Virginia Senate Bill SB225

Introduced
1/16/23  

Caption

Banning sale of Kratom in WV

Impact

If enacted, SB225 would not only prohibit the sale of Kratom but would also impose significant legal repercussions for those involved in its distribution. This legislative move would impact both consumers who have turned to Kratom as a herbal remedy and businesses that have capitalized on its rising popularity. Proponents of the bill argue that the regulation is essential for public health and safety, claiming that current evidence suggests potential addiction and adverse effects associated with Kratom use. The implications for state law would mean stricter enforcement against the sale and possession of Kratom, paralleling established regulations for other controlled substances.

Summary

Senate Bill 225, introduced in West Virginia, proposes to amend and reenact ยง60A-2-204 of the state code, which pertains to the regulation of controlled substances. This bill specifically aims to add the active chemicals found in Kratom to the Schedule I substances list, effectively banning its sale throughout the state. The bill underscores growing concerns regarding the safety and potential misuse of Kratom, which is often marketed as a natural alternative for pain management and recreational use. By categorizing Kratom as a Schedule I substance, the bill aligns it with other highly regulated drugs that are believed to have little medical use and a high potential for abuse.

Sentiment

The sentiment surrounding SB225 appears to be mixed. Supporters, primarily from public health and safety organizations, view the bill as a necessary measure to protect communities from the health risks posed by unregulated Kratom. On the other hand, detractors, including herbal advocates and some constituents, argue that the bill may infringe upon personal choice and access to alternative medicinal remedies. The polarized opinions highlight an ongoing debate about how best to balance regulation with individual freedoms in the context of herbal and natural products.

Contention

Notable points of contention regarding SB225 include discussions about the adequacy of scientific evidence linking Kratom use to health risks, with some arguing that it has been mischaracterized. Critics of the regulation highlight the potential for overreach, fearing that an overzealous approach to control could lead to unintended consequences such as increased criminalization and reduced access to alternative treatments for individuals managing chronic pain or substance dependency. The bill's introduction is part of a broader trend in state legislatures to evaluate and respond to the challenges posed by emerging substances and their regulation.

Companion Bills

WV HB3106

Similar To Add Kratom to list of schedule I controlled substances

Similar Bills

WV HB3113

Removing certain drugs from schedule 1

WV SB666

Adding Kratom and Delta-8 THC to list of Schedule 1 controlled substances

MS HB4

Tianeptine; include in Schedule I controlled substance list.

MS HB5

Kratom; include in Schedule I controlled substances list.

MS HB663

Kratom; include in Schedule I of the Uniform Controlled Substances Act.

MS HB681

Kratom; include in Schedule I controlled substances list.

WV HB3106

Add Kratom to list of schedule I controlled substances

MS HB1086

Tianeptine; add to list of Schedule I controlled substances.