Georgia 2025-2026 Regular Session

Georgia House Bill HB968

Introduced
1/14/26  

Caption

Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide

Summary

HB 968 is a Georgia controlled-substances and consumer-safety bill that substantially revises the state’s regulation of kratom and kratom products. It adds certain kratom-related compounds and derivatives—especially 7-hydroxymitragynine, mitragynine pseudoindoxyl, MGM-15, MGM-16, 7-acetoxymitragynine, and similar synthetic or semisynthetic analogs—to Schedule I, while also expanding the statutory definition of “controlled substance” to include those kratom-related substances. The bill then creates a detailed regulatory framework for lawful kratom products, including definitions for kratom, kratom extract, processor, retailer, pharmacist, and a real-time electronic logging system. The bill would prohibit sales to persons under 21, ban possession by persons under 21, and restrict kratom from being consumed through vaping or similar inhalation devices. It also requires kratom products sold in Georgia to be derived from natural kratom plant material grown in the United States, sold behind a counter or in a secured display, and accompanied by access to a licensed pharmacist in person or by telecommunications. Beginning January 1, 2027, processors and retailers would have to log sales in real time, retain records for two years, and make them available to law enforcement through a Georgia Bureau of Investigation portal. The bill also creates civil and criminal penalties for violations, with harsher penalties for processors and retailers who knowingly, criminally negligently, or repeatedly violate the law. HB 968 further tightens product-content and labeling rules. It bars adulterated kratom, kratom with non-GRAS food substances, synthetic alkaloids or synthetic derivatives, pressed tablets or compressed pills, vaporizable forms, and multi-serving packaging. Labels would need detailed ingredient and dosage information, warnings about under-21 sales, pregnancy risks, pharmacist consultation, and limits on therapeutic claims unless approved by the FDA. The bill also prohibits advertising therapeutic benefits of kratom and marketing kratom to minors, including through cartoons, superheroes, video game references, youth-oriented imagery, or advertising in media and venues where minors make up at least 15 percent of the audience. The overall sentiment reflected by the bill text is strongly precautionary and restrictive, focusing on youth access, product purity, labeling transparency, and law-enforcement oversight rather than broad consumer access. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of debate, support, or opposition in the available materials. The structure of the bill suggests an intent to regulate kratom as a potentially risky substance while still allowing a narrow, tightly controlled retail market for compliant products. The main points of contention likely concern the bill’s breadth and severity: the Schedule I treatment of kratom-related compounds, the age-21 restriction, the ban on synthetic or enhanced products, the requirement that products be made from U.S.-grown kratom, the pharmacist-access mandate, and the real-time logging and law-enforcement access provisions. Retailers, processors, and kratom consumers may view these requirements as burdensome or as effectively limiting access, while supporters would likely frame them as necessary consumer-protection and public-health measures.

Impact

The bill would amend Georgia’s controlled-substances laws in Title 16 by adding specified kratom alkaloid derivatives, metabolites, and analogs to Schedule I and by expanding the definition of controlled substance to cover those compounds. It would also create or revise a separate kratom regulatory article governing who may sell kratom, what forms may be sold, how products must be labeled, how sales must be logged, and what advertising is prohibited. The bill would directly affect processors, retailers, pharmacists, law enforcement agencies, and consumers, especially adults under 21 and businesses selling kratom products in Georgia.

Sentiment

The available text indicates a generally restrictive, public-safety-oriented approach to kratom regulation. The bill emphasizes youth protection, product integrity, pharmacist oversight, and enforcement tools, suggesting support for tighter controls rather than permissive access. No committee discussion or vote history is available, so there is no recorded evidence of bipartisan support, opposition, or amendments in the provided materials.

Contention

Likely areas of contention include the decision to place kratom-related compounds in Schedule I, the prohibition on sales to anyone under 21, the ban on multi-serving and vaporized kratom products, and the requirement that products be derived from kratom grown in the United States. The real-time electronic logging system and law-enforcement access to purchase records may also be controversial because of privacy, compliance, and administrative-cost concerns. Retailers and processors may object to the bill’s felony-level penalties and pharmacist-availability requirement, while supporters would likely argue these provisions are needed to prevent adulterated products, youth use, and misleading marketing.

Companion Bills

No companion bills found.

Previously Filed As

GA SB534

To Establish The Arkansas Kratom Consumer Protection Act; And To Remove Mitragynine And 7-hydroxymitragynine, Also Known As Kratom, From The Controlled Substances List In Arkansas.

GA SB899

Further providing for schedules of controlled substances.

GA HB1101

The scheduling of mitragynine as a schedule I controlled substance.

GA SB1605

Makes 7-hydroxymitragynine in certain amounts a Schedule I controlled substance

GA H0864

Amends existing law to provide that certain substances involving mitragynine shall be Schedule I controlled substances.

GA HB2158

Further providing for schedules of controlled substances.

GA S301

Classifies 7 Hydroxymitragynine as Schedule I drug.

GA A1636

Classifies 7 Hydroxymitragynine as Schedule I drug and bans sale of products containing substance.

GA HB1614

Adds certain 7-OH products to the list of Schedule I controlled substances

GA SB2355

Kratom; add to Schedule III of the Uniform Controlled Substances Act.

Similar Bills

No similar bills found.