Bill Description: House Bill 830 would classify kratom as a Schedule 1 controlled substance, thereby prohibiting and criminalizing its sale and use.
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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
House Bill 830 would amend Section 37-2705, Idaho Code, to add, “unless specifically excepted or unless listed in another schedule, any alkaloids found in or derived from Mitragyna speciosa, including synthetic alkaloids, homologs, analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.”
In normal terms, this would add all forms of kratom to Idaho’s list of Schedule 1 controlled substances, thereby prohibiting and criminalizing its sales and use.
Kratom is a plant, indigenous to Southeast Asia, that is used by some people to increase alertness and energy. It is currently sold and used without specific regulation in Idaho and many other states.
The bill would make it illegal to sell or use any form of kratom, whether natural or synthetic.
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Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
Currently, kratom can legally be sold and used without any specific regulations in Idaho. Under this bill, entry into the market would not merely face barriers; it would be entirely prohibited.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Adding a substance to Idaho’s list of Schedule 1 controlled substances isn’t just about limiting its commercial sale. It’s a total ban on sale, use, or possession.
Under this bill, manufacturing or delivering or possessing with intent to manufacture or deliver kratom — which is entirely legal today — would be a felony and carry a penalty of up to five years imprisonment, a $15,000 fine, or both.
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Even simple possession would be criminalized, and a person who possesses kratom (including kratom that was legally purchased before this law took effect) would be guilty of a misdemeanor and face a penalty of up to a year in prison, a $1,000 fine, or both.
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