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Bill

Bill

SB 497

Adding kratom to schedule I of the uniform controlled substances act and making conforming amendments to the definition of fentanyl-related controlled substance in the criminal code.

2025-2026 Regular Session

Kratom would be designated as a Schedule I controlled substance in Kansas, restricting possession, distribution, and penalties like other high-risk drugs.

Died in House Committee
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Bill Summary · SB 497

Summary of SB 497 (2025-2026, Kansas)

Purpose and intent

  • The bill proposes adding kratom to Schedule I of the Uniform Controlled Substances Act in Kansas.
  • It also seeks to make conforming amendments to the criminal code’s definition of “fentanyl-related controlled substance,” ensuring consistency with the updated scheduling framework.

Key provisions and changes

  • Kratom scheduling: Designates kratom as a Schedule I controlled substance, placing it in the same category as substances with a high potential for abuse and no accepted medical use under state law. This would subject individuals and entities handling kratom to the corresponding restrictions, penalties, and enforcement mechanisms applicable to Schedule I substances.
  • Conforming amendments to fentanyl-related substances: Updates the criminal code’s definition of “fentanyl-related controlled substance” to align with the new federal/state understanding and to ensure enforceability against synthetic analogs or substances related to fentanyl. This typically involves:
    • Clarifying which chemical modifications or analogs fall under the definition.
    • Ensuring penalties apply consistently with other fentanyl-related offenses.
  • Administrative and enforcement alignment: The changes are intended to harmonize scheduling with enforcement tools, including reporting, possession, distribution, manufacturing, and penalties for kratom and fentanyl-related substances.

Affected entities and areas

  • Individuals: Possession, distribution, manufacturing, or trafficking of kratom would be regulated under Schedule I prohibitions, with penalties consistent with other Schedule I drugs.
  • Businesses and suppliers: Vendors, distributors, and manufacturers of kratom would face regulatory restrictions, licensing implications (if applicable), and enforcement risks.
  • Law enforcement and prosecutors: Authorities would rely on the updated scheduling and defined fentanyl-related substance penalties to prosecute offenses involving kratom and fentanyl analogs.
  • Criminal justice system: Court procedures, sentencing ranges, and conviction handling for kratom-related offenses would mirror other Schedule I substances.

Procedural history and timeline highlights

  • Introduced: February 6, 2026.
  • Early actions: Referred and moved through various committees, including Senate Public Health and Welfare, Ways and Means, and Federal and State Affairs before being placed in Committee of the Whole.
  • Senate actions: Passed the Senate with a vote of 33 yea, 5 nay, 2 absent on March 5, 2026; amendments were considered and some were rejected in the Committee of the Whole.
  • House actions: Referred to the House Committee on Health and Human Services (March 6, 2026); the bill ultimately died in the House Committee on April 10, 2026.
  • Overall: The bill advanced through several legislative stages but did not emerge as enacted prior to the dying motion in the House.

Potential impact and considerations

  • If enacted, kratom would become prohibited under state law, subject to Schedule I penalties and enforcement.
  • The conforming changes to fentanyl-related substance definitions would bolster enforcement against fentanyl analogs and related substances, potentially expanding or clarifying prosecutions.
  • The bill’s fate reflects the complexities of cross-chamber negotiation and the balance between public health concerns and regulatory approaches to controlled substances.

If you would like, I can provide a comparison with current Kansas law on kratom and fentanyl-related substances, or outline possible penalty ranges and enforcement mechanisms typically associated with Schedule I designations in Kansas.

Compiled from official sources — confirm details with the bill’s official record.

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