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HB 5537

Crimes: controlled substances; production and sale of kratom; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 473a.

2025-2026 Regular Session Introduced by Greg Alexander and 29 co-sponsors

Michigan House passes bill immediately prohibiting kratom production and sale as controlled substance, affecting current retailers and users statewide.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#controlledsubstances:other #crimes:controlledsubstances
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Bill Summary · HB 5537

Legislative bill overview

HB 5537 amends Michigan's controlled substances law to prohibit the production and sale of kratom, classifying it as a controlled substance. The bill was passed by the Michigan House with immediate effect in March 2026 and is currently in the Senate Committee on Government Operations.

Why is this important

Kratom is a botanical substance currently legal and widely available in Michigan through smoke shops, online retailers, and wellness stores. This ban would criminalize a product used by thousands of Michigan residents, potentially affecting small businesses and creating new criminal penalties for possession and distribution.

Potential points of contention

  • Consumer access and personal use: Kratom users and advocates argue it has legitimate wellness applications; the bill makes no distinction between personal possession and commercial sale
  • Regulatory approach: Some argue regulation and quality standards would be more effective than prohibition, particularly given kratom's legal status in most U.S. states and at the federal level
  • Law enforcement burden: The immediate effect clause means enforcement begins before full Senate review; critics question whether this represents adequate legislative process and public input opportunity
  • Small business impact: Smoke shops and retailers currently selling kratom legally would face criminal liability without transition periods

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

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