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H 864

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

68th Legislature, 2nd Regular Session (2026)

Idaho bill classifies kratom (mitragynine) as Schedule I controlled substance, criminalizing possession and sales of the currently legal botanical product.

Reported Printed and Referred to Health & Welfare
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Bill Summary · H 864

Legislative bill overview

H.B. 864 would classify mitragynine-containing substances (primarily kratom) as Schedule I controlled substances in Idaho. This amendment would place these substances in the most restrictive drug category, alongside drugs like heroin and LSD, making possession, distribution, and sale illegal without exceptions for medical use.

Why is this important

Kratom is a botanical product derived from a Southeast Asian tree that has growing popularity in the U.S. as a dietary supplement and alternative wellness product. This bill would criminalize a substance currently legal in Idaho and many states, affecting consumers, businesses, and potentially creating enforcement and incarceration implications.

Potential points of contention

  • Schedule I classification appropriateness: Critics argue Schedule I is excessive for kratom given its traditional use in other countries and lack of evidence meeting the criteria for Schedule I drugs (high abuse potential, no accepted medical use). Supporters cite concerns about dependency potential and insufficient safety research.
  • State-level inconsistency: Kratom remains legal federally and in many states; Idaho prohibition would create a patchwork of conflicting regulations and complicate interstate commerce.
  • Wellness industry impact: The measure would affect businesses selling kratom legally under current law and consumers using it for pain management or other purposes, potentially driving underground markets.

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

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