HB 968: Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide

Kratom is a plant-based supplement currently sold somewhat loosely in Georgia. This substitute bill amends Georgia's controlled substances law (O.C.G.A. Chapter 13 of Title 16) to add synthetic and semisynthetic derivatives of kratom, including 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl, to the state's Schedule I list of controlled substances, the most restricted category. At the same time, the bill rewrites the separate kratom retail article to keep regulated sale of natural kratom products legal under strict conditions: products must be kept behind a counter, a licensed pharmacist must be available to answer questions, sellers must log purchases in a real-time electronic system starting January 1, 2027, and products face concentration limits on mitragynine and 7-hydroxymitragynine per serving. It bans pressed tablets, vaping forms, and multi-serving packaging, tightens labeling and warning requirements, and creates new criminal penalties for processors and retailers, plus limits on advertising to minors. The law would take effect July 1, 2026, and apply to offenses committed on or after that date.

• Adds 7-hydroxymitragynine (7-OH), mitragynine, mitragynine pseudoindoxyl, and related kratom derivatives to Georgia's Schedule I controlled substances list.
• Requires kratom retailers to keep products behind a counter or in a secured display and have a licensed pharmacist available to answer questions.
• Creates a mandatory real-time electronic purchase-logging system for kratom sales starting January 1, 2027, accessible to law enforcement.
• Bans selling kratom as pressed tablets or compressed pills, in vaping forms, or in multi-serving packages.
• Sets new labeling rules requiring milligram amounts of mitragynine and 7-hydroxymitragynine, pregnancy warnings, and a poison control hotline number.
• Creates new misdemeanor and felony penalties for processors and retailers who knowingly or negligently violate the kratom rules, and restricts advertising kratom to minors.

Kratom processors and manufacturers, retail stores and online sellers of kratom products, licensed pharmacists who must be available at sale counters, people under 21 who are barred from buying or possessing kratom, consumers of kratom products, and law enforcement agencies that gain access to sales logs.

Georgians who use kratom for pain relief or other purposes could see stricter limits on potency, packaging, and where and how it's sold, while some derivatives become outright controlled substances. Retailers and processors face new recordkeeping duties, pharmacist staffing requirements, and steep criminal penalties for violations.

• Section 1-2 add a new paragraph (23) to O.C.G.A. § 16-13-25 placing 7-OH, mitragynine, mitragynine pseudoindoxyl, MGM-15, MGM-16, and 7-acetoxymitragynine on Schedule I.
• Section 3 revises definitions in O.C.G.A. § 16-13-120, adding definitions for pharmacist, pharmacy, real-time electronic logging system, and required information.
• Section 4 amends O.C.G.A. § 16-13-121 to require a licensed pharmacist at sale counters and mandatory electronic sales logging beginning January 1, 2027, with tiered misdemeanor and felony penalties for processors and retailers.
• Section 5 amends O.C.G.A. § 16-13-122 to cap mitragynine at 150 mg per serving and 7-hydroxymitragynine at 0.5 mg per gram or 1 mg per serving, ban pressed tablets, vape forms, and multi-serving packaging, and set new label and warning requirements.
• Section 6 creates new O.C.G.A. § 16-13-123 banning advertising kratom's therapeutic benefits or marketing it to minors, with a $500 fine per violation.
• Section 7 sets the effective date as July 1, 2026, applying to offenses committed on or after that date.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2026-01-16House Second Readers (House)
3. 2026-01-15House First Readers (House)
4. 2026-01-14House Hopper (House)

• Rick Townsend (R, HD-179)Primary sponsor
• Ron Stephens (R, HD-164)
• Noel Williams (R, HD-148)
• Tyler Smith (R, HD-018)
• John Corbett (R, HD-174)
• Angie O'Steen (R, HD-169)

• kratom regulation
• controlled substances
• drug scheduling
• retail sales rules
• advertising restrictions