Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 968: Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide
Last action March 6, 2026 · House Committee Favorably Reported By Substitute
A House Judiciary Committee substitute for HB 968 would classify 7-hydroxymitragynine (7-OH) and other kratom derivatives as Schedule I controlled substances while also rewriting Georgia's kratom sales, labeling, and advertising rules for retailers and processors.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
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.
What the bill does
- 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.
Who it affects
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.
Why it matters
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.
Key provisions
- 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.
From the bill
“Any material, compound, mixture, or preparation which contains any quantity of the following synthetic or semisynthetic derivatives, alkaloid derivatives, analogs, concentrations, or metabolites of Mitragyna speciosa or kratom”
“No kratom product sold in, or delivered to, this state shall have a concentration ratio that is: (1) Greater than 150 mg of mitragynine per serving”
“No person may directly or indirectly advertise or market kratom or kratom products to minors.”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, March 2, 2026
From 1:31:51 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute for HB 968 as a complete kratom ban, including natural leaf, citing reported deaths, medication interactions and insufficient safety research. Members questioned whether limited research justified a full ban and distinguished natural leaf from synthetic or adulterated products. Members suggested pharmacy-only sales, medical access or stronger warnings. The sponsor preferred a ban but acknowledged pharmacy restrictions as an alternative. A family witness attributed a spouse's death to kratom and supported a ban. Two attorneys handling kratom cases also supported a ban, citing manufacturers' warnings, reported deaths and the lack of an approved safe-use process. One argued that pharmacy sales would not resolve those concerns. A Prosecuting Attorneys' Council witness explained that the substitute changed the controlled-substance definition from requiring both state and federal scheduling to allowing either. That witness said this would enable kratom prosecutions but could also make federally scheduled substances prosecutable in Georgia without further legislative action. The witness took no position on passage. The chair held the proposal until Thursday to consider concerns about transferring state authority to the federal government. No amendment or passage vote occurred.
House Judiciary Non-Civil Committee, March 5, 2026 (AM)
From 0:47:01 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the HB 968 substitute would ban synthetic kratom compounds while allowing natural leaf sales through Georgia pharmacies, including online, without prescriptions. The sponsor described purchase tracking, warnings and advertising restrictions, arguing pharmacists could explain interactions. An American Kratom Association witness opposed pharmacy-only sales, attributed harms mainly to synthetic products, and favored enforcing existing rules. A Georgia Poison Center pharmacist supported the substitute but preferred a full ban, reporting over 500 toxicity cases since 2021 and a 400% rise in exposures among children under five from 2024 to 2025. Asked whether those reports distinguished leaf from derivatives, the pharmacist said they could not reliably do so. A bereaved spouse attributed a death to kratom mixed with an energy drink and supported a ban. A consumer described benefits for avoiding alcohol and managing pain. An addiction scientist opposed criminalizing 7-OH and disputed safety claims. A botanical bar owner defended tested leaf products. A natural health practitioner warned pharmacy-only sales could raise prices and limit access. A drafting witness said the substitute resolved concerns about automatically following federal decisions. Members adopted an amendment adding concentrations to covered compounds and requiring the poison center number on labels. They rejected an amendment exempting natural leaf from pharmacy-only sales. The amended substitute passed by voice vote and advanced to Rules.
House Rules Committee, March 6, 2026
From 0:45:12 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor described HB 968 as regulating kratom rather than banning it. The sponsor said it would move sales behind pharmacy counters, require purchase logging, permit online sales through Georgia-registered pharmacies, and add warning labels and advertising restrictions. The sponsor cited consultation with poison control and pharmacy schools and a recent constituent death attributed to kratom. Asked about penalties for businesses, the sponsor said previously negotiated provisions remained unchanged, with consumers and clerks largely protected, responsibility focused on manufacturers and distributors supplying unlawful products, and repeated violations required before retailers faced a serious misdemeanor penalty. No decision was recorded.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rick Townsend (R, HD-179)
- Ron Stephens (R, HD-164)
- Noel Williams, Jr. (R, HD-148)
- Tyler Paul Smith (R, HD-18)
- John Corbett (R, HD-174)
- Angie O'Steen (R, HD-169)
Topics
- kratom regulation
- controlled substances
- drug scheduling
- retail sales rules
- advertising restrictions