HB968: HB968 Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide

Kratom is a plant-based supplement currently sold with limited regulation in Georgia. This bill would add 7-hydroxymitragynine (7-OH) and several related kratom derivatives to Georgia's Schedule I list of controlled substances (O.C.G.A. § 16-13-25), the same category as the most tightly restricted drugs, while leaving standard kratom leaf products legal but heavily regulated. For kratom products that remain legal, the bill caps how much mitragynine and 7-hydroxymitragynine they can contain per serving, bans pressed tablets, vape-style kratom, and multi-serving packages, and requires detailed warning labels. Retailers must keep kratom behind a counter with a licensed pharmacist available to answer questions, and starting January 1, 2027 must log every sale in a real-time electronic system accessible to law enforcement. The bill also bans advertising kratom to minors, sets misdemeanor and felony penalties depending on intent and repeat offenses, and takes effect July 1, 2026, applying to offenses committed after that date.

• Adds 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl, and several named kratom derivatives to Georgia's Schedule I controlled substances list, making them illegal like other Schedule I drugs.
• Sets maximum concentration limits for legal kratom products: no more than 150 mg of mitragynine per serving and strict caps on 7-hydroxymitragynine content.
• Bans selling kratom as pressed tablets, vape-style products, or multi-serving packages, and requires kratom to be sold from behind a counter with a licensed pharmacist available.
• Requires retailers and processors to log kratom sales electronically starting January 1, 2027, with records accessible to law enforcement and kept for two years.
• Prohibits advertising kratom's therapeutic benefits and bans marketing kratom to minors using cartoons, video game references, or images of people who appear under 21.
• Creates a tiered penalty system ranging from small fines for first offenses to felony charges with up to 15 years in prison for processors or retailers who knowingly violate the rules.

Kratom retailers and processors in Georgia, licensed pharmacists who must be available at points of sale, people who use kratom or kratom products (including those under 21, who remain barred from purchasing it), law enforcement agencies that will access sales logs, and the Georgia Bureau of Investigation, which oversees the electronic logging system.

Georgians who currently buy 7-OH kratom extracts would lose legal access to that specific compound, since it becomes a controlled substance alongside other Schedule I drugs. Other kratom products would stay legal but face new concentration limits, labeling rules, and sales tracking, changing how stores stock and sell kratom.

• Section 2 adds 7-hydroxymitragynine, mitragynine pseudoindoxyl, MGM-15, MGM-16, 7-Acetoxymitragynine, and other kratom derivatives to Georgia's Schedule I controlled substances list (O.C.G.A. § 16-13-25).
• Section 4 requires a licensed pharmacist to be present or reachable by real-time communication at any counter selling kratom and bars sale to anyone under 21.
• Section 4 mandates that, starting January 1, 2027, processors and retailers log required buyer information into a real-time electronic system accessible to law enforcement, kept for two years.
• Section 5 sets maximum concentration limits (150 mg mitragynine per serving, 0.5 mg 7-hydroxymitragynine per gram, 1 mg per serving) and bans pressed tablets, vape-style kratom, and multi-serving packaging.
• Section 5 requires detailed warning labels, including pregnancy warnings and a statement that the product is not intended to diagnose, treat, cure, or prevent disease.
• Section 6 creates a new Code Section 16-13-123 banning advertising kratom's therapeutic benefits and marketing it to minors, with fines of $500 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 law
• advertising restrictions