Kratom is currently illegal in the state of Wisconsin. Right now, kratom’s on the same level as hard drugs – it’s listed as a Schedule I substance, which means it’s totally banned. This ban encompasses the two main active compounds found in the kratom plant – mitragynine and 7-hydroxymitragynine.
Through the substance’s Schedule I status, Wisconsin law takes a firm stance against the availability of kratom statewide by effectively prohibiting the possession, use, or sale of these alkaloids. Get caught messing with kratom laws, and you’re looking at heavy-duty penalties, even long-term jail time.
However, a fresh wave of efforts is striving to revamp the legal position of kratom. In the 2021-2022 legislative session, there have been proposals introduced to remove kratom from Schedule I designation in order to create a legal and regulatory framework for consumer access. While the proposals were unsuccessful, similar proposals have been reintroduced in the current 2022-2023 session.
House Bill 393 has been notable in this respect as it aims to legalize and regulate kratom products for human and animal consumption if passed into law. The bill is essentially a fresh effort to find that sweet spot between letting folks legally get their hands on kratom and protecting public health, by focusing more on punishing rule-breakers than people just possessing the stuff.
While strict prohibition remains in place currently, the future legal status of kratom in Wisconsin may shift towards a regulated model if legislative efforts gain momentum in the months and years ahead.
Kratom is currently illegal in Wisconsin. Due to the vital psychoactive compounds in kratom (mitragynine and 7-hydroxymitragynine) being under the Schedule I controlled substances list, Kratom has been banned from the state. Kratom products overall became effectively illegal.
Those convicted of illegally distributing or manufacturing kratom face felony charges. Selling kratom illegally is a serious offense, classified as Class H felony – you could be looking at up to 6 years behind bars and shelling out cash for fines that hit the $10,000 mark. Manufacturing kratom, on the other hand, unlawfully also comes with up to 6-year prison sentences and 5-figure fines if convicted.
Even just possessing mitragynine compounds is considered a Class I felony. Should someone be caught and convicted for having kratom, they might face a harsh sentence of 3.5 years behind bars and get slapped with fines reaching up to $10,000. Attempting to bring kratom products into Wisconsin from neighboring states where they may be legal also falls under these strict penalties.
The Wisconsin House Bill 599 aimed to legalize and regulate kratom products in Wisconsin. At the moment, kratom is still on the naughty list in Wisconsin—it’s tagged as a Schedule I controlled substance—meaning it’s illegal to sell or have it.
Had the bill passed, kratom would’ve been taken off the banned list, allowing legit businesses to produce and sell products containing it for people or pets. This implied that kratom could show up in various everyday items like food, drinks, chewing gum and even as part of dietary supplements.
Should the bill pass into law, certain restrictions would have nevertheless applied. Those who process Kratom could still not sell products containing hazardous substances or sell to anyone under 21. Kratom products would have, regardless, needed to meet state standards around testing, labeling, and composition – including limits on levels of the key alkaloid 7-hydroxymitragynine.
Processors would have also been required to register products with the Department of Agriculture, Trade and Consumer Protection (DATCP) before bringing them to market. A public registry of approved kratom offerings would have been maintained by the DATCP. As per usual, the violators would be subject to monetary penalties or product seizures.
The Wisconsin House Bill 599, through this regulated framework, sought to balance consumer access with guardrails addressing public health concerns regarding Kratom.
But, you know what? Despite all the fuss, that same bill didn’t make it through – as per Senate Joint Resolution 1.
The Wisconsin House Bill 393 is a bill that was introduced on September 5, 2023, by 5 Republican Representatives – Murphy, Brooks, Macco, Cabral-Guevara, and Felzkowski.
The main goals of the Wisconsin House Bill 393 are threefold. So, the bill’s first goal? It’s all about taking kratom off Wisconsin’s list of controlled substances – which means making it legal to make, sell, deliver and even possess products that contain this stuff. This legalization, however, would be subject to certain limitations established through the bill’s regulations.
In addition, the bill is keen to precisely identify what a kratom product is and set clear-cut guidelines for its production, labeling, and sale. The proposed rules dictate that only folks over 21 can buy kratom, manufacturers must register with the DATCP, and products need clear labels.
Finally, the bill lays down penalties – mostly Class C misdemeanors – for those who break the rules about making and selling kratom products. The bill’s main goal? To lay down the law on this substance, currently under control, by setting up strict penalties.
Wisconsin House Bill 393 was referred to the Committee on State Affairs for further review and consideration after being introduced by the 5 Republican Representatives.
While Kratom is strictly prohibited in the state, the legal status of kratom in Wisconsin could soon change if House Bill 393 passes. So, House Bill 393 is like a roadmap – it’s trying to lay down the law and make kratom available for folks legally, with all the rules in place.
Introduced by Representative David Murphy on September 5, 2023, House Bill 393 would legalize and regulate kratom products for human and animal consumption. House Bill 393 spells out what counts as kratom products and sets the playbook for their creators, or processors as we know them.
Under this bill, processors shall be required to obtain licenses, register products, follow labeling and packaging standards, and restrict sales to those 21 and over. The state Department of Agriculture, Trade and Consumer Protection would oversee regulations.
The bill cleverly blends public safety and consumer rights, making it legal to sell and produce goods while still keeping an eye on health standards. Fines and product destruction are some of the penalties for violation.
As of October 2023, the legislative process continues with a House substitute amendment under consideration. Should it become law, House Bill 393 could drastically alter kratom’s standing in Wisconsin and set the stage for a controlled local kratom trade.
CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.
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