HB 185

 2026  26LSO-0472
                           STATE OF WYOMING
                           HOUSE BILL NO. HB0185
 Kratom-prohibition.
 Sponsored by: Representative(s) Ottman
                                   A BILL
                                       for
1 AN ACT relating to public health and safety; prohibiting
2 the manufacture, sale, distribution or possession of kratom
3 products; making legislative findings; providing criminal
4 penalties;       providing     exemptions;       requiring    rulemaking;
5 making       conforming   amendments;  providing   appropriations;
6 providing positions; and providing for effective dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10Section 1.
11
12(a)    The legislature finds that:
13
14(i)   The      United  States   drug     enforcement
15 administration lists kratom, or mitragyna speciosa, as a
16 drug and chemical of concern;
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2(ii)    The  United     States      food       and    drug
3 administration  has   recommended        federal    scheduling      for
4 7-hydroxymitragynine, a concentrated kratom alkaloid;
5
6(iii)       The centers for disease control and  the
7 food    and      drug       administration  recently      documented     a
8 forty-one (41) state salmonella outbreak linked to kratom
9 products;
10
11(iv)    Emerging        data      shows    rising      emergency
12 medical     services        encounters       and    poison    control     center
13 encounters involving kratom products.
14
15Section       2.    W.S.     35-7-2201       through    35-7-2206      are
16 created to read:
17
18ARTICLE 22
19KRATOM PRODUCT PROHIBITION
20
2135-7-2201.  Short title.
22
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1 This act shall be known and may be cited as the "Kratom
2 Product Prohibition Act."
3
435-7-2202.        Definitions.
5
6(a)   As used in this article:
7
8(i)     "Concentrated  kratom        alkaloid"  means
9 mitragynine        or    7-hydroxymitragynine  that     is    isolated,
10 synthesized,       semi-synthesized  or    present     above    naturally
11 occurring mitragyna speciosa plant levels;
12
13(ii)       "Kratom"    means        any   part    of     the   plant
14 mitragyna speciosa in any form and any product marketed,
15 sold or represented as containing mitragyna speciosa;
16
17(iii)       "Kratom product" means any item containing
18 kratom or a concentrated kratom alkaloid that is meant for
19 human consumption;
20
21(iv)       "Research   institution"        means    a    university
22 or laboratory approved by an institutional review board.
23
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135-7-2203.     Prohibited acts.
2
3 No person shall knowingly manufacture, sell, distribute or
4 possess a kratom product.
5
635-7-2204.     Exemptions.
7
8(a)   The    following   entities       are     exempt     from      the
9 prohibitions under W.S. 35-7-2203:
10
11(i)    Research institutions;
12
13(ii)   Law   enforcement    and    forensic       laboratories
14 that conduct testing on kratom products.
15
1635-7-2205.     Penalties.
17
18(a)   A person who violates W.S. 35-7-2203:
19
20(i)    For   a   first    offense,       is      guilty   of     a
21 misdemeanor punishable by imprisonment for not more than
22 six (6) months, a fine of not more than seven hundred fifty
23 dollars ($750.00), or both;
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2(ii)    For       a   second    or    subsequent        offense,     is
3 guilty of a misdemeanor punishable by imprisonment for not
4 more   than    one        (1)   year,    a   fine    of    not      more    than   one
5 thousand dollars ($1,000.00), or both.
6
7(b)    Each  manufacture,  sale,        distribution  or
8 possession of        a     kratom       product     shall      be    considered      a
9 separate offense under this section.
10
1135-7-2206.  Seizure and forfeiture.
12
13 Kratom products shall be considered contraband and shall be
14 subject to forfeiture in the same manner as provided by
15 W.S. 35-7-1049.
16
17Section       3.    W.S.     35-7-1049(a)  by    creating      a    new
18 paragraph (ix) is amended to read:
19
2035-7-1049.  Forfeitures        and      seizures  generally;
21 property subject to forfeiture.
22
23(a)    The following are subject to forfeiture:
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2(ix)     Kratom       products,  as     defined     by      W.S.
3 35-7-2202(a)(iii),  and    all    raw    materials,  products    and
4 equipment of any kind that are used, or intended for use,
5 in     manufacturing,  processing,  delivering,  importing     or
6 exporting any kratom products.
7
8Section 4.
9
10(a)     The department of agriculture is authorized one
11 (1) full-time employee for the purpose of testing kratom
12 products as required by this act. There is appropriated one
13 hundred ninety-seven thousand five  hundred       forty dollars
14 ($197,540.00) from the general fund to the department of
15 agriculture for the salary and benefits of the position
16 created by this subsection. This appropriation shall be for
17 the period beginning July 1, 2026 and ending June 30, 2028.
18 This appropriation shall not be transferred or expended for
19 any    other      purpose      and   any     unexpended,        unobligated       funds
20 remaining from this appropriation shall revert as provided
21 by    law.   It    is    the    intent       of   the   legislature        that    this
22 appropriation  and    this     position  be     included     in    the
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1 department        of        agriculture's      standard     budget      for     the
2 immediately succeeding fiscal biennium.
3
4(b)    There  is     appropriated      twenty-four        thousand
5 dollars       ($24,000.00)  from     the    general     fund     to     the
6 department of agriculture to purchase equipment necessary
7 for the testing of kratom products as required by this act.
8 This appropriation shall be for the period beginning July
9 1, 2026 and ending June 30, 2028. These funds shall not be
10 transferred       or    expended      for     any   other    purpose     and   any
11 unexpended,        unobligated  funds    remaining      from        this
12 appropriation shall revert as provided by law. It is the
13 intent       of   the       legislature      that   this    appropriation        be
14 included in the department of agriculture's standard budget
15 for the immediately succeeding fiscal biennium.
16
17Section  5.    The     department      of     agriculture,        in
18 consultation with the attorney general, shall promulgate
19 all rules necessary to implement this act.
20
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1Section 6.
2
3(a)   Except   as       provided   by   subsection      (b)    of   this
4 section, this act is effective July 1, 2026.
5
6(b)   Sections      5    and   6   of   this   act   are      effective
7 immediately upon completion of all acts necessary for a
8 bill to become law as provided by Article 4, Section 8 of
9 the Wyoming Constitution.
10
11(END)
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