Kratom would be outlawed as a Schedule I substance under a bill passed Tuesday by the Iowa House.

House File 2133 would designate kratom products — ingestible substances made from the Mitragyna speciosa plant and its synthetic equivalents — as a Schedule I hallucinogenic substance. People found possessing kratom would face a serious misdemeanor charge for their first offense, an aggravated misdemeanor for their second and a Class D felony charge for subsequent offenses.

Currently, kratom products are legal for both sale and possession in Iowa, available for purchase at many stores selling vape and tobacco products, as well as in some gas stations and convenience stores. The substance, which is sold in capsules and drinks as well as in a powder form, produces a stimulant effect at low doses, and acts as a sedative at high does.

The U.S. Drug Enforcement Administration warns kratom consumption can lead to addiction, and that “several cases of psychosis resulting from use of kratom have been reported.” Additionally, medical institutions like the Mayo Clinic state kratom use has resulted in side effects such as liver damage, high blood pressure and weight loss.

Though there are numerous adverse side effects linked with kratom, the Mayo Clinic states “Kratom products have been linked to a small number of deaths. That’s small compared with deaths from other drugs. Nearly all deaths from kratom also involved other drugs or substances that might have been harmful.”

Rep. Mike Vondran, R-Davenport, the bill’s floor manager, called for the substance to be scheduled because it puts Iowans at risk of addiction and “potentially fatal overdose.” Vondran read messages from the family members of four Iowans who died or are in substance abuse rehabilitation programs for issues related to kratom use.

One letter, from a parent of a 25-year-old who died after using a kratom product in 2023, said their son believed using kratom was safe because it was sold legally and was a “natural” product.

“He was not seeking to get high,” Vondran said, reading the letter. “He believed he was using a legal herbal product to manage pain and function day to day. … Families like mine don’t have the luxury of debating categories like natural or synthetic, or partially restricted. What matters is whether the door stays open or finally closes. As long as kratom remains legal in any form, that door stays open, and more families will walk through it, believing legality means safety. Just as my son did.”

The issue was not divided along party lines. Rep. Ray Sorensen, R-Creston, acknowledged the struggles caused by addiction, including kratom use. But other substances and activities known to cause addiction like alcohol, prescription drugs and gambling are “regulated, not banned,” he said.

Sorensen introduced an amendment that would limit dosage amounts and implement age restrictions, labeling and testing requirements for kratom products. He said these changes regulating kratom products would “do more to protect Iowans than placing kratom into Schedule I and pushing the entire market underground.”

“Prohibition removes safety controls,” Sorensen said. “Right now kratom remains legal — products can be tested, labels can be required, age restrictions can be enforced. (If) it becomes Schedule I, the legal market disappears. Products move to black markets, there’s zero testing, there’s no consumer protection. For concerns of safety, banning the product entirely may actually make it less safe.”

He said regulating, rather than banning kratom, is an approach many states are taking, including states that previously banned the substance. He said in some states, kratom bans led to “an increase in overdose and use, and they are now clawing it back to regulation, recognizing that regulation is a more responsible path than prohibition.”

Vondran called for his colleagues to resist the measure, saying the proposal to schedule kratom was supported by law enforcement officials, as well as organizations like the American Medical Association, Iowa Medical Association, Iowa Pediatric Society and Iowa Mental Health Society. He said those who would be in charge of testing “say it’s too hot to handle.”

The amendment failed in a 44-51 vote. The bill, without changes, was passed by the House in 69-26 vote and goes to the Senate for further consideration. The companion bill, Senate File 2192, is available for floor debate.