HB 5537: Schedule I – The Only Sensible Policy
HB 5537 would add kratom to Michigan's Schedule I controlled substances list. That means complete prohibition – no sales, no possession, no loopholes. It would treat kratom like heroin, LSD, and other drugs with high abuse potential and no accepted medical use.
Why Schedule I is correct: Kratom is a mu-opioid agonist, causes physical dependence, has no FDA approval, and is linked to overdose deaths. It meets every federal criterion for Schedule I.
But the kratom industry – and its political allies – are fighting hard to stop this ban. They want to keep unregulated opioids on gas station shelves.
Who Is Protecting the Kratom Industry?
- Robert F. Kennedy Jr. – HHS has drawn a public line between natural kratom leaf and 7-OH products. Kennedy's intervention in Ohio was followed by a pause in that state's push for a broader kratom ban. Whatever the intent, that distinction gives political cover to leave gas-station kratom products on the market while targeting only one slice of the problem.
- Markwayne Mullin – Mullin joined HHS and FDA officials for the federal 7-OH announcement and warned that sellers know exactly how they are exploiting the supplement loophole. But the federal posture still leaves ordinary kratom leaf products largely untouched.
- JW Ross / Botanic Tonics – Ross founded Botanic Tonics, maker of Feel Free, a kratom-and-kava product marketed as a wellness drink and, at times, as an alcohol alternative. The product has faced lawsuits and public scrutiny over dependence and labeling concerns.
Follow the money: The kratom industry has spent heavily to shape state and federal policy. Public reporting found the American Kratom Association spent more than $1 million lobbying nationwide over the past decade, including $550,000 in 2024.
Democrats in Michigan: Do not let the natural leaf talking point become the escape hatch. The same political machine that says it is cracking down on 7-OH is leaving the broader retail kratom market standing.
Why Kratom Belongs on Schedule I
- It's an opioid. Mitragynine is a partial mu-opioid agonist – same mechanism as morphine, oxycodone, and heroin.
- It causes addiction and withdrawal. Thousands of people report severe withdrawal: anxiety, insomnia, muscle pain, diarrhea.
- It's contaminated. Independent labs have found lead (up to 1 µg/g) and ethanol (15-16%) in popular brands.
- It's killing people. The CDC's SUDORS database shows hundreds of overdose deaths with mitragynine detected.
- It has no accepted medical use. The FDA has rejected every attempt to recognize kratom as a dietary supplement or medicine.
Regulation is not enough. Age restrictions and labels won't stop contamination or addiction. Only prohibition works – as it has for heroin and other Schedule I drugs.
Email Template (Copy & Paste)
Subject: YES on HB 5537 – Schedule I ban on kratom
"Dear Senator [NAME],
I am a constituent in [DISTRICT/CITY]. I strongly support HB 5537, which would add kratom to Schedule I. Kratom is an unregulated opioid sold in gas stations. It has been found contaminated with lead and ethanol. It causes addiction and has been linked to overdose deaths.
The industry is fighting this bill with millions of dollars in lobbying. RFK Jr. and Markwayne Mullin have drawn a political line that protects natural leaf kratom while only targeting 7-OH. That's a loophole, not a solution.
Please vote YES on HB 5537. A full ban is the only honest answer.
Thank you."
Phone Script (30 Seconds)
Script:
"Hello, my name is [NAME] from [CITY]. I'm calling to urge Senator [NAME] to vote YES on HB 5537 – the bill to add kratom to Schedule I. Kratom is an unregulated opioid sold in gas stations. It contains lead and alcohol. The industry has spent over a million dollars lobbying to keep it legal. Please tell the Senator to support the ban. Thank you."
Submit Written Testimony
Email your senator using the addresses below. Keep it to one page. Structure:
- Your name, city, district.
- State your support for HB 5537 (Schedule I ban).
- Explain why kratom is dangerous: opioid agonist, addiction, lead, ethanol, deaths.
- Name the opposition's tactics: RFK Jr.'s Ohio intervention, Mullin's 7-OH focus, Jerry Ross's Feel Free lawsuits. Point out the $1M+ lobbying spend.
- End with a clear ask: "Vote YES on HB 5537. Nothing less than a full ban is acceptable."
Attach evidence from our Evidence page (lead reports, ethanol findings, CDC death data).
Contact Every Michigan Senator
Email and call. Democrats need to hear that a full ban is the right public health policy. Republicans need to hear that opioid dangers transcend party lines.
Call after emailing. Aides log every call. Make yours count.
Pass HB 5537 – Schedule I Now
The kratom industry has spent over $1 million lobbying to keep gas-station opioids legal. RFK Jr. and Markwayne Mullin have given them political cover by drawing a false line between natural leaf and 7-OH. Jerry Ross's Feel Free keeps selling, lawsuits and all.
Kratom is an unregulated opioid. It contains lead and alcohol. It kills. Michigan needs a full ban – nothing less.