Ohio lawmakers question Board of Pharmacy’s authority over kratom regulations

Ohio lawmakers are seeking answers from the Ohio Board of Pharmacy after members of the Joint Committee on Agency Rule Review, known as JCARR, questioned whether the agency exceeded its authority when issuing guidance related to natural kratom and regulations targeting synthetic kratom products.

The discussion comes months after Republican Gov. Mike DeWine pushed state regulators to crack down on kratom products and after the Board of Pharmacy adopted an emergency rule banning most synthetic kratom compounds.

Several lawmakers on the committee suggested the agency may have exceeded its authority when issuing certain guidance documents and policies related to kratom regulation.

“Members of JCARR, myself included, brought to your attention that we felt that that is outside of your authority to issue,” former state Rep. Jamie Callender, a Republican from Concord, said during the meeting.

Committee members specifically questioned guidance issued by the Board of Pharmacy with support from the Ohio Department of Agriculture, arguing that some of the policies may have been implemented without following the formal rulemaking process required under state law.

The discussion focused on whether the Board of Pharmacy acted within the scope of powers granted to it under Ohio law when issuing guidance and regulations related to kratom.

Board of Pharmacy officials defended their actions and said the agency was responding to concerns raised by DeWine and public health officials.

“The governor had asked us to look at this issue and so obviously being part of the executive branch of government, we took his request and we have been looking at it,” Cameron McNamee of the Ohio Board of Pharmacy told lawmakers.

McNamee rejected suggestions that the agency attempted to bypass the legislature.

“There’s no attempt to sort of do an end run around the legislature,” McNamee said. “I think they just have, we just have differences of opinion.”

The dispute follows months of debate over kratom regulation in Ohio.

In December, the Board of Pharmacy adopted an emergency rule prohibiting the sale, possession and distribution of most synthetic kratom compounds after DeWine urged regulators to act.

The emergency rule took effect for 180 days and was scheduled to expire earlier this month.

At the time, DeWine described synthetic kratom products as dangerous substances that were being marketed to consumers without sufficient safeguards.

“These modified kratom products, sold online and in stores, are essentially legal, over-the-counter opiates that anyone—including kids—can buy with just a few bucks,” DeWine said when calling for action.

The emergency rule targeted synthetic kratom compounds, while natural kratom products containing only mitragynine remain legal in Ohio.

That distinction has become a major point of debate among lawmakers, regulators, consumers and public-health advocates.

State Reps. Mike Odioso, R-Green Twp., and Brian Lorenz, R-Powell, previously introduced House Bill 587, known as the Kratom Consumer Protection Act, as an alternative to an outright ban.

Rather than prohibiting all kratom products, the legislation would establish regulations governing the sale and distribution of kratom while restricting synthetic compounds and products containing high concentrations of 7-hydroxymitragynine, often referred to as 7-OH.

“Ohioans from my district and across the state who consume kratom deserve to know the products they purchase are safe and sold in regulated venues,” Odioso said when introducing the proposal.

Supporters of kratom argue the botanical product can help with chronic pain, anxiety and opioid dependence. Opponents cite overdose data, poison-control reports and growing concerns about increasingly potent synthetic versions of the substance.

The issue has also drawn attention from families affected by kratom-related deaths.

Jennifer Young, whose son Johnny died after consuming kratom, attended the JCARR meeting and urged state officials not to delay future regulatory action.

“Everything is going to get so much worse if something isn’t done about this,” Young said.

McNamee told lawmakers that synthetic kratom remains illegal under Ohio’s current rules.

Lawmakers did not take formal action Monday, but committee members indicated they want additional answers regarding the Board of Pharmacy’s regulatory authority and guidance surrounding kratom products.