Bills › 91st General Assembly
Designating kratom as a schedule I controlled substance, and making penalties applicable
Sponsored by the Senate Judiciary Committee, Sen. Jesse Green (R)
Where it is now
- Done: IntroducedJanuary 12, 2026
- Done: SubcommitteeJanuary 13, 2026
- Done: Senate committeeFebruary 4, 2026
- Stopped: Passes the SenateDied when the General Assembly ended
- Skipped: House committeeSkipped
- Done: Passes the HouseMarch 17, 202669–26
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Under this law, kratom would be classified as a controlled substance. People caught with kratom could face different punishments depending on how many times they have broken the law, ranging from misdemeanors to a felony. These penalties include jail time and fines.1
Read the official explanation
This bill designates kratom as a hallucinogenic schedule I controlled substance. A person possessing kratom is guilty of a serious misdemeanor for a first offense. A person who commits a subsequent violation is guilty of an aggravated misdemeanor. A person who has previously been convicted two or more times is guilty of a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
Why it matters. People caught possessing kratom or its derivatives would face new criminal penalties ranging from a serious misdemeanor for a first offense to a class “D” felony for multiple offenses. The state's General Fund may see increased costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, though the total impact on the Department of Corrections cannot be determined.2
9 written public comments to its subcommittee: January 22, 2026 (9) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill would classify kratom and its derivatives as a Schedule I hallucinogenic substance, creating new criminal penalties for possession. Because it is unknown how many new convictions will occur, the total impact on the Department of Corrections cannot be determined. The bill may increase costs to the state's General Fund through operating expenses for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.4
Read the fiscal note
Description
Senate File 2192 amends Iowa Code section 124.204(4) to add kratom, which refers to any part of the Mitragyna speciosa plant, to include all its synthetic equivalents and derivatives, compounds, salts, mixtures, and preparations as a Schedule I hallucinogenic substance. The penalty for first-time possession is a serious misdemeanor, for a second offense, an aggravated misdemeanor, and for a third and subsequent offense, a Class “D” felony.
Background
Under Iowa Code section 903.1, a serious misdemeanor is punishable by confinement of no more than one year and a fine of at least $430 but not more than $2,560; and an aggravated misdemeanor is punishable by confinement of no more than two years and a fine of at least $855 but not more than $8,540. A Class “D” felony under Iowa Code section 902.9 is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
- Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals.
- A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system.
- Offender-based convictions are a count of individuals convicted of the same offense. Each offender is counted only once per Iowa Code section, regardless of the number of individual convictions.
- Admissions are a count of individuals newly admitted to the Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed.
Correctional Impact
Senate File 2192 creates a new offense. A correctional impact cannot be determined, as it is unknown how many new convictions may result under the Bill. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a serious misdemeanor, an aggravated misdemeanor, and a Class “D” felony. Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months
Conviction Offense Class
Percent
Ordered to
State
Prison
FY 2025 Avg
LOS in
Prison (All Releases)
Marginal
Cost Per
Day
Prison
Percent
Ordered to
Probation
FY 2025
Field Avg
LOS on
Probation
Avg Cost
Per Day
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY 2025
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
Serious Misdemeanor 2.30% 7.3 $23.07 44.80% 21.0 $8.00 $16.35 $50.00 N/A $8.00 Aggravated Misdemeanor Non-Persons 31.10% 9.3 $23.07 37.10% 28.4 $8.00 $16.35 $50.00 11.2 $8.00 D Felony Non-Persons 84.20% 12.5 $23.07 69.40% 41.4 $8.00 $16.35 $50.00 15.5 $8.00 Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system.
Minority Impact
Senate File 2192 creates a new offense for the possession of kratom, and as a result, existing data cannot be used to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 2192 may increase the number of convictions under Iowa Code section 124.204(4); however, the extent of the increase in costs to the DOC is unknown. Figure 2 shows the average State cost per relevant offense. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Division of Data, Planning, and Improvement (DPI), Department of Management (DOM)
- Kratom, Scheduling as a Controlled Substance · February 12, 2026
- Kratom and Synthetic Kratom, Scheduling as a Controlled Substance · February 9, 2026
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Similar bills
- SF 367 Designating kratom as a schedule I controlled substance, and making penalties applicable91st General Assembly · In committeeNearly identical
- HF 2159 Designating kava as a schedule I controlled substance, and making penalties applicable91st General Assembly · In committeeVery similar
Matched by wording or an identical title.