Designating kratom as a schedule I controlled substance, and making penalties applicable

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)