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Status last checked 25 August 2026 · always confirm against the official bill text before you act
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MI HB 5537

Adds a new section to Michigan's criminal code to prohibit the production and sale of kratom outright.

We oppose this

Crimes: controlled substances; production and sale of kratom; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 473a.

What it does

  • Amends the Michigan Penal Code (1931 PA 328) by adding section 473a.
  • Prohibits production and sale of kratom - not a cap, not a scheduling tier, a prohibition.
  • Sits in the criminal code rather than in food or consumer protection law, which decides who enforces it and what the consequence looks like.
  • Runs directly against HB 4969, the regulatory bill moving in the same legislature.

What our model act does instead

We are not asking anyone to do nothing. Every objection below comes with the clause we would put in its place — the full text is here.

§5

Scope of Protection and Regulation

Section 5 puts kratom alkaloid products inside a regulatory scheme rather than the penal code. A regulated product can be tested, labeled, age-gated and recalled. A prohibited one cannot be any of those things, because there is no lawful seller left to hold to a standard.

§15

Youth Access Restrictions

If the concern is young people, Section 15 restricts sales to 21 and over and puts the duty on the licensed seller. Prohibition removes the licensed seller, which removes the only party who can be made to check an ID.

§12

Testing Requirements

Prohibition does not make a product disappear; it makes it untested. Section 12 requires independent batch testing and a certificate of analysis - the protection that is lost first when a market goes underground.

If you call, say this

Yours will be better than ours because it is yours. Change a word, say where you live, and stop — ninety seconds is a long call.

I am a constituent and I am asking you to oppose HB 5537. Prohibition does not remove demand, it removes testing and labeling. Michigan already has HB 4969 in front of it, which regulates these products, sets an age limit and requires lab testing. Please regulate this rather than criminalize it.
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