Brookhaven has enacted a ban on the sale, use and possession of kratom within the city. The prohibition against “synthetic cocaine” will go into effect on July 1, 2025.

According to the National Institute on Drug Abuse, kratom commonly refers to an herbal substance than can produce opioid-like and stimulant-like effects. While there are no uses for kratom approved by the U.S. Food and Drug Administration, users report it can manage drug withdrawal symptoms and cravings — especially related to opioid use — pain, fatigue, and mental health problems.

Gov. Tate Reeves signed a bill on April 17 that will prohibit the sale of kratom to, and purchase or possession of kratom by, anyone under the age of 21 within the state of Mississippi. The bill was introduced in the House, and received no opposing votes in either the House or Senate.

On July 1, 2025, House Bill 1077 will go into effect as law. It is an “act to prohibit … selling or distributing kratom products to any person under the age of 21 years; [and] to prohibit persons under the age of [21] from purchasing, receiving, or having in his or her possession in any public place any kratom products.”

The law will require kratom products to be kept behind the counter in a retail establishment, and proof of age to be presented if the seller does not know the purchaser to be at least 21 years old. Anyone who claims to be 21 or older but is not, and purchases kratom products, “shall be guilty of a misdemeanor, and shall be punished by a fine of not less than [$100], nor more than [$200], and a sentence [of] not more than [30] days community service.”

Anyone under the age of 21 who buys, receives, or has kratom in their possession in a public place “shall be guilty of a misdemeanor and shall be punished by a fine of not less than [$200] nor more than [$500].”

A retailer or employee who violates the law on sale can be fined up to $1,000 per violation.

In addition, a city or county can enact its own bans or restrictions on kratom products within its jurisdiction.

On Tuesday, May 6, Alderman-at-large Don Underwood presented a proposed ordinance to the Brookhaven Board of Aldermen that would make the law stricter within the city’s jurisdiction, in effect banning kratom altogether. The ordinance was based on an Oxford city ordinance, and reviewed by board attorney Bobby Moak before its presentation to the full board.

Ward 5 Alderman Fletcher Grice seconded Underwood’s motion to enact the ordinance, and the Board voted unanimously in favor.

In addition to kratom, the ordinance prohibits the sale, purchase, use, etc., of “synthetic cocaine,” “bath salts,” “any Mitragyna speciose specific” products, and “other similar product(s) with the active ingredient or with similar structural [ingredients] commonly found in kratom.”

Several retailers in the city currently offer kratom and similar products for sale.

Violations of the state law or city ordinance are enforceable by law enforcement agencies.

 

The complete ordinance that will take effect on July 1 is as follows:

Preamble:

That the following over-the-counter drugs have a historical continually changing chemical composition in attempts by their manufacturers to bypass state laws and local ordinances.

It is the intent of this ordinance to prohibit the sale of these products in our city.

The ordinance is designed to have a continuing feature allowing its automatic renewal each July 1, to reflect any changes made by the Mississippi Legislature as to chemical compounds or regulations and does not prohibit the city from having this broad ordinance in place to protect the citizens from the sale of these products.

 

ORDINANCE

Use, purchase, possession, distribution, sale or offering for sale of synthetic cocaine, other synthetic products, or kratom; prohibited.

(a)       No person shall use, possess, purchase, distribute, manufacture, sell or attempt to use, possess, purchase, distribute or sale or publicly display for sale any one or more of the following within the city:

(1)       Products sold as “bath salts” under the trade names: Ivory wave, bliss, white lightning, hurricane Charlie, super coke, cloud 9, peevee, ocean magic, white dove, and other trade names, and/or containing one or more of the following compounds or chemicals:

1. u3,4-Mehtylene-dioxymethcathinone (Methylone);
2. u3,4-Methyenedioxy-pyrovalerone (MDPV);
3. u4-Methylmeth-cathinone (Mephedrone);
4. u4-Methoxymeth-cathinone;
5. u4-Fluorometh-cathinone.

(2)       Products sold as “kratom”, or any part of the plant Mitragyna Speciosa, Mitragyna Speciosa Korth, Mitragyna speciosa leaf extract, Mitragyna speciosa extract, whether growing or not, and any compound, manufacture, salt, derivative, capsule, tablet, caplet, gelcap, pill, powder, liquid, vegetative material, mixture, or preparation of the plant, including but not limited to any product containing mitragynine, or 7-hydroxymitragynine.

(3)       This includes any Mitragyna speciose specific alkaloids, isomers, esters, ethers, salts, and salts of isomers, and ethers, including but not limited to synthetics or natural products which include the active ingredients in kratom, such as:

1. Ajmalicine (raubasine);
2. Mitraphylline;
3. Rhynchophylline;
4. Mitragynine pseudoindoxyl;

1. Or other similar product(s) with the active ingredients or with similar structural analogs commonly found in kratom, including:
2. Corynantheidine, 7-Acetoxymitragynine, corynoxein A and B, 3-dehydromitragynin, 3-isocorynantheidin, 3-isopaynanthein, isomitraphyllin, isospeciofolin, isospecionoxein, mitraciliatin, mitrafolin, mitragynalin, mitraphylin, mitraspecin, paynanthein, speciociliatin, speciofolin, speciogynine, specionoxein, speciophylline, and stipulatin.
3. This shall include every variation of products sold using the trade name Kratom or similar trade names or descriptors, including, but not limited to: Krathom, Kakuam, Ketum, Kratum, Ithang, Thang, Thom, Biak, Biak-Biak, Mambog, Super K, Life Force K, K-Chill, Herbal Speedball, or K-shot.

(b)       If any of the aforementioned substances shall be found in the possession of any person, unless specifically excluded herein, the substances shall be confiscated by law enforcement officials.

(c)       It shall not be an offense under subsection (a) above of this section if a person shall be acting at the direction of an authorized agent of the city to enforce or ensure compliance with this law prohibiting the use, possession, purchase, distribution or sale or the attempt to use, possess, purchase, distribute or sale or publicly display for sale the aforementioned substances.

(d)       This section shall not apply to any person who shall commit any act described in this section pursuant to the direction or prescription of a duly licensed physician or dentist authorized to direct or prescribe such act. This section shall not apply to the inhalation of anesthesia for a medical or dental purpose which inhalation or anesthesia shall be administered by or under the supervision of a duly licensed physician or dentist.

(e)       Any person found to be guilty of violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or imprisoned in the county jail not to exceed six months or both.

(f)        That this ordinance shall automatically renew on the 1^st day of July each calendar year and shall reflect any state statute that adds additional chemical composition or product market designations so long as this Ordinance is not precluded by state law to be in force and effect.