The DeSoto County kratom ban is now on the books. The DeSoto County Board of Supervisors approved an ordinance at its Nov. 2 meeting that makes it illegal to sell, manufacture, possess, distribute or possess with intent to sell kratom anywhere in the county, the DeSoto Times-Tribune reported Tuesday.
Each violation carries a penalty of six months in jail and a $1,000 fine. The ordinance takes effect 30 days after passage, and stores that carry kratom products may get a grace period of up to 30 days to clear them from their shelves.
Why the DeSoto County kratom ban went countywide
When supervisors first took up the issue in October, they talked about a ban that would cover only unincorporated parts of the county. County Attorney Adam Emerson told the board that research changed that plan. Pike County tried a similar unincorporated-only ordinance, and a legal challenge tied it up for about a year, Emerson said, so a countywide ordinance was the better practice.
The county ordinance does not override city rules. If a city has its own kratom ordinance, that city’s rule takes precedence, Emerson said. Hernando already bans kratom, and Emerson said emails from other cities give him the impression they are likely to pass their own bans as well. Southaven and Olive Branch leaders have previously said they favor a statewide ban.
How the ban will be enforced
The DeSoto County Sheriff’s Office will enforce the ordinance, and cases will be handled in Justice Court. Emerson said deputies can write tickets or make arrests anywhere in the county, and he encouraged city attorneys to call the Sheriff’s Office if they know of someone selling kratom.
What is banned: Sale, manufacture, possession, distribution and possession with intent to sell kratom
Where: All of DeSoto County, unless a city has its own ordinance
Penalty: Six months in jail and $1,000 per offense
Enforced by: DeSoto County Sheriff’s Office, through Justice Court
Takes effect: 30 days after the Nov. 2 vote, with up to a 30-day grace period for retailers
What supervisors said about kratom
Kratom comes from the leaves of a Southeast Asian tree. It acts as a stimulant at low doses but has opioid-like effects at higher doses, and it is widely sold in gas stations, convenience stores and vape shops. Mississippi has no statewide ban, though buyers must be 21. Tennessee and Arkansas ban it statewide.
Supervisor Lee Caldwell said her main concern is that kratom is unregulated. “Even though some say it helps them, it is unregulated and may have other additives added to it,” she said, according to the Times-Tribune.
Supervisor Robert Foster said he supports the ban but does not want local law enforcement searching people’s homes for kratom packages. He said the county should act because there is no timeline for the Legislature, which considered the issue last year without passing a ban.
Supervisor Mark Gardner said County Coroner Josh Pounders told him opioid overdose deaths are down in DeSoto County but kratom-related deaths are rising, mostly among young people.
Possible federal action
Emerson told the board the Drug Enforcement Administration may add kratom to the federal controlled substance list, which would override local, county and state rules. He said that decision could come in November and could pull kratom off store shelves nationwide. He also said he does not know whether the Mississippi Legislature plans to take up a statewide ban.
Kratom drew new attention in North Mississippi after the deaths of two Ole Miss students in September, which authorities believe were linked to the substance.
