Supplemental Reading Week 9 Story 2 Law & Policy

Nebraska’s Kratom Registry: How the State Endorsed High-Potency Drug Products While Ignoring Federal Law


Nebraska has crossed a dangerous line.

Under the banner of “consumer protection,” the state has quietly done something far more serious: it has created and published an official registry approving dozens of kratom products for sale. Not hypothetically. Not in theory. In practice.

These products are now listed by the Nebraska Department of Revenue as approved for sale.

This decision directly contradicts federal law, undermines Nebraska’s own food-and-drug standards, and gives a false government seal of safety to opioid-like products that have never been proven safe, effective, or appropriate for human consumption.


The FDA Has Been Clear — Kratom Is Not Legal

The Food and Drug Administration has been unequivocal for years:

This is not a labeling dispute. It is not about age limits or purity standards.

The FDA’s position is categorical: kratom should not be sold at all.

Yet Nebraska has chosen to do the opposite.


What Nebraska Actually Approved (Not What the Law Claimed to Do)

After reviewing Nebraska’s Directory of Certified Kratom Manufacturers, the reality is stark.

Nebraska did not approve:

Nebraska approved commercial drug-style kratom products, including:

These are dependence-friendly formats.

A 330-capsule bottle is not harm reduction. It is an invitation to chronic use, tolerance, and withdrawal.

Approving extract products — even with a numeric alkaloid cap — ignores what medical literature and emergency physicians already know: extracts are the highest-risk kratom products on the market.


This Is Not “Approval” — It’s Paperwork Masquerading as Safety

The state registry tracks:

What it does not include:

In other words, Nebraska approved these products without evaluating whether they are safe.

This is not public health oversight. It is administrative acceptance.

Primary Nebraska Sources

The actions described above are grounded in Nebraska statute and the state’s own published registry. Readers can review the primary sources below.


The Registry Creates a Dangerous Illusion of Safety

The directory states that only products listed are “approved for sale.”

To the average consumer, that means:

That assumption is wrong — and dangerous.

Government approval language changes consumer behavior. It lowers perceived risk. It increases use. It normalizes products that federal regulators have explicitly warned against.

This is how harm spreads quietly.


Nebraska Is Contradicting Its Own Food & Drug Law

Nebraska already has a Food, Drug, and Cosmetic Act that prohibits:

By FDA standards — which Nebraska historically mirrors — kratom meets all of those criteria.

Instead of enforcing those protections, Nebraska carved out a special exception only for kratom, redefining legality through a registry rather than safety.

That creates a statutory contradiction:

That is not sound lawmaking. It is regulatory confusion.


We’ve Seen This Before — and It Never Ends Well

This is not new.

States once tried to “regulate”:

Each time, regulation preceded tragedy — not prevention.

Each time, the products were eventually banned after people were harmed.

Nebraska is repeating the same mistake, with a substance that:


Bottom Line

Nebraska’s kratom registry proves the problem.

The state is:

This is not consumer protection. It is regulatory laundering.


MAHA’s Call to Action

Nebraska lawmakers should act immediately to:

  1. Suspend the kratom product registry
  2. Repeal the Kratom Consumer Protection Act
  3. Align state law with FDA findings
  4. Ban the sale of kratom products entirely

Regulation did not make kratom safe. It only made it look official.

And that illusion puts families at risk.

Mothers Against Herbal Abuse will continue to document, expose, and challenge policies that trade public health for industry convenience.

Because “approved” should mean safe — not just listed.

Use MAHA’s directory to find your state contacts and take action: State Take Action

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