PUBLIC NOTICE

ORDINANCE OF JEFFERSON DAVIS COUNTY, MISSISSIPPI, MAKING
THE SALE OF NATURAL KRATOM UNLAWFUL WITHIN THE COUNTY

An Ordinance restricting the sale of natural Kratom products within Jefferson Davis County, Mississippi.

BE IT ORDAINED by the Board of Supervisors of Jefferson Davis County, Mississippi, as follows, to-wit:

WHEREAS, pursuant to Miss. Code Ann. Section 75-103-7, and other applicable Mississippi Law, the Board of Supervisors of the Jefferson Davis County, Mississippi, has the authority to regulate, ban, and/or restrict Kratom products within Jefferson Davis County, Mississippi;

WHEREAS, it has come to the attention of the Board of Supervisors of Jefferson Davis County, Mississippi, that Miss. Code Ann. Section 75-103-1 has been enacted by the Mississippi Legislature to effectively ban synthetic Kratom products, as defined therein, and to regulate the sale of therein permitted Kratom products within the State of Mississippi;

WHEREAS, the Board of Supervisors of Jefferson Davis County, Mississippi, for the protection of public health and the maintenance of order, desire, as contemplated above herein by the Mississippi Legislature, to wholly prohibit the sale of Kratom products that would otherwise be allowed under current Mississippi Law, such to apply throughout the unincorporated areas of Jefferson Davis County, Mississippi.

NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Jefferson Davis County, Mississippi, as follows, to-wit:

I. Definitions:

(a) “Kratom product” means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract regardless of whether or not such contains any synthesized kratom alkaloids, other kratom constituents, or synthesized metabolites of any kratom constituent;

(b) “Retailer” means a person or entity that sells or maintains products or that advertises, represents or holds itself out as selling, preparing or maintaining products and includes a store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, or food or drink company;

(c) “Wholesaler,” “jobber” or “distributor” means a person or entity doing a regularly organized wholesale or jobbing business, known to the trade as such, and selling products to licensed retail dealers or other wholesalers for resale in the regular course of business; and

(d) “Manufacturer” means a person or entity that produces, prepares, compounds or processes products. This includes any person or entity packaging, repackaging, labeling or re-labeling of products.

II. Prohibition:

A retailer, manufacturer, wholesaler, jobber and/or distributor shall not distribute or sell a kratom product to an individual or individual(s) regardless of their age, or to any entity.

III. Penalty:

(a) A retailer or agent of a retailer, wholesaler, jobber, distributor and/or manufacturer that sells or distributes kratom products, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) per violation; and

(b) This Ordinance shall be enforced by the Jefferson Davis County Sheriff, any Jefferson Davis County Deputy Sheriff, any Jefferson Davis County Constable, or other duly authorized official of Jefferson Davis County, Mississippi.

IV. Exception:

The provisions of this Ordinance shall not apply to the mere possession of any items defined herein, so long as said items are not offered for sale or transfer to another person or entity as prohibited above herein.

V. Severability:

If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and as such its invalidation shall not affect the validity of the remaining portions of the Ordinance.

Following discussion of this matter, Supervisor Barrett moved and Supervisor Holliman seconded a motion to enact the above Ordinance as stated therein, with the vote being unanimous in favor of enactment of the above Ordinance as stated therein :

Macon C. Holliman, Jr., Supervisor District One
/s Macon C. Holliman, Jr.
Ricky E. Barrett, Supervisor District Two:
/s Ricky E. Barrett
Demarrio Booth, Supervisor District Three:
/s Demarrio Booth
Michael O. Evans, Supervisor District Four:
/s Michael O. Evans
Jerry P. Gholar, Supervisor District Five:
/s Jerry P. Gholar

Dated: April 20, 2026

THEREFORE, NOTICE OF THE ABOVE ORDINANCE SHALL BE ADVERTISED IN THE PRENTISS HEADLIGHT, A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY, AND TAKE EFFECT THIRTY (30) DAYS AFTER THE DATE OF FIRST PUBLICATION:

/s Michael O. Evans
MICHAEL O. EVANS, PRESIDENT
ATTEST:

/s Bobby R. Rushing
BOBBY R. RUSHING, CHANCERY CLERK

Prentiss Headlight:
May 20 and 27, 2026
ORDINANCE/KRATOM