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Kratom Update: Removed From “Narcotics List” In Thailand

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It’s both very cool and very scary that the laws about kratom in this country and around the world are changing rapidly. On the one hand, bans are being enacted in some areas where negative propaganda has outweighed kratom support. On the other hand, positive changes are also happening almost every day.

In late December, representatives of Thailand’s government made it known that kratom will be formally removed from the narcotics list in Thailand in the near future.

If you know anything about where kratom comes from or the history of kratom laws in Thailand, you know that’s a pretty big deal. Let’s talk about why this matters, what exactly is changing, and how we can expect those changes to effect kratom use in the USA.

The Big Changes

A few major things have happened in Thailand:

  1. 1. Thailand’s National Legislative Assembly has voted (166 – 0) to legalize medical marijuana.
  2. 2. They also agreed to change the way that the National Narcotics Control Committee is set up.
  3. 3. Thailand’s Health and Justice Ministers wrote a memorandum advocating for the removal of both kratom and cannabis from the National Narcotics List and set them up for medical usage.

Each of these three changes has to go through the government before they are fully enacted, but change is on the horizon.

Let’s talk about each of these changes briefly, and then we’ll go into more detail about the kratom changes.

#1: Legalize Medical Marijuana

Medical marijuana was passed through the National Assembly with overwhelming support. It will take some time for the logistics of how medical marijuana will be managed, so it is not expected for this law to change on paper for a few more months.

In Thailand, laws are not usually considered active until they are published in the national gazette.

At this time, it is also not clear if the current punishments for possession or use of marijuana outside of medical usage. Currently, the punishment in Thailand for this type of possession is very severe, so it will be interesting to see if that changes.

#2: Narcotics Control Committee

The Narcotics Control Committee is the organization in Thailand that controls the punishments, laws, and scheduled narcotics list in Thailand. This organization has faced some scrutinization over time, so the structure of it will be changing.

#3: Memorandum For Kratom Removal

Thailand’s government has started the process of removing kratom and marijuana from the national narcotics list. The memorandum states that these substances should be moved into a controlled and regulated industry as they will have a lot of benefits for Thai people as well as the economy.

Now that the memorandum is in action, the next step will be for the National Legislative Assembly to vote on this change. The minister has suggested that the bill will be voted on by that group in March. If it passes, it will take a few more months for it to go into effect.

 When it is passed, companies will be able to start researching kratom, those with medical permission will be able to take kratom, and doctors will be able to use it to help patients as well.

Medical Changes First

It’s important to point out that these changes are aimed at only medical uses for both marijuana and kratom at this time. It is not expected for Thailand to completely legalize the use of either substance any time soon.

Think about the process that has been going on in the United States to legalize cannabis. First, limited medical usage was approved. Then, that usage was expanded in some states to be for recreational use as well. Now, it seems that the entire country is on the path for full legalization.

Should Thailand decide to fully decriminalize and legalize either of these substances, the process will likely go through a similar, gradual transition.

Thailand’s government has not yet set up the process for medical usage of either substance. However, some hospitals are already able to provide them for patient use.

A Changing Worldview

In the past, substances like marijuana and kratom were placed on the narcotics list for a variety of reasons. Still, the main reason was heavy opioid usage and the desire to cut down on any potential drug problems in the country.

These days, more research has been done about substances such as marijuana and kratom. The Thai government believes the research suggests beneficial effects. The government is seeing that changing the laws might be appropriate to reflect the science.

Another huge factor that is moving this idea along in Thailand is the idea that it could be great for the economy. Kratom production is severely regulated around the world, and the supply stream is dwindling. In Indonesia, for example, all kratom farms are being required to close in the next five years.

If Thailand were to start producing kratom and allow its sale internationally, it could secure a large boost for its economy. While nothing has yet been decided about whether or not kratom farming and processing will be permitted, it’s likely something that the government will consider.

Will This Affect Kratom In The US?

Most people that are using kratom and living in the US are going to be most curious about how these changes might affect them.

Ultimately, there are a few different ways that these changes could affect us here in the states. At this point, all of this is speculation, so keep that in mind. It will take a few months to know if any direct or waterfall effects occur here after these laws are made official.

First, it is possible that this change in Thailand’s laws will make it even more difficult for the FDA to push through an outright ban on kratom. Currently, the FDA often cites the fact that kratom is considered a narcotic in Thailand, where it grows wild. Once kratom is treated differently in Thailand, kratom might stand a better chance here, too.

Second, the change in laws about kratom in Thailand may make it easier for researchers to access and study kratom as it grows in the wild as well as in controlled settings.

Frequently, kratom is written off because people don’t believe that enough research about it has been done. While the research done about kratom is actually fairly extensive, more research is always beneficial when trying to prove the safety and usefulness of a botanical like kratom.

Kratom’s Evolving Legal Status

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Please note: The information provided in this post does not, and is not intended to, constitute legal advice; rather, all information and content referenced in this post are for general informational purposes only.  This post may not contain the most up-to-date legal or other information. We encourage you to do your own thorough research to verify information and to check your local laws and regulations if you have questions about kratom’s legality in your area.

Local, federal, and international laws pertaining to kratom are constantly evolving. Here in the United States, the Food and Drug Administration (FDA) has put forth a great deal of misinformation in an effort to ban the plant, while organizations like the American Kratom Association (AKA), along with consumers, scientists, and other advocates work hard to ensure safe and legal access to this important botanical.

Laws change regularly, but we’ve gathered the most recent information about kratom’s legal status so you can educate yourself and advocate for kratom.

Kratom in the U.S.: Is It Legal in My State?

As of 2019, six states have banned kratom by listing it as a controlled substance. Kratom cannot be consumed, sold, or grown in these states. A few localities – cities and counties – have also made kratom illegal. Because new laws are enacted each year, it’s helpful to use the AKA’s resources to keep track of kratom’s legal status in your state.

States with Kratom Bans:

Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin

Localities with Kratom Bans:

Jerseyville, Illinois; San Diego, California; Sarasota County, Florida; Union County, Mississippi; Denver, Colorado (not illegal, but “not for human consumption”)

States with the Kratom Consumer Protection Act (KCPA):

Arizona, Georgia, Nevada, Utah

States with Age Restrictions:

New Hampshire: 18 and older; Tennessee: 21 and older; all states with KCPA

The American Kratom Association is currently working in over a dozen states to further enact the KCPA. This legislation would ensure both consumer safety and the legality of the kratom industry in states where it passes. Phyto wholeheartedly supports these efforts and is proud to work with the AKA to keep kratom legal.

Kratom Around the World: Is It Legal in My Country?

It is sometimes difficult to figure out kratom’s legal status in other countries because laws change on a regular basis. We try to stay current on international law, but we do not ship kratom internationally because of uncertainty around its status in some areas.

It’s always a good idea to do your own research before traveling abroad; look into local laws where you’re going, or check Reddit for answers to your international kratom questions.

Africa:
It’s not easy to find information about kratom’s legal status in Africa. We have learned that it is legal in South Africa but not widely used or even known.

Americas:
Canada’s laws are similar to Denver’s (above), where kratom is “not for human consumption.” You may find kratom described as plant matter, incense, or other vague terms. Kratom is legal in North and Central Latin America, as well as in South America. It’s not illegal in these places, but it’s also not very popular or easy to find.

Asia:
Kratom is banned in Israel, Japan, Myanmar, Malaysia, Singapore, South Korea, and Vietnam. It is legal in Hong Kong, but information kratom in China is limited.

In Thailand, kratom had been illegal since 1943, but this has recently changed. This month, the Thai government removed both kratom and cannabis from the country’s list of controlled substances, stating that these botanicals did not meet the World Health Organization’s criteria for narcotics.

Indonesia, where much of the kratom in the west is grown, is currently considering a ban on kratom exports. The American Kratom Association is working to educate the Indonesian government in an effort to impact this potential ban.

Europe:
Kratom is illegal across the board in Denmark, Finland, Latvia, Lithuania, Poland, Romania, Russia and Sweden. Due to changing laws, you should check local legislation for information about Ireland, Italy, and United Kingdom.

Oceania: Australia & New Zealand
Kratom is completely banned in Australia. It is a Schedule 1 substance in New Zealand, so it’s basically illegal. In some localities it may be prescribed by a doctor.

How You Can Help

We’ve seen some exciting developments internationally, and we are eager to continue the kratom conversation on a world-wide scale. While there is some concern that Indonesia may implement a ban on kratom exports, there’s also great news in Thailand removing kratom from its list of banned substances.

Here in the US, we should always be ready to advocate for kratom, especially as legislative sessions get going in early 2020. AKA has a solid plan in place to keep kratom legal on both the state and federal levels, and we support their work as much as possible.

Visit the AKA’s website to learn more about how you can get involved with advocacy efforts for our favorite botanical!

Potential Scheduling & Kratom Ban in Indonesia

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The American Kratom Association recently learned that the Indonesian government, through the Minister of Health, has made a proposal that would categorize kratom as a Schedule I drug. If enacted, this policy would ban kratom exports to the United States, essentially cutting off an important supply chain for American kratom companies and consumers.

The AKA, along with the Botanical Education Alliance and support from vendors like us, has assembled a delegation of lawmakers, policy experts, and scientists to go to Indonesia and meet with high-ranking government officials there. They will make the case, from a policy, science, and economic perspective, that Indonesia should not embark upon this course of action.

Members of the delegation include former Congressman Matt Salmon (a key supporter in 2016 with extensive foreign relations experience in Southeast Asia), Utah State Senator Bramble (sponsor of Utah’s Kratom Consumer Protection Act and chair of the National Conference of State Legislators Foundation International Committee), and kratom researcher Dr. Jack Henningfield. They will be meeting with Indonesia’s Ministry of Health and the Indonesian equivalent of the DEA, as well as with Indonesian kratom growers.

This is a critical moment for the US kratom industry and for kratom consumers everywhere. Please consider a donation to the American Kratom Association to support their delegation’s trip to Indonesia. Your donations are greatly appreciated!

Donate to the AKA today!