KCPA

State-by-State: Kratom Consumer Protection 2020 Predictions

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2019 was a year of many changes in the way that kratom is classified, treated, and regulated in America. Through the efforts of advocacy agencies like the American Kratom Association and their supporters, four states passed Kratom Consumer Protection Acts, which protect consumers in those regions.

In 2020, they want to do even more.

By the end of the year, the American Kratom Association hopes to have protection acts passed in 25 states, meaning that 21 states would need to pass acts this year to accomplish the goal.

Is it possible? What states are being targeted? Find out all of this, and more, in today’s looks at what AKA will be focusing on for the coming year.

What Is The KCPA?

The kratom industry does not have a lot of regulation, control, or guidelines. Most industries have a set of good manufacturing practices that all reliable vendors and producers follow. The kratom industry did not have any such practices until recently.

Now, the American Kratom Association, AKA, runs the Good Compliance Standards Program. This voluntary program helps to ensure that:

  • vendors are properly testing their products
  • labeling their items
  • ensuring that their products are as safe and high-quality as possible

With the KCPA, the American Kratom Association hopes to continue beyond that voluntary program to set up some official, state-backed guidelines.

The Kratom Consumer Protection Act is a sample set of guidelines and rules that were created as an example for state governments. Each state that AKA works with can adapt these guidelines to suit their state, but the general outline of what it should include is as follows:

  • Defines kratom
  • Registers products and vendors operating in the state
  • Restricts and requires specific labeling practices
  • Requires testing to reduce adulterated or contaminated product presence
  • Sets up a state regulatory system

There are many different things that could be added to this as well. Ultimately, it is up to the legislators and lawmakers in each state to determine what they believe will be most effective in their state.

Amount & Synthetic Restrictions

Ideally, the KCPA legislation will also touch on the amount and types of alkaloids that can be in a kratom product.

As you might know, kratom’s benefits come from the alkaloids found in the plant. Alkaloids can, however, be created synthetically.

The KCPA suggests banning synthetic alkaloids and also putting a limit on the total amount of 7-OH that can be in the product. 7-OH, aka 7-hydroxymitragynine, is a metabolite of the primary alkaloids found in kratom.

States Where KCPA Exists

The AKA has already been working with states to implement the KCPA for some time now. Through their efforts, some form of this protection act exists in:

Each of these states created their own version of the act, but the major components that will help to ensure that Americans can find safe, properly vetted kratom sources are underway in those areas.

States Where Kratom is Banned

Despite the best efforts of kratom advocacy groups, there are a few states where kratom bans have been passed.

Kratom is currently banned in these states:

  • Indiana
  • Vermont
  • Wisconsin
  • Alabama
  • Arkansas
  • Rhode Island

Though these outright bans are very real, AKA is planning to target four of these states during the 2020 goal stretch to reach 25 states with KCPA laws. The advocacy group believes that the bans in these areas are, at best, shaky with a lot of dissension. With some effort, the bans can be reversed.

Unfortunately, both Wisconsin and Arkansas do not have legislative sessions this year, but AKA plans to work with legislators and get things ready to be implemented in early 2021, if possible.

In Rhode Island, AKA has already had the opportunity to meet with a number of officials and scientists, so the process of attempting to overturn the kratom ban is already underway.

2020 Target States

These are the states that AKA will be targeting in 2020:

  • Tennessee
  • Mississippi
  • Florida
  • South Carolina
  • North Carolina
  • Virginia
  • West Virginia
  • Ohio
  • Pennsylvania
  • Oregon
  • Idaho
  • New York
  • Rhode Island
  • Wisconsin
  • Colorado
  • Kansas
  • Oklahoma
  • Missouri
  • Louisiana
  • Illinois
  • Michigan
  • Alabama
  • Arkansas

These states are the states where the AKA has already been working to lay the groundwork for the Kratom Consumer Protection Act to be implemented. The organization also took into account the amount of funding that they currently have available to put into the project.

The situation for all of these states is different, so AKA is handling a lot of moving parts. In some states, lobbyists are already working hard. In other states, funding and lobbyist efforts are needed to move forward with the goal.

Ultimately, it’s hard to say for certain if this goal will be completely achievable or not. When it comes to politics, a number of other issues could stand in the way and prevent a law from being passed until next year, but we firmly believe that a lot of progress in a positive direction will be made.

Want To Get Involved?

If you have any interest in getting involved in the advocacy efforts at your state or local level, you can do that! Ask around at your local kratom shop if there are any such groups working in the area or contact the AKA to find out where you could step in to lend a helping hand.

If you aren’t ready to get involved in a group but still want to support the efforts that are being made, you can do a few simple things:

  • Share your kratom stories on AKA’s website
  • Buy from vendors that support the GMP compliance program run by AKA
  • Send an email to your local or state officials letting them know of your opinion on any kratom-related legislation proposals

If we are to succeed in passing KCPA in all of these states in 2020, help is going to be necessary! Share your story; share your passion. With your help, the kratom industry can become safer than ever before.

How The Kratom Consumer Protection Act Affects You

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As kratom vendors, we feel that it is our responsibility to help ensure that you, our customers, get the best product possible. We’ve seen a lot of vendors that lie, exaggerate, and act dishonestly about the products that they offer. And that’s the last thing that we want to do.

There is a lack of regulation and control in the world of kratom. Regulation is an important step to ensuring consumer safety. While many kratom vendors are compliant with Good Manufacturing Practices and always have their products tested before selling them, there are some companies that would rather make a quick buck than guarantee the safety of their customers. 

Here at Phytoextractum, we do our best to put time, energy, and money into compliance and into supporting organizations and projects that we believe will make kratom safer and more widely accepted. 

Recently, we’ve been thrilled to see a few states adopt the Kratom Consumer Protection Act (KCPA), and we hope to see these bills spread across the entire country.

What is the Kratom Consumer Protection Act, and why do we think that it is a wonderful thing for vendors and consumers alike? Let’s explore this issue together.

Why Protection Is Needed

At this time, there are not many official regulations about kratom, kratom packaging, kratom sales, kratom processing, or any other aspect of the industry.

Usually, the rules about a product like kratom would depend on what category it is. Unfortunately, there is not even an official ruling about how kratom will be managed, so vendors are in the position of to marketing and selling kratom without clear guidelines to follow.

Unfortunately for the consumer and the industry at large, that has at times allowed not-so-good kratom to slip through and cause a lot of misunderstanding about the plant itself. Kratom can be a safe product when harvested, processed, and used properly, but not every vendor is in a position to do that on their own.

Most problems seen in the media about kratom today were caused by contaminated kratom that could have been kept off the market if vendors were given better guidance about testing requirements. Without changes, it’s possible that contaminated and adulterated kratom will continue to cause problems for both consumers and vendors alike.

For that reason, we believe that explicit consumer protections are absolutely necessary.

Buy Kratom online at Phytoextractum

Introducing The Kratom Consumer Protection Act

It’s time to meet the Kratom Consumer Protection Act.

This act is a set of guidelines that ensure consumers can safely and legally buy kratom in the form of consistent, reliable, and unadulterated products. The guidelines offer protections to kratom users while also giving guidance to vendors about the right ways to test, label, and market their products.

There is no reason that kratom vendors should be permitted to sell dangerous and contaminated products on the market, and these laws help to prevent that from happening.

Generally speaking, the guidelines of the act have included the following terms:

  • • Officially defines kratom
  • • Gives vendors and processors guidelines about how to label kratom with specific terminology and disclaimers
  • • Prevents the sale of adulterated or contaminated kratom products
  • • Establishes a penalty system for kratom vendors who break the rules
  • • Requires vendors to register themselves with state regulators
  • • Requires that each state set up testing standards and other procedures for kratom vendors and processors

When companies follow protocols such as these, kratom consumers can feel more safe and confident in their purchases. Additionally, the fear of kratom that has been caused by contaminated products will begin to disappear as the market is overtaken by safe and controlled products.

Who Created These Guidelines?

The Kratom Consumer Protection Act was conceptualized and put into motion by the AKA. AKA, the American Kratom Association, is an organization which advocates on behalf of kratom consumers and vendors. Their goal is to promote safe and legal kratom use. 

AKA is involved in many areas of Kratom advocacy. One of their most well-known initiatives is their compliance program, which tracks the testing progress of Kratom vendors. The program requires vendors to follow Good Manufacturing Practices, including lab testing policies to ensure their customers’ safety.

Here at Phytoextractum, we are fully in support of AKA’s work on the compliance program and the Kratom Consumer Protection Act! We are AKAA GMP Qualified, and we hope to help pass the KCPA here in Oregon.

States With Consumer Protection Laws About Kratom

Since the AKA first introduced the Kratom Consumer Protection Act at the beginning of this legislative session, it has been adopted in a number of states.

At this point, it’s important to understand that every state will need to pass this type of law individually because there is no federal law about kratom. Similar to cannabis, these laws will need to be passed on the state level until the federal government offers more guidance on regulating kratom.

Because of this, every state’s Kratom Consumer Protection Act may be slightly different. AKA has proposed the guidelines to many states in their original form, but state officials may alter them to fit the specific wants and need of their states and constituents.

At this time, these states have passed Kratom Consumer Protection Acts:

In Oregon, the bill has made it through the Senate Judiciary Committee and will be presented to the Joint Ways & Means Committee in the coming weeks for another vote before it reaches the chamber floor.

In addition to several states have passing the Kratom Consumer Protection Act so far, the federal government recently approved funding for more studies about kratom and its effects. We can only hope that the findings of these studies will help to pave the way for more open acceptance of kratom use for its many benefits.

The Future of Kratom Depends On The KCPA

Kratom is at a critical juncture in the United States. Due to some issues with misinformation and contaminated products, the FDA has been looking at kratom vendors and users with a critical eye. As huge proponents of the right to choose kratom, however, we know that that perception needs to change. 

In order to protect consumers and help change the mainstream opinion about kratom, laws like the Kratom Consumer Protection Act must be put into place. These regulations will help ensure that consumers are properly educated and protected while also keeping the industry alive for reputable vendors who care about compliance and their customers’ safety. 

In the end, these laws will be a win-win for everyone involved.