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Kratom Consumer Protection Act

KCPA in Oregon: The Latest News on This Active Bill

May 26, 2022 by Phyto

Phytoextractum has been thrilled to be part of changing the landscape of the Kratom industry across the US for the last few years. Recently, we’ve been working with Kratom advocacy organizations to help pass the Kratom Consumer Protection Act in Oregon.

If you’re familiar with Kratom news, you might remember that the Oregon state legislature previously passed a KCPA bill during the 2021 session only to have it vetoed at the Governor’s desk. This time, however, we’ll be able to see Oregon’s first official KCPA bill come to fruition.

Today, learn more about the KCPA bill in Oregon, what happened to the first iteration of the bill, and what’s going on with the current bill.

What is KCPA?

Are you unfamiliar with KCPA bills? Let’s do a quick review.

Known formally as Kratom Consumer Protection Acts, KCPA bills are bills created at the state level to provide guidance, regulation, and protections to everyone involved in the Kratom industry. From rules that protect consumers’ right to take Kratom to guidelines for Kratom processors to follow, KCPA ensures that Kratom is a safe, protected product.

KCPA bills also include a variety of testing rules for vendors and processors to ensure that consumers have safe access to Kratom. The combination of all of these rules is known simply as KCPA, and Kratom advocacy organizations are working across the country to help get these bills passed.

Without any of these protections in place, consumers cannot verify that the Kratom they purchase is safe and adequately tested. Additionally, processors and vendors have a hard time knowing exactly what they need to do to keep up with the latest best practices in the industry. Across the board, there is room for error in the entire industry without KCPA.

Why a Prior KCPA Bill in Oregon Didn’t Become Law

As mentioned above, the Oregon state legislature previously passed a version of a KCPA bill, but it ultimately did not become law. The state’s governor, Kate Brown, decided to veto the bill last year due to some areas that she felt were weak and had potential for issues for the state.

Specifically, Governor Brown was worried about which organization would be in charge of setting up the guidelines, regulations, and more for the Kratom industry. The original bill suggested that the Department of Agriculture would be responsible for this, just as they are for marijuana. However, the Governor disagreed with this choice.

This caused her to veto the bill. While we were unhappy with this development, we didn’t give up. We went back to work on adapting the bill to adjust for the Governor’s concerns. After working through her concerns with the Governor’s Office, the Oregon KCPA bill was redrafted and introduced in the House.

What’s Changed Since Then

Since then, we and other advocates of the KCPA bill in Oregon have considered the Governor’s input and worked on updating the guidelines to match her recommendations. The new version of OR HB4010 sets the Department of Revenue up as the regulatory agency, and previous critics have publicly supported this change.

Phytoextractum has been a critical backer of this bill for several legislative sessions, and we’re happy to be supporting other advocacy groups in getting these protections in place. Our public testimony on the importance of these regulations in the industry has played a significant role in getting KCPA moving in Oregon.

In fact, we’ve been working with these groups for more than five years in Oregon and other states to ensure that similar protections happen across the country. We want to see both Kratom processors and consumers be able to safely exist in the Kratom industry, and we believe that we’re on the right path to see that change.

Is KCPA in Oregon Now Law?

OR HB4010, also known as Oregon’s KCPA, was passed unanimously by the Oregon State Senate on March 2nd, after also passing unanimously in the House. Thankfully, Governor Brown was pleased with the changes made to the bill. She signed it into law on March 23rd, and this is a huge step for the Kratom community in Oregon.

Now, vendors and processors will be required to keep up with the latest rules and regulations set by the Department of Revenue, and a system to ensure the protection of products and consumers will be set into place in the coming months. These changes will be essential for the long-term preservation and success of the industry. We’re thrilled to see these things taking root.

The Kratom industry will reduce unregistered processors and untested products within the marketplace. Additionally, consumers will be able to purchase Kratom legally and confidently, which is a huge win for the Kratom industry in Oregon.

Ready to Advocate For Kratom?

Do you want to see similar protections in other states? Many states have not yet adopted any of these KCPA protections, and we are working every day to try to see these changes enacted nationwide. We’re fighting to prevent anti-Kratom laws from being enacted in some states. No matter where you are in the country, there is somewhere for you to get involved.

Ask around your local Kratom shop or visit the American Kratom Associations website today to find out how you can get involved. Join us on our mission to ensure that safe, legal Kratom remains legal across the US. Your testimony could make a huge difference in seeing KCPA protections spread across the country.

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Filed Under: Kratom Tagged With: advocacy, american kratom association, compliance, KCPA, Kratom Consumer Protection Act

Kratom Consumer Protection Act: Various State Updates

January 4, 2022 by Phyto

Over the last few years, we’ve provided our customers with updates about Kratom’s legal status and any related laws to keep you informed. Today, we’re back with another update about developments on Kratom Consumer Protection Act (KCPA) proposals in various states.

The Kratom Consumer Protection Act, also known as KCPA, are passed in some states to create structure and protections for consumers. These bills aim to ensure that Kratom is safe for consumers while being protected as a legal botanical.

Laws on Kratom change from year to year, but these are some of the latest developments as of January 2022. For the latest updates in your state, check your local news and state laws to determine if any changes have been made.

What KCPA Is (And Why We Need It)

Before we get into state-specific changes, let’s touch on what is generally included in KCPA legislation and why those things are essential. Every state will have its specific language, but some common points tend to be recommended by advocates in every state.

The Kratom Consumer Protection Act is a bill that sets up specific guidelines for a Kratom marketplace, including safety guidelines for how the product should be labeled and sold. Since the FDA does not regulate Kratom or want to do so, KCPA laws ensure that the industry is operating safely and effectively so that consumers can have a reliable experience with these products.

KCPA bills are important so that Kratom lovers aren’t left to buy their products in an unregulated industry. Though reliable sellers like our team here at Phytoextractum do our best to ensure our products are adequately tested, packaged, and sold, not all vendors hold themselves to the same standard. KCPA rules set up those requirements.

KCPA Updates: States Where Kratom Rules Are Changing

Original States With Established KCPA Rules

Through the work of advocacy organizations such as the American Kratom Association, KCPA bills have been passed in the following four states:

  • • Georgia
  • • Utah
  • • Nevada
  • • Arizona

The process of implementing the standards in the KCPA has been particularly interesting in Utah as this is one of the states where the process has been most clearly documented from start to finish. The Utah Department of Agriculture is partnering with the American Kratom Association to establish this process.

New Addition: Oklahoma

In May of 2021, Oklahoma became the fifth US state to officially pass KCPA legislation. The bill, known as HB2846, ensures that vendors must disclose specific information when packaging and selling Kratom. Additionally, the bill provides protections for Kratom consumers in the state.

This marks a significant accomplishment for Kratom advocates across the country. It takes a long time to get an act like KCPA through the state legislature, any necessary revisions, and then finally, voted on. The bill was passed in March 2020 but was just signed into law in early 2021 by the state governor. Now, it will need to be implemented across the state. 

States With Bills In Progress

In addition to states where KCPA bills have been completely passed through the state legislature, there are also several states where bills have been proposed and are being moved through the legislative process.

Each of these states has a different ongoing situation, and whether or not the bills will ultimately be passed cannot be predicted. However, advocates in each of these states feel confident that they will be able to see KCPA bills passed in the near future.

Oregon: Trying Again After Governor’s Veto

HB4013 was passed through our state’s House and Senate in 2021, unanimously in the former chamber and nearly unanimously in the latter. Oregon’s governor was expected to sign the bill but had a differing idea of which agency would regulate the Kratom program. After working with the governor and legislators to develop a satisfactory draft bill, advocates – including us! – are optimistic that the bill will be passed and signed during the 2022 session.

Missouri: Pending Senate Action

Proposed KCPA measures in Missouri passed through the state’s House legislature in 2020 but died in the Senate. It is being reintroduced this session, and if passed, we can expect to see KCPA measures signed into law in late 2022 by the Missouri governor.

Kansas: Pending State Action

While a KCPA bill passed through one committee unanimously in early 2020, there has yet to be any movement on advancing the bill further. Advocates in the state are working with politicians to see when and how the bill may proceed.

Defeated Bans

Another interesting category to take a closer look at is the defeated bans category. In many states, there have been attempts to ban Kratom at the state level. These bans are often contested by advocates, and in some states, the bans are completely defeated. States where this reversal has occurred include:

  • • Florida
  • • Maine
  • • New York
  • • Ohio
  • • Kentucky
  • • Virginia
  • • ….. and many more!

Even in states where some type of ban exists, advocates are working closely with legislatures to replace those bans with KCPA bills with great success. As these bills are drawn up and the general public becomes more educated about what it takes for Kratom to exist on the marketplace safely, we can expect to see more bans reversed or removed entirely.

Will We Ever See A Federal KCPA?

Many invested in the future of the Kratom industry wonder if we will ever see something like a federal Kratom Consumer Protect Act implemented. Even though there have been some attempts to implement this type of legislation, the history of substance-related laws in the U.S. makes it a complicated issue.

Even substances that are legal to use at the federal level, such as alcohol, are regulated at the state level. That is why different states have varying laws about where and when liquor can be purchased. If a federal Kratom law is implemented to make it legal on a national scale, bills to set up the specific rules, guidelines, and labeling practices would still be likely to fall to the states to set up.

That is why it is helpful for advocacy organizations to work towards setting up these KCPA bills in as many states as possible, even if the ultimate goal for many is to see Kratom nationally legalized. The standards established will still benefit the community as a whole.

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Filed Under: Kratom Tagged With: advocacy, american kratom association, compliance, GMP, KCPA, Kratom Consumer Protection Act

All About GMP (And How It Protects Kratom Consumers Like You)

October 6, 2021 by Phyto

Every industry has manufacturing practices that companies in the industry are expected to follow. These practices are in place not only to keep the workers in each company safe but also to ensure that consumers are always receiving a safe and reliable product.

Without standards, there would be no way for consumers to feel confident that they are buying a safe, well-tested product.

Before the GMP program was established by the American Kratom Association, these standards were practically nonexistent across the industry. While individual vendors like us here at Phytoextractum had their own rules about testing and standards, they were not consistent between vendors.

Let’s find out what the GMP program consists of, why it is so important, and how we can continue to ensure that these practices continue to protect consumers and companies in the Kratom industry for decades to come.

What Is The GMP Program?

The GMP Program is a Kratom-specific program that was established by the American Kratom Association as an attempt to coordinate and normalize safe manufacturing practices among various Kratom vendors.

GMP, which stands for Good Manufacturing Practices, is a program that sets up a certain standard, and Kratom vendors have to prove that they are meeting these standards in order to be certified. Then, they must continue to prove that they follow the program’s guidelines each year if they want to continue to be certified by the GMP program for safety compliance.

GMP Program Requirements

The complete guidelines of the program can be found on the American Kratom Association’s website, but these are some of the most important general requirements:

  • ➡ Specific labeling guidelines which may not include certain claims
  • ➡ Safe operating procedures in regards to sick workers
  • ➡ Written procedures in place for all shipping reception and processing
  • ➡ Batch testing and record-keeping
  • ➡ Complete supply chain record-keeping
  • ➡ Restrictions on marketing practices

With guidelines like these, the program helps to support vendors to be as safe as possible when working with Kratom processing, sales, and marketing. It’s part of the responsibility of vendors to upkeep a level of safety for consumers, and this program helps do just that.

Why Is The GMP Program Necessary?

As you may or may not know, Kratom has a somewhat confusing legal status in America. Like most substances, the final call about the legality of Kratom exists at the state-by-state level. While this type of decision making is common, the differences between regulations in each state mean that negligent vendors can sell untested Kratom.

Untested Kratom could be very dangerous for consumers, and consumers getting sick from their Kratom is not OK! Additionally, cases of bad Kratom batches making it to the market weaken the case for Kratom as a safe substance to use. Some in the federal government have already made their skepticism of Kratom known, and problematic cases due to messy testing will only make that worse.

The GMP program accomplishes a few major fixes within the industry:

  • ➡ Sets up testing protocol
  • ➡ Sets up guidelines that are specific to the Kratom industry
  • ➡ Sets up a standard that can be checked and improved as needed
  • ➡ Gives consumers peace of mind when choosing their vendor
  • ➡ Protects consumers from untested product
  • ➡ Educates manufacturers, vendors, and consumers about safe Kratom

All successful industries have a type of manufacturing standards that are expected to be followed, and the GMP program creates those standards for the Kratom industry. Vendors that choose to participate are helping to improve the overall industry.

How GMP Protects Consumers

Before the GMP program existed, some vendors were doing their best to make sure that Kratom was tested properly. Limited knowledge and the lack of a clear procedure path, however, led even well-meaning Kratom vendors to sell questionable products.

Consumers, however, had no way of knowing if the Kratom that they were purchasing could be trusted or not. There was no impartial way to judge the different vendors when shopping around, and that led to stress and safety issues.

With the GMP program in place, it is possible for consumers to look at the list of GMP participants and then decide where they would like to shop.

Additionally, the GMP program helps all Kratom vendors become educated about the best practices for Kratom. Even if consumers know nothing about the program, they are still being protected as vendors work to make sure their products are as safe as possible.

Phytoextractum’s Commitment To GMP

Here at Phytoextractum, we are very committed to the GMP program!

Without it, we feel that the overall Kratom industry would not be nearly as safe as it is today. The structure, direction, and guidelines that it provides to vendors of all sizes make it possible to identify risk factors and eliminate them.

We know that there are dangers associated with untested and low-quality Kratom, and we can see how the GMP program reduces the risks those have for all Kratom consumers. 

That is why we are proud to be compliant, certified members of the GMP program and plan to continue endorsing this program for the foreseeable future.

How To Shop For GMP Compliant Kratom

Are you interested in making sure that you shop for GMP-compliant Kratom in the future? That’s great; we’re glad that you see the importance of putting quality before price.

We’re happy to offer a great variety of well-priced (and well-tested) Kratom here in our shop, but we also know that we might not have everything that you are looking for.

Here is what we recommend doing to ensure that you are shopping from GMP-compliant vendors:

  • ➡ Bookmark this list on the AKA website of GMP certified vendors
  • ➡ Shop around to find a few vendors that you are interested in buying from
  • ➡ Check to see if the vendor is on the list
  • ➡ If they are, shop away!

If you plan to shop locally, you can save this list to your phone and then check the products that are available in-store to choose your next batch of Kratom. Chances are pretty good that your local vendor already vets what they stock, but you can never be too careful.

By taking this simple extra step, you can protect yourself and the Kratom industry. And for that, we thank you!

Filed Under: Kratom Tagged With: advocacy, american kratom association, compliance, GMP, KCPA, Kratom Consumer Protection Act, quality assurance

Advocating For Kratom In Pandemic Times: How You Can Help

August 27, 2020 by Phyto

Phytoextractum has long prioritized the treatment of kratom on the political and social level in America. Using kratom legally and easily in America has been a problem for decades as the policies surrounding its use are constantly evolving. We feel it is important to continue to be involved in pro-kratom advocacy efforts to ensure that our customers can continue to safely access kratom.

However, many of the traditional routes for advocacy in America have been changing in recent months due to the ongoing COVID-19 pandemic. As the spread has affected how groups can meet with politicians and other important advocacy resources, the fight for kratom protections is forever changed.

What can you still do to ensure that kratom advocacy can continue with gusto despite the pandemic? Let’s find out together.

Goals of Kratom Advocacy in 2020

Though the world has changed a lot, the ultimate goals for kratom advocacy by large groups like the American Kratom Association continue to be the same today as they were before:

  • Pass KCPA laws in states where no kratom protections exist
  • Continue to enroll vendors in the GMP compliance program
  • Ensure vendors are testing their products properly
  • Set up more third-party independent testing
  • Educating consumers about how to buy kratom safely

COVID-19 & Advocacy

How exactly has the COVID-19 pandemic changed the way that kratom advocacy works in 2020?

Fewer Political Meetings and Legislative Sessions

The thing that has probably had the biggest effect on kratom advocacy is the simple fact that most politicians, legislators, and local leaders are not meeting as frequently with advocacy groups. This is due to the strict social distancing requirements needed to slow the pandemic spread, but it is causing a variety of side effects.

Earlier this year, AKA expected to move forward with KCPA proposals in more than 20 states, but many of those states have had to push back the review of such proposals until next year. While this is understandable, it presents a big roadblock for kratom advocacy.

Other Issues Take Priority

Once sessions do resume, it is to be expected that other issues such as health and budgets will take priority before any outside proposals, such as KCPA protections, are able to be brought up, discussed, and voted on. To keep these proposals relevant, advocacy groups like AKA are going to have to work overtime to ensure that they do not get passed over in the confusion that is 2020.

Misinformation

Another problem at this time is misinformation that is being spread by counter-kratom organizations in some regions, particularly in local jurisdictions. Typically, advocacy groups would fan out to try to address this misinformation in real-time, but that is not always possible due to the pandemic, so it has fallen to local citizens to argue for their right to use kratom safely and legally.

How Kratom Lovers Can Help

Are you worried about the future of kratom? Do you want to make sure that it is still both safe and legal to keep using kratom for years to come? If so, it is time to see what you can do to get involved in kratom advocacy efforts. Getting involved in 2020 might look a little different than it did in 2019, but there are still a lot of ways that you can make a difference.

Support the American Kratom Association

We’ve supported the efforts of the American Kratom Association (AKA) for years, and we plan to continue to do so for years to come. It’s not just organizations or businesses like us like that can get involved; you can also get directly involved in their efforts to make things better.

If you visit the AKA website, you can find more about many ways to get involved:

  • Join the AKA forums to discuss and interact with ongoing issues
  • Read the latest updates about kratom legislative actions
  • Find out if any initiatives are ongoing in your state
  • Join the Kratom Advocacy Council to be a more direct helper
  • Donate to support their efforts

Even if you just use AKA to become better informed about the issues that are affecting the kratom community at large, you will be making a difference in the way that kratom is perceived and received in society.

Contact Your Legislators

While AKA and similar advocacy groups can do a lot by working with legislators and local leaders to change the way that kratom is treated, their efforts only mean so much if there aren’t also local residents sharing their views on kratom as well. Legislators are far more likely to support a movement if they know that their constituents are in support of the movement, so using your voice in favor of Kratom in your community can make a huge difference.

Contact your local, state, and national representatives to share your opinion as much as possible. Pay attention to what issues they are voting on and how they are voting. Send letters and emails to explain your support or dissent with various opinions. Doing these things does not take a lot of time, but it does make a huge difference.

Get Educated

Finally, one of the most important things that you can do is to get educated about kratom and current kratom science. Not only does having this information benefit you, but it also makes it possible to refute misinformation publicly whenever you come across it. Having knowledge is power, and that is why we have a complete resources blog to help share what we know with our customers!

Phytoextractum

We want to protect kratom and kratom lovers now and for many years to come, and that is why we have always prioritized ensuring that our standards and processes are held to the highest degree of safety rules. We want to see that become the standard across the entire kratom industry, and that is why we support the work that kratom advocacy groups are doing.

In light of the COVID-19 pandemic, advocacy has taken on new forms, but it is still just as important as it ever was.

Filed Under: Kratom Tagged With: advocacy, american kratom association, coronavirus, covid-19, KCPA, kratom, Kratom Consumer Protection Act, legislation, making laws

State-by-State: Kratom Consumer Protection 2020 Predictions

January 7, 2020 by Phyto

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:

  • Nevada
  • Utah
  • Arizona
  • Georgia

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.

Filed Under: Kratom Tagged With: accreditation, advocacy, AKA, american kratom association, citizenship, consumer protections, GMP, Good Manufacturing Practices, KCPA, Kratom Consumer Protection Act, kratom regulation, lab testing, legislation, lobbying, quality assurance, state laws

Kratom’s Evolving Legal Status

December 17, 2019 by Phyto

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.


Is Kratom Legal Where I Live?

As of 2020, 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.

Please refer to the below map for a quick visual guide to where Kratom is legal in the United States.

States Where Kratom Is Banned:

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

Localities Where Kratom Is Banned:

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.

Buy Kratom online at Phytoextractum

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 educate and 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!

Filed Under: Kratom Tagged With: advocacy, AKA, alkaloids, american kratom association, ban, international, kratom, Kratom Consumer Protection Act, legality, legislation, mitragyna speciosa, states

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