Kratom Consumer Protection Act

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!

AKA: The American Kratom Association And Why It Matters

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When you enter the world of Kratom, you’re entering a large and diverse community. There are people from all walks of life and all backgrounds that enjoy using Kratom, and that’s not going to change anytime soon!

Still, the position of Kratom in America is not yet solidified. While there are millions of people that use Kratom regularly, the misconception that Kratom is a dangerous substance still exists in many areas. That rumor has led to a number of media blitzes about the danger of the substance. How can these rumors be put to rest?

Like CBD which was once viewed as dangerous, Kratom needs a champion to lead the way to full legal protection. And that champion is going to be the American Kratom Association.

AKA: American Kratom Association

The American Kratom Association, also known as AKA, is an advocacy group that is working tirelessly to cement the legal and protected status of Kratom in America. From working on grassroots movements to working with state-level politicians to pass protection acts for Kratom users in each state, AKA is doing a lot of work to ensure that Kratom can be used in the USA.

The active leadership that AKA has committed to in the community is essential! They strive to make using Kratom a safe and legal activity in America, and they’ve done amazing work doing just that. Since their work began, they have revolutionized the way that the Kratom industry operates.

The Goals of AKA

According to AKA’s advocacy efforts sheet, their goal is to: “make natural kratom safe and to keep it available for millions of Americans who use it for health and wellness; manufacturers, wholesalers, and retailers whose livelihoods depend on a safe and robust market; and for scientific and research communities that are actively exploring its potential.”

Basically, the American Kratom Association wants to ensure that the government is going to continue to allow the sales of safe Kratom while simultaneously holding manufacturers accountable for the products that they are putting into consumer’s hands.

AKA’s Activities

How can the American Kratom Association make these things happen? The organization works with manufacturers, consumers, media, and government politicians to help ensure that the Kratom industry becomes a fair and safe place for consumers and manufacturers alike.

Specifically, AKA works in these areas:

  • • Helps vendor members learn to promote safety properly
  • • Engages with the US government to protect the safety and availability of Kratom
  • • Keeps an eye on all FDA, NIDA, and DEA policies that might incorrectly characterize the status and nature of Kratom
  • • Engages with the media and scientific community to promote accurate and thorough research about Kratom
  • • Shares all gained knowledge with the public
  • • Sponsors the Good Manufacturing Practices Standards Program to help vendors only sell high-quality and well-tested products to Kratom consumers in America
  • • Connects with the FDA about the need to set up a regulatory system for Kratom

As you can see from the list, the American Kratom Association is very active! Not only does their list of desired actions look good on paper, but their list of positive outcome events does, too! AKA has successfully set up its GMP program and also helped a number of policies be passed in states around the country to solidify Kratom’s legal status.

More About The GMP Program

We feel that AKA’s Good Manufacturing Practices Standards Program is one of the most exciting things that they have achieved. While some organizations might not want to report their testing results or to keep up with high-quality testing requirements, we believe that it is important to keep our consumers’ safety in mind while we sell our products.

The GMP program by the American Kratom Association is a set of standards and guidelines for Kratom vendors and manufacturers to be sure that they follow. These expectations help to ensure that all Kratom sold to consumers is safe. 

The GMP program is a voluntary program, but all reputable vendors of Kratom should have no issue joining up with this program. We find that the honesty of a company willing to join and show their test results is a great thing for consumers who need to be able to see this kind of transparency.

Why We Need AKA

Some people might not see the need for an organization like the American Kratom Association. After all, isn’t it up to the FDA and the government to determine what is and what is not safe?

While we agree that government organizations should play a role in deciding what is and what is not safe to use, we know that Kratom has a solid background. Unfortunately, several biased studies and dishonest media reports have tarnished Kratom’s image. Mistakenly linked to the opioid crisis, Kratom is at risk.

But Kratom itself is not an opioid, nor does it carry any of the risks of opioids! Kratom does partially bind to receptors in the body, but it works in very different ways than opioids do and thus should not be linked to the crisis.

Unfortunately, there are some organizations determined to continue to blame Kratom for things that are not true when Kratom is used and made correctly. An organization like AKA, then, is needed to ensure that Kratom consumers will able to continue safely and legally using Kratom.

Vendors Need AKA, Too

We get very frustrated when we see vendors out there that are selling unreliable or mislabeled products to the customers. Without complete regulation in all areas, however, there is nothing stopping vendors from being dishonest in their sales tactics.

For that reason, we believe that AKA is beneficial to vendors like us as well. Honest vendors should have no problem subscribing to what AKA is trying to do, and we believe that you should only shop from vendors that are going to put your safety first.

As you shop around for your next Kratom purchase, find out if the vendors that you are buying from are part of the GMP program. If they are not, you may want to reconsider where you are going to buy from unless you have some other proof of their safety practices.

The Trouble With Kratom: What We Can’t Tell You

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There are many who enjoy kratom on a regular basis but don’t know much about how it actually works. There are others who are curious about trying kratom for the first time, but they can’t find enough reliable information online to really feel confident using it. Why is it that this uncertainty exists around the subject of kratom?

Unfortunately, legality is a big part of why sellers like us cannot say more about kratom when we are marketing our products. While we know a lot about this botanical, how it works, and what it could do for you, we could be breaking the law if we weren’t careful about how we describe and market our product.

Understanding why things are set up like this can be confusing, but the situation doesn’t have to stay like this forever! That’s right; it is possible for this situation to change if the right types of time, money, and effort are put into the world.

Today, we’ll be sharing what we know about the rules that prevent kratom companies like us from discussing certain topics with consumers. Then, we’ll let you know what YOU can do to help this problem improve in the future of the kratom industry.

How The FDA Regulates “Claims” Marketing

There are tons of different rules and regulations that the Food and Drug Administration uses to help protect consumers in America from mislabeled or otherwise dangerous products. Like any other seller on the market, we are liable to follow these regulations. 

Generally speaking, the FDA recognizes two types of claims:

  • • Health claims
  • • Structure/function claims

What Are Health Claims?

Health claims are a type of claim that specifically links a substance to a disease or health-related condition. Health claims can only be used for drugs that have been approved by the FDA to treat diseases. 

In this type of claim, the product is marketed as a specific solution to a problem. For example, allergy eye drops are specifically formulated to contain some ingredients which soothe itchy eyes and are marketed as such. This would fall into the category of a health claim, and the claim would need to be pre-approved by the FDA before any marketing begins.

Saying that eating carrots helps maintain your sense of sight, however, would not be considered a health claim because it is not targeting a specific health condition. This is considered a structure/function claim.

What Are Structure/Function Claims?

The other type of claims that the FDA deals with frequently are the structure/function claims. These claims are more general and talk about how nutrients and ingredients can change or affects the body’s functions.

For example, saying that vitamin A helps improve vision is a structure/function claim.

These types of claims can be added to supplements in the US without any FDA pre-approval, but the information must be passed to the FDA within 30 days. Additionally, you must have substantial evidence to support your claim. Finally, disclaimers must be added to all packaging to let customers know that the FDA did not review the claims.

The Trouble With Kratom

Now that you have a little bit of background knowledge about how the FDA deals with drug and supplement related approvals, let’s talk about the trouble with kratom.

Kratom is not an FDA-approved drug, therefore it cannot use any health claims. What’s tricky is that the FDA also does not consider kratom to be a supplement, therefore structure/function claims are off limits too.

Vendors typically sell kratom as a dietary ingredient, a supplement, or a food, though the specific classification has changed over time and will likely continue to change into the future.

Health & Structure/Function Claims Do Not Apply

While you can use health claims or structure/function claims to market some drugs and supplements, the same cannot be said about kratom.

In the case of health claims, there is no FDA-supported evidence that kratom has any positive effects at this time. For that reason, the FDA will not pre-approve any statements about kratom to be used as health claims. 

In the case of kratom, structure/function claims are also prohibited. While the base compound found in kratom (mitragynine) has been shown to have effects on the body, there is not yet a solid baseline measurement for the body’s natural level. This means that comparing the function of kratom to the body’s normal function is impossible.

And for that reason, we as vendors become severely limited in what we can and cannot say about kratom!

Why We Think This Needs To Be Changed

Ideally, the day will come when we can legally describe the effects that kratom may have, like many other botanicals currently marketed as supplements. Unfortunately, there are a lot of barriers to making this happen.

Many vendors have lied, sold dangerous product, or otherwise caused problems within the kratom community over the years. Due to their irresponsibility, reliable vendors like us have to suffer from the negative perception that both members of the general public and the FDA have about kratom.

If the perception of kratom never changes, the bad vendors will never be held accountable, and consumers will be continually put at risk of buying a poorly made, unregulated product.

You Can Be The Change

While there are vendors like us and organizations like the American Kratom Association fighting for our rights to use kratom safely and freely, we can’t do it alone. To truly have an impact on how the kratom industry grows and changes in the future, we need all kratom lovers to join us in pushing back against negative perception.

There are a number of things that we would love for you to do to help us save the future of Kratom from becoming even messier than it already is:

With your help, we can ensure that kratom remains a safe and legal botanical to use as the years go by!

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, such as a dietary ingredient or a supplement. 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.

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.

Georgia State Senate Unanimously Approves Kratom Bill

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Another legislatively victory for the kratom community! The Georgia State Senate has unanimously passed the Kratom Consumer Protection Act, following its approval in the Georgia House by an overwhelming 164-1 vote. The bill now goes to the Governor’s office, to be signed into law.

The Kratom Consumer Protection Act will keep consumers safe from adulterated or mislabeled kratom products. It will also ensure the future of kratom by demanding that responsible, compliant vendors step up to lead the industry. We applaud the work of the American Kratom Association, organizing and educating in Georgia. Of course, this progress would not be possible without the political will and engagement of kratom consumers like you.

Phytoextractum is a proud supporter of the American Kratom Association, and we hope our customers will be too! Their important work is funded by donations and volunteer work from vendors and consumers. Please support the AKA however you are able!

Georgia Update from the AKA:

Georgia State Senate Unanimously Approves Kratom Bill

Utah Passes Kratom Consumer Protection Act

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We’ve just learned from the American Kratom Association that the Kratom Consumer Protection Act has been passed and signed into law in Utah! This important legislation will protect kratom consumers from adulterated, contaminated, and mislabeled products and will encourage a responsible and compliant kratom industry.

We are grateful to the AKA for their leadership on this issue and their diligence in educating Utah’s lawmakers about kratom, to the legislators who championed our cause, and to all the vendors and consumers who supported this effort on the ground in various ways.

Because of the Kratom Consumer Protection Act, consumers are safer – and so is kratom. Phytoextractum is proud to support the AKA’s important work and to be an AKA GMP Qualified Kratom Vendor. We encourage all kratom consumers to learn more about the AKA’s efforts and to support them however you can!

From the American Kratom Association: