legislation

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!

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.