Avoid jail time: Understanding Federal and State Regulations for Kratom.

Kratom laws should concern anyone that uses the supplement, regardless of their reason for its use. The regulations in the United States can seem confusing. The confusion may arise because of how federal and state agencies have previously handled the product. Changes to state laws continue, so it is helpful for consumers to have a basic understanding of the current regulations.  

Federal Government Takes Action

The DEA (Drug Enforcement Administration) announced in August of 2016 that kratom would become a Schedule I drug under federal classifications. The reclassification was meant as a temporary change as the agency researched the use and safety of the plant. 

The government may have been surprised by the public outcry after the announcement. Kratom advocates sent petitions, organized demonstrations, and called elected officials. The efforts of the advocates were a success. The DEA reversed their decision and the plant was not reclassified. 

In December of 2020, another U.S. federal agency asked for help from the public regarding the plant. The AHRQ (Agency for Healthcare Research and Quality) wanted to document any scientific information and user experiences with kratom. The submissions sent to the agency will become part of the study of the benefits of plant-based treatments for chronic pain.

Supporters Urge Regulation

State governments currently need to decide how they will regulate the use of kratom within their borders. Advocates for kratom use have encouraged the Kratom Consumer Protection Act (KCPA). The American Kratom Association was among the group that created the act. Supporters believe the KCPA will legitimize the product and boost its safety for consumers. 

The act recommends a formal definition of kratom, labeling requirements for anyone selling or making kratom products, and establishing penalties when vendors or others do not follow the requirements. Advocates for the KCPA also want the Department of Agriculture to create and enforce kratom regulations.

Some may wonder why supporters of legalized kratom would encourage regulations. Safety concerns and future legalization factor into the decision. A lack of regulation could mean unsafe or inaccurately labeled items reach consumers. Injuries from unsafe products could damage the reputation of kratom, and too many safety issues could stop future legalization.  

State Laws Vary

A few states have already passed the KCPA, according to an article from Sprout Health Group, and advocates hope the rest will do so soon. Kratom, however, remains Illegal for recreational, medicinal, and supplemental use in some states. The states where it is illegal include Arkansas, Indiana, and Rhode Island. Vermont and Wisconsin have also made the plant illegal to cultivate, transport, sell and use.

The laws of other states vary. Some states allow kratom use with no restrictions. Other states allow the use of the supplement but restrict its access to younger citizens. In Tennessee and Oregon, people must be at least 21 to use kratom legally. In New Hampshire, the legal age of use or possession is 18.

Even in the states that legalized the plant for all purposes, certain cities or counties within the state have regulations against kratom. Human consumption of kratom remains illegal in Denver despite Colorado allowing the product. San Diego remains the hold-out in California by not legalizing its use within the city limits.

Anyone that wants to buy kratom should research their state, county, and city laws beforehand to understand their rights in their area. 

Kratom safety should factor into any decision before consumers buy any related product. At Moon Kratom, we offer only the highest quality of kratom products available. Contact us or visit our website to learn more about our business and our inventory.

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