The Kratom Consumer Protection Act

 

At Kratom Virtue we’re fully committed to finding and creating ways to help people locate safe and high-quality Kratom. There are many irresponsible Kratom merchants out there who adulterate their products or disregard proper handling and packaging processes. These risks are very evident and only work to create danger within the community and promote an appearance of irresponsibility within the industry. Therefore the American Kratom Association and the majority of reputable vendors are committed to doing our part to protect the Kratom consumer community from fly-by-night vendors and potential health risks.

This is the purpose the Kratom Consumer Protection Act serves – it is being promoted by the AKA for adoption in 21 additional states in the year 2020 to guarantee access, safety and quality to Kratom products. When the Act is approved and adopted in these states, it guarantees the Kratom consumers safety and access to quality product.

Kratom Consumer Protection Act

This Act is a part of a larger legislation that will allow customers to buy Kratom legally, while also protecting the Kratom community by banning adulterated and dangerous Kratom products that are available for sale today in an unregulated market. Currently Kratom is at serious risk because of the sale of unsafe and unregulated Kratom products in the market. The sale of these products could lead to many adverse effects that can even be life-threatening. The potential to expose ones self to potential health risk is very real in the Kratom industry today because of the lack of regulations or enforcement for processing Kratom tea leaves and Kratom powders. Because of this, the Kratom Consumer Protection Act is incredibly important because it requires the ban of all unsafe Kratom products on the market.

The key aspect of this act is that AKA has provided certain terms for the Act to be followed for the sale of quality, safe Kratom products. But this might change between different states and some might introduce new terms or amend the existing terms based on certain criteria. That said, there are few key aspects that will remain static and will include the following information on Kratom:

  • Kratom is defined accurately
  • Manufacturers and Kratom merchants must label products accurately according to specific requirements.
  • Bans the sale of certain unsafe Kratom products completely
  • Introduces certain penalties in case of any violations
  • Demands compulsory registration for the production of Kratom
  • Demands Agricultural standards to be met
  • Provides protocols to ensure that the Kratom is provided to market satisfies all requirements.
  • Protects customers purchasing Kratom for their well being. The permission for Kratom sale is only provided if the vendors share a sense of compassion and commitment towards the community.

States where the Act has been implemented

The Kratom Consumer Protection Act is being observed by the following states since the Federal Government has given the rights to the State for the regulation of sale and production of products like Kratom. Therefore, the Kratom Consumer Protection Act is planned to be lobbied in specific tactical states over the next few years with the intention of applying the same set of regulatory safety rules nationally. There are certain States that have adopted this Act already, but the Act might not be the same as proposed with minor changes applied by the State accordingly without changing the bedrock of it.

In Utah, it was passed on March 26, 2019. This is the first state where the Act was approved and adopted.

The legislation was passed in April on the 27th in Georgia. Georgia amended the existing clause and the State was quick enough to accept it and change the laws accordingly to protect consumer safety.

Arizona adopted this Act on May 1, 2019. Arizona was a surprise and passed the entirety of the act very quickly.

Oregon is targeted for 2020 and lobbyists have been retained. The Act should be adopted anytime. It is going to be voted on very soon.

Why is it important to advocate for the Kratom Consumer Protection Act?
The Act in itself can be intimidating and will alter the Kratom market through the removal of irresponsible merchants because of the strict additional regulations and enforcement. Many vendors might not like the idea of being governed because it will affect their income and operating costs. So why is it important to Support the Act? Because the Act primarily focuses on the safety of customers. Without regulations, irresponsible Kratom merchants cut corners on processing, quality control and safety testing to turn better profits. In addition to that, the lack of regulation might adversely affect the health of the customers who become victims of it.

Kratom has also been garnering some negative attention due to ‘adverse effects’ of Kratom…however, not all are aware that said side effects were caused by adulterated Kratom products. Some merchants willingly and knowingly put their customers at risk and the industry and product receives a bad reputation because of it. By following Good Manufacturing Process rules, Kratom can develop a positive reputation when it is proven that the plant is not harmful on its own.

For Kratom to remain legal altogether, it is important that these rules are adopted and embraced. With regulations from the Food and Agriculture department, the community can be grown into something stronger, making the customers and merchants confident about what they buy and sell. The industry will also get healthier so it is important that every Kratom merchant adopt the Act.

What is in store for the Future?
The efforts of the AKA in pushing this Act in these 21 states for 2020 must be supported by all vendors and consumers for the protection of the Kratom community as a whole but also for Kratom to remain legal and accessible in the years to come.

Kratom’s Current Legal Status

 

When people discover Kratom they are most often first curious about the Kratom benefits, then about Kratom legality or if they can buy kratom in their state.

The answer is generally yes, Kratom is legal, and there are no laws prohibiting selling Kratom or possession of it.

There are some exceptions to this rule though, as there are some folks who happen to live in one of the few states or cities where Kratom is restricted, or even illegal – as much as we would like to offer services to them we cannot as a law abiding Kratom merchant.

Where does that leave you? Is Kratom legal in your state? Read more to find out!

Kratom’s Current Legal Status in America: Is It Legal in My City/State?

As of 2020, Kratom’s Legal Status is very mixed. Currently six states have bans on Kratom by listing it as a controlled substance. It is illegal to sell or possess Kratom in these states. In addition to these states there are also some counties and even some municipalities that have restrictions on Kratom. There is usually pending legislation both for and against the legalization of Kratom so we recommend checking AKA’s resources to get the very latest status on Kratom legality in your location.

States where Kratom is currently illegal:

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

Counties and cities where Kratom is currently illegal:

  • Denver, Colorado (restricted as “not for human consumption”)
  • Jerseyville, Illinois
  • San Diego, California
  • Sarasota County, Florida
  • Union County, Mississippi

States with legalized regulation under the Kratom Consumer Protection Act (KCPA):

  • Arizona
  • Georgia
  • Nevada
  • Utah

States with Age Restrictions on Kratom:

  • New Hampshire: 18 years
  • Tennessee: 21 years
  • States with legalized restriction under the KCPA

The American Kratom Association has set a goal for 2020 of  securing passage of the KCPA in 21 states. Accomplishing that goal would bring 25 total states under consumer protection to make Kratom legal. Kratom Virtue fully supports these efforts and is actively working to keep Kratom legal.

Kratom’s Current Legal Status in the World: Is It Legal in My Country?

Because of the constantly shifting legal status of Kratom worldwide it is always best to check directly with the local government if you plan to ship Kratom or travel with Kratom. Kratom is banned or restricted in a number of countries, in some cases permanently and in others temporarily, often for politically motivated reasons. Due to the uncertain legality internationally, we’re currently unable to ship Kratom outside the continental U.S.

Countries where Kratom is currently illegal (or heavily regulated):

  • Austria
  • Australia
  • Denmark
  • Finland
  • Germany
  • Malaysia
  • Myanmar
  • New Zealand
  • Romania
  • Russia
  • South Korea
  • United Kingdom

What You Can Do

There are both positive and negative outlooks for the legality of Kratom and protection of Kratom consumers in 2020. Some states have new bills supporting the ban of Kratom while (many) others are considering adopting and enacting the KCPA. Generally when a bill is proposed to ban Kratom the American Kratom Association and the testimonies of Kratom consumers are able to strike it – but not always.

Visit the AKA’s website to learn more about how you can get involved with advocacy efforts for our favorite botanical!