Mitragyna Speciosa, or better known as kratom, is a tropical tree that grows in Southeast Asia. Throughout centuries, this plant has been used for medical purposes. In its native regions, kratom has been popular for a long time. In the Western markets, however, kratom has only recently gained attention.
But, the plant also raised some serious questions, sparking the hot debate: is kratom legal?
This has divided people into two groups — those who believe in the therapeutical benefits of kratom and those who think that kratom is harmful. What’s the current legal state of this popular plant? Read on to find out.
Kratom Legality — Why Kratom Isn’t Legal Everywhere?
As we said, many people have recognized the potential health benefits that kratom provides. Some anecdotal evidence points to the plant’s potency in helping with pain management, anxiety management, stress reduction, mood elevation, energy boost, and more.
Even though kratom is widely used as a supplement and many people recognize its wide spectrum of benefits, the FDA hasn’t found solid evidence about its therapeutic effects. What is more, kratom also has a wide range of potential side effects which further damage its reputation with the FDA. Along with vomiting, nausea, itching, sweating, and appetite loss, some greater problems might stem out from chronic kratom use like unwanted weight loss, psychosis, constipation, hyperpigmentation, hallucinations, cardiotoxicity, and liver damage.
A Brief History of Kratom Legality
With the lack of clinical trials to prove kratom effects and the safety of using the plant, the DEA moved kratom to Schedule 1 status in 2016 after being regulated as an herbal product for years. Under Schedule 1 controlled substances are also heavy drugs like LSD and heroin. This move has sparked opposition by many kratom advocacy groups who claimed kratom is indeed beneficial.
Things escalated quickly as the advocacy groups started demonstrations and a march at the White House. Additionally, more than 130,000 signatures were collected as a petition to change the legal status of kratom and reconsider the ban.
The response came in and the solution was that the kratom ban would be temporarily lifted. These events attracted a lot of attention and gained a lot of news coverage.
The DEA urged the FDA to expedite their research about kratom and provide more definitive results regarding the potential benefits and daggers of kratom. Currently, kratom is considered to be a “drug of concern”
What’s the FDA Take on Kratom Legality?
Up until the present day, the US Food and Drug Administration still hasn’t found any conclusive evidence of approved uses. They further state that there have been some concerning reports regarding kratom legality which they are evaluating. The FDA still hasn’t approved kratom for medical use.
Can Kratom Be Fatal?
The reason why DEA decided to ban kratom in the first place was that it came to their attention that the poison control center had received over 660,000 calls between 2010 and 2015 about adverse reactions to kratom. While this might seem scary, it’s not, especially if you consider that in one year only, more than 20,000 people are dying from an opioid overdose.
Additionally, there were a few reports that implied kratom is lethal. But that’s just one side of the story. What you should know is that in most of these cases, there were either some serious underlying conditions or usage of heavy drugs. So, in short, kratom wasn’t the sole cause of death. Here it’s important to note that you shouldn’t mix kratom with any other substances (including herbal supplements, medications, and alcohol) before understanding how it interacts with them.
Kratom Overdose
While there isn’t hard evidence that kratom can be lethal, overdosing is possible. However, the kratom overdose symptoms are still not thoroughly studied. Anecdota evidence shows that the most common reactions that would indicate kratom overdose are nausea, drowsiness, irritability, agitation, high blood pressure, and rapid heartbeat. Psychosis and seizures are considered to be the more severe forms of a kratom overdose.
To avoid experiencing any adverse effects of kratom, you must be mindful of the dosage. Start small and gradually increase the doses as needed. Be aware of the reactions that kratom has on your body and mind and figure out how much you need to take.
Kratom Withdrawal and Addiction
Kratom acts on the opioid receptors on the brain and it’s considered to be a mild altering substance that carries a greater risk of developing dependence. Prolonged use of kratom might lead to addiction and cause withdrawal symptoms when you stop taking it. The severity of the symptoms will vary depending on the dosage and for how long were you taking it. Symptoms might range from a runny nose, muscle ache, and restlessness to diarrhea, mood swings, panic attacks, aggression, and psychosis.
Is Kratom Near Me Legal?
As we said, kratom is currently considered to be a drug of concern which means it’s not banned on a federal level. Still, several US states, have banned the usage and sale of kratom. Below it’s a breakdown of the states and counties in the US where kratom is considered illegal.
Alabama — Even though the DEA put a hold on the ban in 2016, the substance remains a Schedule 1 controlled substance in Alabama.
Arkansas — Kratom is illegal in Arkansas since 2016.
California — With the exception of San Diego, kratom is legal in California. Kratom has been illegal in San Diego since 2016.
Florida — Except for Sarasota County, kratom is legal in Florida.
Illinois — While legal on a state level in Illinois, the sale of kratom in Jerseyville is controlled. Selling kratom to minors is prohibited by law.
Indiana — Kratom was first banned in Indiana back in 2014. Then, kratom was mistakenly listed as a synthetic cannabinoid. Later on, the state amended to a Schedule 1 controlled substance.
Minnesota — As of 2018, minors are forbidden to use or sell kratom in Minnesota.
New Hampshire — People under the age of 18 are prohibited to use kratom. For adults, kratom is legal in New Hampshire.
Rhode Island — Kratom is currently illegal in Rhode Island. However, in the light of the new developments, a new bill could potentially lift the ban and instead, regulate kratom use and sale.
Tennessee — In Tennessee, kratom is a controlled substance and its use is considered illegal.
Vermont — In Vermont kratom is mistakenly labeled as a synthetic drug; therefore, it’s banned. As of 2020, however, there’s a pending bill that could lift the ban and decriminalize the herbal supplement.
Wisconsin — Wisconsin is another state where kratom is banned.
US State Which Had Attempted to Ban Kratom
In Georgia, there was an attempt to ban kratom but the bill that protects kratom use and sales passed so for now kratom remains legal in Georgia. Similarly, in Iowa and Oklahoma, kratom was almost banned back in 2014, as well as in Kentucky in 2016, but after public protests, the attempts failed.
One of the most recent attempts to ban kratom happened in Michigan in 2019 when a bill to classify the herbal as a Schedule 2 drug was introduced. The state is still reviewing the bill.
Another fairly new move to regulate kratom use and sale but also criminalize the manufacturing of adulterated kratom powder was made in 2019 in Oregon. Even though the AKA supported the bill, it failed.
New Jersey was yet another state that introduced a bill to ban kratom in 2015. After it failed, the bill was introduced again three years later and then once again in 2020. Currently, it’s under revision.
In New York, there’s an active bill to ban the sale of kratom to minors.
The bill to ban kratom in North Carolina failed due to harsh public reactions. In 2017, however, the state restricted the sale of kratom to minors.
Kratom Legality Outside the US
Outside the US, kratom legality is also a hot topic. Similarly like in the US, the legal status is different from country to country. Read on to find out what are countries have banned the use of kratom.
For now, kratom is banned for sale and use in Finland, Israel, Denmark Latvia, Lithuania, Poland, Romania, Russia, and Sweden. The plant is currently considered illegal even in some of its native regions like Myanmar and Malaysia. In Thailand, kratom is banned for recreational purposes but it’s allowed to be used for medical purposes.
Australia and New Zealand have also banned the use of kratom. New Zealand, however, allows using kratom with a doctor’s prescription. Kratom is illegal in Singapore, Japan, South Korea, and Vietnam.
In the UK, kratom is classified under the Psychoactive Substances Act and considered illegal. In some countries like Ireland and Italy, kratom legality might vary from one city to another so it’s important to get informed before buying kratom.
What’s Next?
Scientists have only scratched beneath the surface of kratom benefits. So, we need more in-depth studies that will ultimately prove kratom’s effectiveness. Only then, kratom might be regulated like other FDA-approved products and supplements.
The American Kratom Association plays a significant role in the attempts to pass the KCPA — Kratom Consumer Protection Act — a bill that aims to protect the kratom users while also allowing the industry to operate within set guidelines. This would ultimately make it easier for the FDA to approve kratom’s legality in the future.
The Takeaway
Kratom legality remains an issue. It’s a complicated topic that might take years until it’s resolved. For now, you must be cautious when using kratom. Another highly important note is to always buy kratom from trusted and reputable vendors to ensure you get pure, high-quality kratom.
At JustKratom Store, the team is dedicated to providing first-class products only. All kratom supplies are tested by third-party labs ensuring you get only the top-quality kratom powder and kratom capsules.