Kratom is a legally grey product
Several US states
have signed the Kratom Consumer Protection Act (KCPA) into law. The KCPA covers the production, sales, possession, and labelling requirements of kratom products. Many states are being lobbied to adopt the KCPA as a regulatory framework to handle kratom.
States where kratom is legal and regulated under the KCPA:
Key points within the KCPA:
- Production, sales, and distribution of adulterated, contaminated, or otherwise unsafe kratom products cannot be sold.
- Only individuals over the age of 18 can buy kratom.
- All kratom products need to be labeled.
- Kratom vendors cannot produce, import, or sell any kratom products that have more than 2% of 7-hydroxymitragynine content.
- Vendors must state the contents of any kratom product, the exact alkaloid content, and the origin of the product.
- Producing, selling, or distributing contaminated, adulterated, or otherwise unsafe kratom or kratom products leads to fines or incarceration.
The US Drug Enforcement Agency (DEA) has considered classifying kratom as a Schedule I drug. However, after a negative response from the public, researchers and legislators the DEA decided to delay their ruling and have classified it as a “drug of concern”, which means its currently not regulated but poses a risk to people abusing it (White CM. Pharmacologic and clinical assessment of kratom. Am J Health Syst Pharm. 2018;75(5):261-267. doi:10.2146/ajhp161035). A few states and cities have banned kratom. According to the Pew Research Center, kratom is illegal in Alabama, Arkansas, Indiana, Tennessee, Vermont, Wisconsin and the District of Columbia (Commissioner O of the. Press Announcements – Statement from FDA Commissioner Scott Gottlieb, M.D. on FDA advisory about deadly risks associated with kratom.
https://www.fda.gov/newsevents/newsroom/pressannouncements/ucm584970.htm. Accessed October 29, 2018.
Vestal C. As Kratom Use Surges, Some States Enact Bans. https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/12/04/as-kratom-use-surges-some-states-enact-bans. Published 2017. Accessed October 29, 2018)
Kratom has not been reviewed by Health Canada and is not authorized for sale.
Presently, Health Canada believes that Kratom has been shown to present potentially serious health hazards, and until such time as valid studies have been provided to support its safety under the recommended conditions for use, it would be illegal to sell in Canada.
Kratom has been banned in the UK since 2016. This ban states that kratom is illegal to supply, offer to supply, sell, produce, import, and export. Possess is still technically legal.
Countries Where Kratom is Banned or Restricted
- Republic of Ireland
- South Korea
- New Zealand