IS KRATOM LEGAL?
Kratom is Federally legal in the United States.
At the state level, there are bans on kratom in Wisconsin, Indiana, Arkansas, Alabama, Vermont, and Rhode Island. This means in 44 out of 50 states kratom IS legal.
There are a couple cities and counties that also have bans including San Diego City (not county), Oceanside, and Sarasota County Florida.
The Controlled Substance Act (CSA) requires an 8-Factor Analysis when determining the scheduling of a substance. Below is Pinney Associates’ review of kratom using the CSA 8-Factors Analysis:
In the USA, there is significant effort at the state level to pass the Kratom Consumer Protection Act (KCPA). The KCPA makes kratom legal as long as it follows common sense regulations and rules. Various states have already passed the KCPA (read on below).
Throughout the world, kratom is mostly legal except for the following countries: Belarus, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Norway, Poland, Romania, Russia, Slovenia, Switzerland, Turkey, and the United Kingdom.
Kratom Legality is everchanging. Kratom News/Updates Below:
ETHA Natural Botanicals is proud to be a part of this group of Kratom Industry Business Leaders committed to self-regulation and adherence to manufacturing standards and best practices.
Kratom Consumer Protection Act (KCPA)
The KCPA has passed in 11 states: Oregon, Colorado, Utah, Georgia, Arizona, Nevada, Missouri, West Virginia, and Virginia, Texas and Florida. The American Kratom Association (AKA) has laid the groundwork for similar KCPA bills in the following states: Idaho, Kansas, Illinois, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, South Carolina, North Carolina, Pennsylvania, New Jersey, Rhode Island, New York, Ohio, Michigan, and Wisconsin. The Kratom Consumer Protection Act is also being targeted for federal passage.
NOVEMBER 15, 2023:
Public Safety and Livable Neighborhoods Committee Meeting: Legalize Sale of Kratom in City of San Diego
On November 15th, 2023 the city of San Diego held a hearing, where amongst other issues they heard public comments and personal statements on why City of San Diego should Legalize Sale of Kratom in the San Diego City proper limits.
San Diego City is one of only TWO cities in the State of California, which has a ban on Kratom. This ban was implemented under an emergency “Synthetic Analog Act", when synthetic marijuana, spice, and bath salts were causing substantial harm in our community. Unfortunately, due to confusion and the lack of a public hearing, kratom was added to this list of Synthetic chemicals, even though kratom is a natural food that is regulated under GMP guidelines set by the FDA, as well as being consumed for non-recreational reasons.
ETHA's very own co-owner Alexander Karp was a speaker. Listen to his full testimonial for kratom here:
Alexander's major points include:
- Most ETHA customers, including many veterans in San Diego County, use Kratom to manage health and wellbeing, especially for chronic pain, depression, and anxiety.
- A growing number of people use kratom to manage opioid withdrawal and reduce or eliminate opioid addiction.
- Kratom allows them to engage with friends and family and become contributing members of the community.
- With the current ban, many San Diego citizens are forced to drive to El Cajon, Escondido, and Vista to purchase their life-saving kratom.
- Responsible Kratom Manufacturers, like ETHA focus on research and development and follow GMP practices to produce a clean, quality product that helps improve the life and well-being of their clientele.
OCTOBER 24, 2023:
CALL & EMAIL Your Congressional Reps; Sponsor & Support Federal Kratom Consumer Protection Act
OCTOBER 6, 2023: The Federal Kratom Consumer Protection Act is Filed in U.S. Senate — House Filing Expected Soon
This version of the Federal Kratom Consumer Protection Act mirrors the legislation filed last December just before that session of Congress adjourned.
Congressman are expected to file the House Federal Kratom Consumer Protection Act as soon as the House resumes activity.
The Federal KCPA includes the following provisions:
- Requires the FDA to regulate kratom as a food product unless a manufacturer seeks to use labeling claims requiring a new dietary ingredient notification (NDIN), or therapeutic claims requiring a new drug application (NDA).
- Limits the FDA authority to impose import alerts on kratom raw materials only when evidence exists that the product is contaminated with a dangerous non-kratom substance.
- Requires full transparency on all research on kratom being funded by the federal government. An HHS Kratom Task Force will hold public meetings with experts to increase awareness of kratom research, identify the prevalence of and current safe uses of kratom, kratom’s potential health benefits, and will require the FDA to publish records of all kratom research on the FDA website.
- Requires the FDA to open a public docket for public comment prior to hearings on kratom and requires publication on the FDA website of all comments and transcripts of all hearings conducted pursuant to requirements of this Act.
JULY 2023: American Medical Association House of Delegates "rejects extreme policy of criminalizing the use of kratom". Rejects Mississippi's too strict proposal to ban over-the-counter kratom sales and adopts
RESOLUTION 515 states amongst other things:
- kratom policy should be dictated by science that is driven by research
- individuals using kratom for personal use should NOT face criminal charges
- kratom should be regulated by the FDA through medical trials...
Read Resolution HERE
MAY 2023: KCPA Passed in Texas and Florida! Louisiana does NOT pass Ban on Kratom.
Support kratom manufacturers who abide by the Kratom Consumer Protection Act like: ETHA NATURAL BOTANICALS
This monumental effort requires kratom continued support from supporters and business owners to unite and provide any and all available resources. Please sign up to stay informed.
Additional Updates - World Health Organization on Kratom
DECEMBER 2021: WHO recommends Against Kratom Review
-initial reports from the World Health Organization (“WHO”) Executive Committee on Drug Dependency indicate that “there is insufficient evidence to recommend a critical review of kratom.”
Read more about this monumental WIN for the kratom community:
OCTOBER 13, 2016: DEA withdraws proposal to place Mitragynine and 7-Hydroxymitragynine into Schedule I.
Kratom Legality in United States
Kratom Legality in Europe
- Albania: Kratom is not a controlled substance
- Austria: Kratom is legal.
- Belarus: Kratom’s main alkaloid mitragynine and 7-hydroxymitragynine are illegal.
- Belgium: Kratom entirely legal.
- Bosnia: Kratom is not a controlled substance.
- Bulgaria: Kratom forbidden since 2011.
- Croatia: Kratom Banned.
- Cyprus: Kratom included in list of psychotropic substances.
- Czech Republic: Kratom legal. READ ABOUT ETHA'S FIGHT FOR KRATOM IN CZECH REPUBLIC
- Denmark: Kratom scheduled as controlled substance since 2009.
- Estonia: Kratom is a controlled substance since 2015.
- Finland: Kratom Banned since 2014.
- France: Kratom defined as psychotropic substance since 2020.
- Germany: Kratom fully legal.
- Greece: Kratom legal.
- Hungary: Not a controlled substance.
- Iceland: Kratom is controlled substance.
- Ireland: Prohibited in 2017.
- Italy: Outlawed in 2016. Talks to repeal this decision.
- Kosovo: Not listed as controlled substance.
- Latvia: Kratom banned.
- Lithuania: Banned on list as narcotic, mitragynine is a controlled substance.
- Luxembourg: Controlled substance since 2012.
- Malta: Kratom is legal.
- Moldova: Controlled substance since 2010.
- Montenegro: Not a controlled substance.
- Netherlands: Kratom is legal.
- North Macedonia: Kratom is legal.
- Norway: Kratom banned.
- Poland: Banned since 2009.
- Portugal: Sale is not allowed, and possession is non-criminalized.
- Romania: Banned.
- Russia: Illegal since 2011.
- Serbia: Gray area.
- Slovakia: Kratom legal.
- Slovenia: Outlawed since 2019.
- Spain: Kratom is legal.
- Sweden: Sold online but technically illegal.
- Switzerland: Banned since 2017.
- Turkey: Controlled substance since 2014.
- Ukraine: Kratom legal.
- United Kingdom: Banned since 2016.
- Canada: Kratom not safe for human consumption.
- Mexico: Not a regulated substance.
- Argentina: the ONLY South American country that clearly mentions mitragynine as an illegal substance currently.
- China: no clear regulation, but best not to bring it into the country.
- Israel: Kratom considered a dangerous drug.
Some additional Thoughts...
The industrial revolution enabled faster and more efficient production. Our pharmaceutical industry, for example, is very good at isolating 1 active ingredient, then chemically synthesizing a similar molecule on a massive scale. This is analogous to our food supply in the US…which is optimized for mass-production and scalability…and not necessarily for our ‘best’ long term health.
It is understandable that the FDA turned away from biologics back in the 1970s in order to enable this scalability. The FDA has a tough job of regulating labels, claims, and manufacturing practices before trying to consider the complexities of biologic therapeutics. However, the more our collective knowledge increases, we begin to understand the importance of these biologic complexities and the symbiotic relationships present within our microbiomes called the human body. More than ever, it is important for new disruptive industries to come together to promote education and commit to acceptable standards.
As this shift from synthetics to biologics and natural products gains momentum, it is critical to meet with our legislators. In order to reduce risks and provide maximum societal benefits as kratom gains in awareness and popularity.
When disruptive industries or technologies work hand-in-hand with government representatives, they can enter the marketplace with assurances and stability and avoid hysteria, confusion, and backlash.