Is it Legal to Use and Possess Kratom?

Kratom is a popular therapeutic supplement widely available online and in dispensaries. Kratom also has psychoactive effects that can induce a sense of euphoria. Because of this quality, people also buy kratom as a recreational drug. However, the legal status of Kratom is ambiguous. This guide will explore the laws and regulations in force regarding the use and possession of Kratom.

What is Kratom?

Kratom, or Mitragyna Speciosa, is a tropical plant that grows in Southeast Asian countries like Thailand, Malaysia, Papua New Guinea, Indonesia, and Vietnam. The natives of these countries have used Kratom leaves as an essential ingredient in their traditional medicine to treat pain, fever, digestive disorders, etc.

Research tells us that the leaves of this evergreen plant contain a combination of several potent alkaloids such as mitragynine and 7-hydroxymitragynine. These alkaloids, especially mitragynine, mimic opiate drugs like codeine and morphine. They bind to the opioid receptors in the brain and produce several therapeutic effects.

But, according to medical experts, the side effects and addictive nature of Kratom might outweigh its benefits. This fact raises many questions regarding possession of various forms of Kratom, hence why questions like “is 7oh legal?” are so widely searched online. This compound is a metabolite of mitragynine, which is the primary active alkaloid in kratom. Despite being present in smaller quantities within the plant, 7OH is significantly more potent and plays a crucial role in the analgesic (pain-relieving) effects associated with kratom use.

Is it Legal to Use and Possess Kratom?

The United States has legal ambiguity regarding the status of Kratom. As of now, there is no federal law that prohibits the sale and possession of Kratom.

Kratom is legal in most states but, there are significant differences across state governments regarding the legality of Kratom. A few states have adopted policies to regulate the sale and possession of Kratom.

However, a few states have imposed age restrictions and adopted policies that regulate the sale, possession, and consumption of Kratom. Currently, Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin have banned the use and possession of Kratom.

What Do FDA and DEA Say About Kratom?

A report published in 2017 stated that salmonella-contaminated Kratom resulted in a salmonella outbreak across multiple states in the U.S. Following this event, the DEA and the Department of Health and Human Services suggested adding Kratom to Schedule I of the Controlled Substances Act (CSA). However, they have not gone through it yet due to various reasons. In addition, the FDA has banned the import of Kratom products in the United States since 2014.

Is Kratom Legal in Other Countries?

Though Kratom is used as a traditional medicine in Southeast Asian countries, the Association of Southeast Asian Nations (ASEAN) has prohibited the trade and consumption of Kratom since 2013. However, not all Southeast Asian countries share the same standpoint. While Thailand and Malaysia have banned Kratom altogether, Indonesia and Vietnam have emerged as the largest producer of Kratom globally.

Countries like Argentina, Australia, Bulgaria, Denmark, Finland, France, Germany, Ireland, Italy, Singapore, Sweden, and Thailand recognize Kratom as a “Controlled” drug. On the other hand, countries such as Canada have approved the use of Kratom.

What is the Kratom Consumer Protection Act?

The Kratom Consumer Protection Act (KCPA) is a set of rules and regulations formulated to protect consumers. As federal agencies like the FDA and the DEA play no role in controlling the Kratom market, the KCPA was created to step in and fill the void.

The KCPA states:

• Vendors must not sell Kratom products to minors below 18 years of age.
• It is mandatory to disclose whether any product contains Kratom.
• Kratom products containing more than 2% 7-hydroxy mitragynine are prohibited.
• It is illegal to sell adulterated or contaminated Kratom products.
• Kratom products should be labeled, mentioning the ingredients.
• No Kratom product should contain any synthetic alkaloid.

Is it Legal to Carry Kratom While Traveling on the Road?

Though Kratom is federally legal in the U.S., different states have different laws regarding traveling with Kratom. As of now, states like Alabama, Arkansas, and Vermont have banned citizens from using or carrying Kratom products while traveling. On the other hand, the state government of Louisiana, Maryland, and New Jersey are yet to decide their stand on Kratom possession. The Kratom laws keep on changing. Thus, we recommend checking the different state laws before hitting the road.

Can you Carry Kratom on Flights?

If you use Kratom regularly for therapeutic purposes, you might want to carry it when you take a flight out of the station. But, as Kratom is not legal everywhere, you may face some resistance while carrying Kratom on flights.

If you are flying locally inside the United States, you may carry Kratom without any trouble, provided that the Airline policy is not against it. Generally, the Transport Security Administration usually does not screen for Kratom in your bags. But to be safe, you should pack Kratom in your carry-on bag instead of the luggage that needs to be checked in.

Why is Kratom Not Legal Everywhere?

Though Kratom has several therapeutic benefits, Kratom is a highly addictive drug. Due to its opioid-mimicking properties, Kratom can trigger dependency by binding with the opioid receptors in the brain.

Kratom consumption also has nausea, vomiting, excessive sweating, chills, and decreased appetite. Kratom consumption can also affect the nervous system and lead to hallucination and delusion.

Prolonged Kratom use can lead to health issues such as extreme weight loss, frequent urination, constipation, muscle pain, and liver damage. Some reports also state that Kratom use can cause breathing suppression, seizures, coma, and death.

Some surveys suggest that people often combine Kratom with other addictive substances like alcohol, increasing the risk of overdose. Building on these reports, several countries have chosen to ban Kratom to protect their citizens from its adverse health effects.

The Bottom Line

The legal landscape of Kratom keeps on changing. However, making it completely illegal throughout the country will make it challenging for scientists to continue studying the beneficial properties and side effects of Kratom. Thus, as of now, the federal government has decided not to schedule Kratom in the CSA. As a beginner, you might ask, is kratom legal in the Bahamas? The answer is yes.

However, it would help to keep in mind that as any government agency does not regulate the Kratom industry, vendors often sell counterfeit or low-quality products to their consumers. Though the KCPA is in force, it is not impossible to encounter these counterfeit or contaminated Kratom products in the market. Thus, if you reside in or are traveling to a state where Kratom is legal, make sure you buy it from a reputable vendor.