Kratom is a natural herbal supplement and its users claim it provides a variety of benefits. Native to Southeast Asia, kratom (also known as Mitragyna speciosa) has historically been used in traditional medicine as well as recreationally. Users claim that different strains offer bright, get-up-and-go vibes, inspire more presence and groundedness, or create a balance of both.
Despite its rich history and its worldwide use, kratom legalization in the United States remains a murky topic. It can be confusing to understand the legal status of kratom because it varies from state to state. Thankfully, many dedicated advocates are helping to educate the public about kratom. They have also advocated on behalf of kratom users to reverse a proposed DEA ban, fight FDA restrictions, and work at both the state and federal levels to promote more research.
Let’s take a look at some key moments in kratom’s legal history in the United States and see how pro-kratom advocates have impacted its current legality.
The Current State of Kratom Legalization
To understand the impact of advocacy on kratom legalization efforts, let’s start by discussing the current legal status of kratom. Currently, kratom is not illegal at the federal level. It is not considered a Schedule I or II drug or any other classification of federally-controlled substance.
This means kratom is regulated at the state and local levels. It is fully banned in many states, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. In other states, it may be fully or partially regulated, including by county. For example, kratom is currently legal in Florida, except for Sarasota County, which passed an ordinance to ban kratom in 2014. It is also legal in California, except in the city of San Diego.
If you’re not sure whether kratom is legal where you live, contact the American Kratom Association for more information and legal resources.
The DEA Weighs In on Kratom
According to one estimate, just 1% of Americans reported using kratom in 2020. That’s around 2.1 million people. By comparison, 62% of people in the United States drink alcohol and 17% use legalized marijuana.
Despite its relatively uncommon usage, kratom has been the target of numerous bans and ban attempts. In October 2016, the Drug Enforcement Agency (DEA) announced its intentions to label kratom a Schedule I illegal drug — which would have made it a controlled substance in the same category as heroin, ecstasy, and LSD. The Department of Health and Human Services (HHS) supported this proposed ban.
Hearing this news, kratom advocates immediately mobilized. They organized public demonstrations, collected signatures for petitions, and called on the government to stop the proposed ban. One White House petition received over 130,000 signatures against the DEA’s decision to prohibit kratom. 51 members of Congress subsequently called on the DEA to listen to the public.
The backlash proved highly effective. In response to the pro-kratom advocates, HHS withdrew its support for the DEA. Then, the DEA itself reversed course. They set a deadline for submitting additional public comments about kratom by December 2016 and received over 23,000 responses, most of which supported legalizing kratom.
Federal Kratom Consumer Protection Act
2016 was a successful year for kratom advocates. Still, kratom powders, capsules, and other products aren’t fully protected. State, county, and city-wide bans demonstrate how kratom could be banned at any time. The DEA may also step in again with future attempts to make kratom illegal at the federal level.
That’s why advocates and lawmakers introduced the Federal Kratom Consumer Protection Act in October 2023. This bill “requires the Food and Drug Administration (FDA) to hold a hearing and establish a task force on the health and safety of products with kratom.”
If passed, the Kratom Consumer Protection Act will establish hearings to discuss the current scientific research on kratom. These hearings will cover data regarding the safety, efficacy, and usage of pure kratom as well as products containing kratom. This will create an opportunity for expert testimony, open discussion, and public commentary.
The bill will also create a “Kratom Research Task Force.” This task force will analyze government-funded studies regarding kratom and its active ingredients, the alkaloids mitragynine and 7-hydroxymitragynine, and help make the findings of these studies more easily available.
Additionally, the Federal Kratom Consumer Protection Act will prevent government agencies such as the DEA from initiating bans on kratom without convening in-person hearings first. It further prohibits excessive Food and Drug Administration (FDA) regulation. If passed, the bill would require the FDA to regulate kratom with the same rigor as any food, dietary supplement, or raw ingredient — no more and no less!
The Future of Kratom Legalization
Until Congress passes nationwide protection for kratom, the future of legalization is uncertain. The DEA, FDA, or other government bodies may take further action against kratom. Opponents may also continue to push to ban kratom at the state and local levels.
But as we learned in 2016, advocacy has a powerful impact. If you believe kratom should be legal and accessible, there are many ways to get involved. Support small kratom businesses, write to your representatives in support of kratom, or reach out to the American Kratom Association to get involved.
Try Kratom and Decide For Yourself
There are many arguments for and against legalizing kratom. So, what’s the right answer? As with any controversial subject, it’s important to research both sides and draw a conclusion based on accurate information, including first-hand experience.
If you’ve never tried kratom before, Joe’s Botanicals offers a premium collection of white, green, and red kratom in convenient capsules or versatile powders. Our fair trade kratom is 100% natural, with no fillers, additives, or chemicals. We also ensure our product is ethically and sustainably sourced, hand-picked and meticulously harvested, and third-party tested for purity and potency.
Try our kratom today, experience the difference, and see for yourself why so many people are passionate advocates for this amazing plant! Whether you’re a person who’s all about chill vibes or a getup-and-go-out social butterfly, there’s a kratom strain for you.
