Kratom has been an integral part of the culture across Southeast Asia for centuries. People in Thailand, Indonesia, Malaysia, and elsewhere have used kratom in traditional remedies and natural medicines for generations. They rely on kratom’s stimulating, energy-boosting effects to promote productivity and treat a number of ailments.
Recently, kratom has started to grow in popularity in the United States and other Western countries. Federal and state governments in America are still figuring out whether and how kratom should be regulated. Research about kratom’s pros and cons is ongoing. Kratom advocacy groups like the American Kratom Association (AKA) are pushing for common-sense regulations that would protect adult access to kratom. This would ensure that consumers are well-informed and that kratom products are as pure and as safe as possible.
The AKA has proposed a model piece of legislation known as the Kratom Consumer Protection Act, which has seen mixed success in working its way through the state and federal legislatures.
Current State of Kratom Legislation
Currently, kratom is legal to buy and sell in 44 out of 50 states. Of the six states in which kratom is illegal, at least four have recently introduced bills that would permit the sale of kratom with regulation.
Not all states are moving in the same direction, however. In Vermont, the state’s Department of Health has agreed to remove kratom from Schedule I listing, and legalization seems imminent; in Rhode Island, a version of the KCPA was passed by the legislature but vetoed by the governor.
In the vast majority of states, kratom is currently legal. A number of states–at least 16, as of November 2023–have imposed regulations on the kratom industry. Those states have imposed rules about how kratom can be manufactured, how products can be labeled and marked, how products must be tested, and the age at which kratom can be purchased or possessed.
The rules can vary significantly by state. To check on the status of kratom’s legality in your area, we recommend checking out the American Kratom Association’s kratom legislation map, which gives an overview of kratom laws by state.
Where does the Kratom Consumer Protection Act fit in? States that have imposed kratom regulation have, for the most part, enacted some version of this vital legislation. Let’s take a closer look at the history of the KCPA.
The Origin of the Kratom Consumer Protection Act (KCPA)
The KCPA is a model law proposed by the American Kratom Association. The KCPA establishes a framework for the manufacturing and sale of kratom. It is intended to safeguard public health while protecting adult access to safe, clean kratom products.
The AKA (along with other kratom advocacy groups) is pushing for KCPAs in states and at the federal level in order to establish a unified approach to kratom legislation. The AKA’s goal is to protect the rights of all Americans to “legally consume safe kratom to better manage their overall health and well-being.”
Unfortunately, Kratom legislation has been piecemeal and inconsistent thus far, with many states and the federal government taking no action at all. Others are pushing for all-out kratom bans despite the science. A federal KCPA–or, at the least, consistent state KCPAs–would allow the kratom industry to develop and flourish while protecting consumers against false advertising, harmful additives, contamination, and other dangers.
What’s in the KCPA?
At least 11 states have passed some version of the KCPA, although the specific rules within each of those states may vary.
Typically, all KCPA legislation includes some combination of the following:
- Manufacturing and processing rules and restrictions
- Kratom testing requirements
- Rules regarding synthetic products
- Guidelines for labeling and marketing of kratom products
- Restrictions on additives and adulteration of kratom products
- Age limits for the sale of kratom
- Product registration
Proposed Federal KCPA
A federal Kratom Consumer Protection Act was introduced to the U.S. Senate in October 2023. The proposed federal KCPA does not include all the “bells and whistles” present in many state versions of the KCPA. Instead, the federal bill proposes to “establish a task force on the health and safety of products with kratom,” and would prohibit the FDA from treating kratom more harshly than other food and dietary supplements (i.e., prevent the administration from treating kratom like a controlled substance).
Essentially, the federal KCPA would kick-start the process of federal kratom regulation. It would establish a task force to conduct research and generate proposals about how kratom should be regulated. The bill is also meant to protect legal access to kratom, leaving regulation up to the states while federal agencies take a look at the science of kratom.
As drafted currently, the bill would do little to “protect consumers” in the manner proposed by the AKA, but it would open the door for future regulation. Since being introduced, however, the federal KCPA proposal has not made much headway in the legislature.
The Future of Kratom Legislation
Kratom industry advocates are optimistic that more states will enact some version of the KCPA. As more states get on board, more research can be conducted about kratom’s potential medicinal benefits. Even consumers who take kratom recreationally can feel that their health and well-being are being protected by a knowledgeable administration.
Shop AKA-Approved Kratom Products at Mitra Bros
At Mitra Bros, our team stays on top of kratom legislation around the country. Whether or not your state has a KCPA in place, all of our products meet the AKA’s standards for Good Manufacturing Practices.
In our view, customers should get only the best, lab-tested, pure and potent kratom products–no matter where they’re located. And that’s what we provide. Head over to our online shop to check out our premium-quality kratom products and experience the difference for yourself.
