Kratom, a plant native to Southeast Asia, has seen a surge in popularity in the United States and Europe thanks to its reported benefits for improving wellness, boosting energy, and balancing mood. However, kratom’s legal status remains a contentious issue, with ongoing debates and legislative changes. 

If you or a loved one benefits from using kratom, it’s important to be aware of the legal issues surrounding kratom products. Here’s an overview of the current landscape and potential future developments in kratom legislation in the U.S. and Europe.

Current Kratom Legislation in the United States

In the United States, kratom’s legal status varies significantly from state to state. While some states have embraced its use through regulatory frameworks, others have imposed severe restrictions or outright bans. 

The U.S. Food and Drug Administration (FDA) has issued warnings about the potential risks of kratom, labeling it as a substance of abuse with the potential for addiction and no approved medical use, as well as serious health consequences like liver damage. This is in spite of the fact that in February of 2024, the FDA told the U.S. Federal court that it hadn’t determined whether kratom was actually dangerous.

In 2018, the FDA classified kratom as an opioid due to its effects on the brain’s opioid receptors, further complicating its legal status and potential for federal regulation​. However, in February 2024, the Deputy Commissioner of the FDA indicated a shift in policy regarding kratom and how it may approach future research into its safety and efficacy.

Notably, the American Kratom Association (AKA) has become an instrumental voice in advocating for the Kratom Consumer Protection Act (KCPA), which aims to establish guidelines for the safe consumption and sale of kratom. Visit their website to stay on top of the ever-evolving legal status of kratom by state.

States to Watch:

Although kratom is unregulated in most of the U.S., the following states are currently taking legislative action:

  • Alabama: Kratom is currently a Schedule I controlled substance in Alabama. Efforts are underway to replace the ban with a pending kratom legislation similar to Georgia’s KCPA.
  • Colorado: From July 1, 2024, Colorado will implement a KCPA bill prohibiting the sale of adulterated kratom and imposing age restrictions.
  • Georgia: Modifications to the existing KCPA are expected, which would enhance consumer safety measures.
  • Illinois, Indiana, and Ohio: These states are considering KCPA bills that would introduce regulatory frameworks similar to those in other states.
  • Rhode Island: As recently as June 2024, Governor Daniel McKee decided to veto the KCPA and continue banning kratom in Rhode Island.

On the federal level, the introduction of the bipartisan Protect Access to Kratom Act is a significant milestone. This bill, introduced by Senators Mike Lee and Cory Booker, alongside Congressmen Mark Pocan, aims to protect kratom consumers from adulterated products and ensure informed consumer choices. 

If passed, this federal legislation would provide a consistent regulatory approach across the country, enhancing consumer safety and facilitating research into kratom’s potential benefits.

The U.S. House of Representatives has similarly put forward a bill entitled H.R.5905 Federal Kratom Consumer Protection Act that would require the FDA to create a task force to investigate the health and safety of kratom. In addition, this bill would prevent the FDA from regulating kratom in a way that’s more restrictive than the regulations for similar botanical supplements.

Kratom Legislation in European Countries

In Europe, kratom legislation is equally fragmented, with countries adopting a range of stances, from complete bans to unregulated legality.

Key Countries:

European kratom enthusiasts and advocates may wish to turn their attention to current legislation in the following regions:

  • Finland and France: Kratom is classified as a controlled substance, making its import, sale, and use illegal.
  • Germany: Kratom is legal but must be labeled as not for human consumption.
  • Ireland, Italy, and Latvia: These countries have banned kratom, classifying it alongside other controlled substances.
  • Greece, Hungary, and the Netherlands: Kratom remains unregulated and legal, although this status could change as regulatory reviews continue.

The European Kratom Alliance (EKA) is working to standardize regulations across the continent, advocating for a balanced approach that recognizes kratom’s benefits while ensuring consumer safety.

Expert Opinions and Predictions

Experts and advocacy groups like the AKA and EKA emphasize the importance of regulatory frameworks that prioritize consumer safety without imposing unnecessary restrictions. Mac Haddow, Senior Fellow on Public Policy at the AKA, notes that responsible regulation will foster a safer landscape for the kratom consumer and open the door for continued research into kratom’s potential and benefits.

Given the current momentum, it is likely that more states in the U.S. will adopt KCPA-style regulations, providing a safer marketplace for kratom consumers. On the federal level, the Protect Access to Kratom Act, if passed, would standardize regulations and prevent future attempts to classify kratom as a controlled substance.

In Europe, the trend towards regulation rather than outright bans may continue, particularly as more evidence emerges about kratom’s benefits and risks. Countries with unregulated or legal statuses may introduce safety guidelines to ensure product quality and consumer protection.

Ongoing Legal Challenges

Despite these positive trends, kratom legislation faces ongoing challenges. In the U.S., the FDA has expressed concerns about kratom’s safety and potential for abuse, although these claims have been contested by advocates and some researchers. Legal battles over kratom’s classification and safety are likely to continue, influencing future legislation.

In Europe, countries with bans may face pressure from advocacy groups and consumers to reconsider their positions, especially if new research supports centuries-long anecdotal evidence and kratom’s historical therapeutic benefits. Conversely, countries with unregulated statuses may tighten their regulations to address safety concerns.

Future Outlook for Kratom Laws

The future of kratom legislation in the United States and Europe is poised for significant developments. In the U.S., state-level regulations under the KCPA model are likely to expand, and federal legislation could standardize these efforts. In Europe, a push toward balanced regulation that ensures consumer safety while recognizing kratom’s benefits may emerge as well.

For kratom consumers, staying constantly informed about legal changes and advocating for responsible regulation will be crucial to the future of this fascinating supplement. As research continues to shed light on kratom’s enormous potential, its legal landscape will continue to evolve, ideally towards a framework that maximizes benefits while minimizing risks.

Discover the benefits of kratom for yourself and see why it’s important to protect consumer access to safe, reliable kratom products. Shop now at the Kratom Store.