It’s estimated that nearly two million Americans use kratom each year. Yet, despite its rising popularity, this powerful plant is still steeped in misinformation and often unfairly maligned. That’s why kratom users and advocacy groups support the Kratom Consumer Protection Act.
The Kratom Consumer Protection Act is federal legislation that would pave the way toward the full legalization of kratom. Currently, kratom is not a federally controlled substance, which means its legal status is left up to the states. Unfortunately, many local governments have already banned the sale or possession of kratom. Without federal consumer protections, other states may soon follow.
If you or someone you love has benefited from using a kratom product, you’ll understand why it’s important to protect access via bills like the Kratom Consumer Protection Act. Let’s examine this vital piece of legislation and learn how you can get involved.
Current Legal Status of Kratom in the United States
Kratom has been used for centuries in Southeast Asia and was first brought to the United States by immigrants from countries like Thailand, Cambodia, and Indonesia. In the 1990s, it began gaining momentum outside these communities. Today, kratom is used by many people who attest to its wellness benefits and positive impact on their lifestyle. It’s usually consumed in the form of powders, capsules, tinctures and extracts, or teas.
What gives kratom its effects? The answer lies in two alkaloids called Mitragynine and 7-Hydroxymitragynine. When consumed, these alkaloids stimulate the opioid receptors in the brain and release “feel good” chemicals. Depending on the strain, kratom may make users feel more focused, more grounded, or somewhere pleasantly in between.
Kratom is made from the leaves of the Mitragyna speciosa plant, so it’s 100% natural. Unfortunately, due to its potency and the lack of education about its potential benefits, many people lump kratom into the same category as dangerous illegal drugs. And because the US federal government doesn’t regulate kratom or protect consumers’ access to it, some states have already enacted kratom bans.
The messy, complicated legal framework around kratom ultimately harms consumers. In addition to restricting access, these regional bans also make it more difficult for the kratom industry to enact uniform standards for important consumer safety issues like quality control and testing.
The Federal Kratom Consumer Protection Act
That’s where the Federal Kratom Consumer Protection Act comes in! The KPCA is legislation that will protect access to kratom and create a framework for better industry standards.
Currently, there are two versions of this bipartisan legislation:
- Senate Bill S.3039, introduced by Senator Mike Lee from Utah
- House Bill H.R. 5905, introduced by Congressman Mark Pocan from Wisconsin
Both bills were introduced in October 2023. It’s passed in the Senate, but the House bill is still pending. While each piece of legislation varies in its language, each consumer protection act is vital to kratom users and advocates.
What Does the KCPA Do?
Unfortunately, the Federal KCPA doesn’t grant kratom the same legal status as alcohol or tobacco, nor does it overturn state bans.
However, it will protect kratom from unfair restrictions imposed by the Food and Drug Administration. The KPCA requires the FDA to treat kratom the same as any food, dietary supplement, or cosmetic ingredient under the Federal Food, Drug, and Cosmetic Act.
The KPCA also requires greater transparency surrounding any future federal actions that could curb or prohibit kratom. In 2016, the Drug Enforcement Agency (DEA) almost banned kratom without any input from the public. They announced their intentions to reclassify kratom as a Schedule I drug, which would have made kratom illegal.
Luckily, kratom advocates rallied to gather signatures and call on Congress to stop the DEA’s overreach. They launched a successful public backlash, which caused the DEA to reverse course.
Thus, kratom remains unregulated on the federal level — and the KPCA will help it stay that way until full legalization can occur. By stipulating greater transparency, the KPCA requires public hearings and disclosure for any potential administrative action against kratom.
Additionally, the KPCA establishes a federal “Kratom Research Task Force.” This Task Force is responsible for detailing federally-funded research on kratom and creating quarterly reports that analyze this research. It will help establish pathways for research into the potential medical benefits of kratom that many users already claim to experience.
Furthermore, by adding greater legitimacy to kratom, the KPCA will help clear up misinformation. This will help advocates in their fight to reverse existing state and local kratom bans while encouraging more education and fair treatment of kratom.
Get Involved in Kratom Advocacy
If you’re feeling inspired by the KPCA, there are many ways to get involved in kratom advocacy. Call or write your local Congressional representatives and encourage them to pass H.R. 5905. You can also contact the American Kratom Association to find local groups dedicated to protecting consumer access to kratom.
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