Kratom, a plant native to Southeast Asia, has gained popularity in recent years for its potential medicinal uses and recreational effects. However, with its rising popularity, many people are left wondering about the legal status of kratom, particularly in states like California. Kratom is typically sold in a green powder form, or in extracts and capsules. You can find sold at local smoke shops or a online after a simple Google search.
People who take Kratom say that the drug helps provide them with an extra burst of energy and elevates their mood. Many users have stated that the substance helps with reoccurring pain. Kratom is unique in that it can act as a stimulant or a sedative. However, despite these perceived benefits, doctors still warn that kratom use can lead to throwing up, seizures, and even substance dependence. In this blog, we will explore the intricacies of kratom laws in California and how they impact its accessibility and usage. We’ll also discuss the benefits and risks associated with kratom use.
Understanding Kratom and Its Uses
Kratom, scientifically known as Mitragyna speciosa, is a tropical evergreen tree in the coffee family native to Southeast Asia. Kratom’s complex effects have been tied to mitragynine and other alkaloids — chemical compounds containing nitrogen — that act on systems in the brain and body. It’s leaves contain active compounds that interact with opioid receptors in the brain, producing both stimulant and sedative effects. Traditionally, kratom has been used for its pain-relieving properties, as well as its ability to boost energy and enhance focus.
Today, kratom is commonly used as an alternative to opioids for managing chronic pain, opioid withdrawal symptoms, and mood disorders. As stated earlier, Kratom is available in various forms, including dried leaves, powder, capsules, and extracts.
The Origins of Kratom
Kratom has a long history of use in Southeast Asia, where it has been used for centuries in traditional medicine practices and cultural rituals. It is believed to have originated in Thailand, where it has been used for its medicinal properties and recreational effects.
Legend has it that kratom was discovered by ancient farmers who noticed that certain trees in the region had leaves with unique properties. These farmers began experimenting with the leaves and discovered their potential for pain relief and mood enhancement. Over time, the knowledge of kratom’s benefits spread throughout Southeast Asia, and it became an integral part of the region’s traditional medicine practices.
In recent years, kratom has gained popularity in the Western world, with proponents touting its potential benefits and advocating for its legalization. However, the legal status of kratom varies from country to country and even within different states in the United States.
Common Uses of Kratom
Due to its diverse effects, kratom is used for a variety of purposes. Some of the common uses of kratom include:
Many individuals use kratom as a natural alternative to prescription painkillers for managing chronic pain.
Kratom’s stimulating properties can uplift mood and reduce symptoms of depression and anxiety.
Kratom has been known to increase energy levels and improve focus, making it a popular choice among students and professionals.
Kratom has been used as a transitional aid for individuals recovering from opioid addiction.
Additionally, kratom has been used in traditional ceremonies and rituals in Southeast Asia. It is believed to have spiritual and cultural significance, with some communities using it to connect with their ancestors or as a symbol of unity.
Furthermore, kratom has gained attention for its potential as a natural remedy for various ailments. Some studies suggest that kratom may have antioxidant and anti-inflammatory properties, which could contribute to its potential health benefits.
The Legal Status of Kratom in the United States and California
When it comes to kratom legality, the United States has a complex and evolving regulatory landscape. While kratom is not federally illegal, it is not without scrutiny. Assembly member Matt Haney (D-San Francisco) stated, “kratom is not regulated at all in California.” Right now, there are not even labeling requirements or age restrictions.”
The FDA (Food and Drug Administration) has frequently stated that it has serious concerns with the use of kratom for medical treatment, stressing that it has not approved any medicines containing kratom and that it cannot be lawfully marketed in the United States as a dietary supplement or added to foods.
Federal Regulations on Kratom
The FDA has raised concerns about the safety and potential risks associated with kratom use. In 2014, the FDA issued an import alert on kratom, effectively banning its importation into the country.
However, the import alert did not criminalize kratom possession or use at the federal level. Instead, it restricted the importation of kratom products for human consumption, citing potential risks such as addiction, dependency, and other adverse effects.
In response to the FDA’s concerns, the Drug Enforcement Administration (DEA) considered classifying kratom as a Schedule I controlled substance, alongside drugs like heroin and LSD. This move was met with backlash from kratom advocates and lawmakers who argued that such a classification would hinder research into its potential benefits.
State-by-State Differences in Kratom Laws
Despite the lack of federal regulation, individual states have the authority to regulate kratom within their borders. This has led to a patchwork of laws and regulations across the country, with some states embracing kratom as a legal substance, while others have imposed restrictions or outright bans.
In California, kratom is currently legal for individuals over the age of 18. The state has not imposed any specific regulations or restrictions on the sale, possession, or use of kratom.
On the other hand, states like Alabama, Arkansas, and Wisconsin have taken a stricter stance on kratom, classifying it as a Schedule I controlled substance. In these states, the sale and possession of kratom are illegal, leading to concerns among users who rely on the plant for its alleged therapeutic effects.
Kratom Laws in California
While California has not enacted any specific laws regarding kratom, it is essential to stay informed about any changes or proposed legislation that may affect its legal status in the state.
California’s stance on kratom reflects a broader national conversation about the regulation of this herbal supplement. The lack of specific laws in California means that kratom users must navigate a complex web of varying regulations at the federal, state, and local levels.
Current Legislation on Kratom
For now, kratom remains legal and readily available for purchase and use within the state.
However, the absence of current legislation does not guarantee the permanence of kratom’s legal status. The dynamic nature of drug policy means that regulatory changes could occur suddenly, prompting users to remain vigilant and engaged with advocacy efforts.
Recently, a patchwork of state and local laws has emerged due to concerns about the various kratom products available in stores and online. Researchers warn that these products can have drastically different effects. In California, where kratom is popular in vape and smoke shops, lawmakers are working on regulating this uncontrolled market.
The proposed Assembly Bill 2365, introduced by Matt Haney, aims to impose regulations on kratom products. The bill would require registration with the public health department, regulate chemical content, including labeling with alkaloid amounts and warnings about potential habit-forming properties, and prohibit sales to individuals under 21 years old.
Changes in Kratom Laws Over Time
It is important to note that kratom laws can change over time. Therefore, individuals who use or are interested in using kratom should stay informed about any updates or changes in the legal landscape.
Advocacy groups and individuals within the kratom community are actively involved in educating lawmakers and advocating for the responsible use and regulation of kratom. These efforts help ensure that kratom users’ rights are protected and that accurate information is disseminated.
By participating in public discourse and engaging with policymakers, kratom advocates aim to shape legislation that balances access to the supplement with necessary safety measures. This ongoing dialogue underscores the importance of community involvement in shaping drug policy at both the state and national levels.
The Impact of Kratom Legality on Californians
The legal status of kratom in California has various implications for its accessibility and usage.
Accessibility and Usage of Kratom in California
With kratom currently legal in California, individuals have relatively easy access to kratom products. Kratom can be purchased from specialty stores, online vendors, and some smoke shops.
However, it is crucial to exercise caution when purchasing kratom and ensure that you are obtaining it from reputable sources. Quality control and regulation vary among vendors, so it is essential to research and select a reliable supplier to ensure product safety and consistency.
Matthew Lowe, executive director of the Global Kratom Coalition, warns that some synthetic products contain dangerously high levels of 7-hydroxymitragynine, a chemical found in kratom. He emphasizes the importance of maintaining natural alkaloid ratios in kratom products to prevent abuse and support responsible consumption.
The Role of Law Enforcement in Kratom Regulation
Law enforcement agencies in California primarily focus on enforcing existing drug laws and maintaining public safety. While kratom is legal in the state, it is important to use and possess it responsibly and comply with any future regulations or restrictions that may be imposed. It is wise to stay informed about any changes or updates in kratom laws to avoid any potential legal issues.
Future Predictions for Kratom Laws in California
While the legal status of kratom in California remains unchanged, the future of kratom laws is uncertain.
Potential Changes in Legislation
As with any substance, there is the potential for future regulation or restrictions on kratom. Concerns about its safety, potential for abuse, and lack of regulation may prompt lawmakers to review and address kratom-related legislation in the future.
Advocacy Efforts for Kratom Legalization
Advocacy groups and individuals within the kratom community continue their efforts to educate lawmakers about the potential benefits of kratom and advocate for its responsible use. These advocacy efforts aim to dispel misconceptions surrounding kratom and ensure that appropriate regulations are in place to protect consumer safety.
If You or Someone You Love Uses Kratom, Be Careful
At present, kratom is legal for individuals over the age of 18 in California. However, it is essential to remain informed about any changes in legislation that may occur in the future. Keeping up-to-date with the evolving legal and regulatory landscape will help ensure that you use kratom responsibly and stay within the confines of the law.
Always remember to verify the legality of kratom in your specific jurisdiction before purchasing or using it. If you are unsure, consult legal resources or reach out to advocacy groups for accurate and up-to-date information.
Ultimately, the legal status of kratom may continue to evolve as more research is conducted, and public perception and understanding of its potential benefits and risks develop. As with any substance, responsible use and staying informed are key factors in navigating the complex world of kratom legality.
At Westwind Recovery® in California, we help individuals overcome substance use disorder and co-occurring disorders. We also believe in staying up to date on the latest substances and treatment options that can impact the recovery community. Contact us today to learn more about our wide range of services.
Dr. Deena is the Chief Clinical Officer of Westwind Recovery®, an award-winning outpatient treatment center in Los Angeles where she oversees the clinical and administrative program and treatment methods. Dr. Deena is a doctor of psychology and licensed clinical social worker since 1993. LCSW #20628. Originally from the East Coast, Dr. Deena has worked running treatment centers, worked as a therapist in psychiatric hospitals as well as school settings and currently has a thriving private practice in the LA area. Dr. Deena has appeared regularly on the Dr. Phil Show as an expert since 2003. She has also been featured on many other TV shows, podcasts and has contributed to written publications as well as podcasts.
