About Kratom:

The Kratom available from Green House Kratom includes a variety of fine powders that are made from the dried and finely ground leaves of a tree that grows natively in tropical climates of South East Asia [1] [2] [3]. The Kratom tree has been given the scientific name Mitragyna Speciosa and is also sometimes called Kratum [4] or Ketum [5] (among other names). The fine powder has many uses, of which there is a lot of information on the web; at Green House Kratom, we only sell it as an ingredient to be used in soaps, detergents, and other cosmetic goods under FDA product code 53PH-99. Click here to view our Kratom Soap Recipes.

History and Legality In the United States:

The information that follows is intended to provide some insight as to regulatory issues regarding the chemical nature of the Kratom plant so that customers may be informed and may handle it responsibly.

Recently, the U.S. Food and Drug Administration (FDA) issued Import Alert 54-15 which guides U.S. customs agents to refuse the import of Kratom to the U.S. under the charge: “The article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be a dietary supplement or contains a dietary ingredient that is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury. [Adulteration, Section 402(f)(1)(B)].” [22] However, if a company can show enough supporting evidence that “the article” does not appear to be a dietary supplement or contain a dietary ingredient that is a new dietary ingredient, then the charge is unsupported, and “the article” should presumably be admitted.

So, in order for us at Green House Kratom to be able to continue to receive shipments from our overseas suppliers, we must maintain that our products are not to be used for consumption, and only as an ingredient to be used in soaps, detergents, and other cosmetic goods (under FDA product code 53PH-99). If you disagree with the position that FDA regulations have imposed upon kratom vendors, please, tell the FDA and your legislators about it.

Details of the Legality in the United States:

Kratom vendors within the U.S. really began marketing their products in various ways starting in about 2003 [18]. The most unscrupulous of companies have marketed Kratom as an “herbal high” [19] [20], which spurred controversy, and is likely to be the cause of several legislative proposals that have been made against some of the alkaloids found in Kratom. Other companies, have, according to the U.S. Food and Drug Administration (FDA), illegally marketed it as having medicinal purposes, while failing to first register it as a new drug and acquiring FDA approval [21].  Other vendors have marketed it as what the FDA would refer to as a New Dietary Ingredient (NDI), which, if registered with the FDA, might have been allowed, provided they only advertised it as a dietary supplement and not as having any medicinal purposes [22]; unfortunately, however, Kratom has been found on rare occasion to have some known negative health impacts  [14] [15] [16] [17] [12] and so the FDA has taken a stance that Kratom cannot be considered a safe Dietary Ingredient, and therefore they have issued Import Alert 54-15 on two occasions (Feb. 28 and Nov. 7 2014) which called for the detention of all “dietary” supplements or ingredients that are or contain Kratom [22]. This notification essentially renders it illegal to advertise Kratom for consumption for any reason in the U.S.

Other vendors, however, like ourselves and those approved by the www.kcforums.com forum administrators, have found Kratom to have other non-consumable purposes, and market it as such. As of today, it is federally legal to sell Kratom in all 50 United States. Within the past few years however, various state and municipal governments have either passed or have proposed various acts of legislation that serve to restrict or regulate the use of Kratom in that locality. A brief description of each of those localities are as follows:

Tennessee: Effective July 1, 2013, Tennessee legislators passed a bill that added the alkaloids mitragynine and hydamitragynine to a list of controlled “Synthetic derivatives or analogues of methcathinone” [23] [24]. More recently, that code was amended by SB0318 to correct the poor wording of the previous bill, and now renders kratom an illegal substance in TN (except perhaps by prescription) [56]. Further revisions of the code are currently being considered.[58][59] Write an email to the TN legislators explaining why you think these alkaloids should be removed, but please be respectful and informational or it may be counter-productive.

Wisconsin: On Apr. 24 2014, the Wisconsin Senate passed a bill which added the alkaloids to a list of schedule 1 controlled substances under 961-14 [25] [26], however 961.32(2)(c) states that a person may lawfully possess a controlled substance “pursuant to a lawful order of a practitioner” [25]. That basically means you need a prescription, which would also imply that it is for consumption so therefore might be confiscated by FDA rule.

Vermont: Vermont legislation is written such that it gives authority to the Vermont Board of Health to rule upon the subject and in 2014, the Board of Health added two of Kratom’s alkaloids to a list of regulated “Narcotic Drugs” [27]. It is interesting to note however that the Vermont Board of Health does not easily provide access to historical documentation for how their rules came into effect, nor when they were amended.

Illinois: Becoming effective Jan. 1, 2015, legislators in Illinois passed Public act 98-0981 [28] that prohibits sale to or possession by minors under the age of 18.

Florida: At the state level, no regulations have been placed upon Kratom, however CS/SB 764 has been proposed that would make Kratom a schedule 1 drug [52].  Additionally, Sarasota County has enacted a law that prohibits Kratom completely [29]. Broward and Palm Beach Counties, also considered similar propositions, but let them fail [30] [31][53].

New Jersey: Very recently, NJ A4431 has been introduced to the NJ House. If passed, it would criminalize the manufacture, sale, and possession of substances containing kratom. [57] Write an email to the NJ “Assemblymen” (House Memnbers), but please be respectful and informational or it may be counter-productive.

Michigan: Two bills in Michigan are currently under review, one in the House Criminal Justice Committee which would make it illegal to sell Kratom to a minor under 18 [32], and another, MI-2014-HB7507, in the House Health Policy Committee [33] which is very confusing as written, but can be understood when simplifying it as follows:

• (1)The following controlled substances are included in schedule 5:
• (a)… loprimide
• (b)… narcotics of certain amounts including codeine, dihydrocodeine, etc…
• (c)… ephedrine analogs, unless they meet one of the following conditions:
• (i)…it’s a legitimate drug registered and approved by the FDA to be sold over the counter, and provided it does not claim to be for stimulation, mental alertness, energy, weight loss, appetite control, or muscle enhancement, and if it is either (a) a pill containing a certain limited amount, or (b) an anorectal of a certain limited percent.
• (ii) or it’s a food or dietary supplement containing ephedrine that also:
• (A) does not contain more than a certain amount of ephedrine,
• (B) does not contain hydrochloride or sulfate salts of ephedrine,
• (C) has a label that states the amount of ephedrine per serving, the size of a serving,  some specifics about the maximum dosage specifically in relation to ephedrine, and that improper use of the product may be hazardous to your health,
• (D) AND is Kratom.

This proposal probably does not accomplish what the author of the bill was intending. The section (1)(c)(ii) was originally intended to create an exception for certain products that contain small amounts of ephedrine to not be classified as a schedule V substance if they were to follow the rules in that section. By “and-ing” kratom to those rules, it in fact suddenly excludes all other products from being applicable to this exception, and Kratom would be the only substance that would remain applicable to the exclusion, as it always has been.

So that means that nothing would change for Kratom. Additionally, a bag of Kratom that is NOT labeled for consumption would NOT fall under the auspices of this act since Kratom is not included as a new lowercase item (d), nor does it contain ephedrine or any of the other listed substances. On the other hand, the bill could very easily be revised such that the heading “(D)” changed to a little “(d)”, and the text otherwise remained in the same position, and in that case, then Kratom would in fact be marked as a schedule V substance under the proposal.

Iowa: A bill in Iowa is currently under review that would add “kratom” or “mitragyna speciosa korth” to a list of Schedule 1 substances and provide harsh penalties to anyone selling or possessing Kratom [36]. (Referred to Dept. of Public Safety [37].) A set of proposals in 2012 would have included “mitragyna speciosa” and “mitragynine” in a list of “cannabimimetic agents” but appears to have died in chamber and committee [38] [39] [40].

Indiana: Recently, SB0093, has been proposed in the state Senate that would require the IN Board of Pharmacy to publish a list defining “synthetic” substances to the Indiana Administration Code that includes some of the alkaloids found in Kratom. That would effectively make any substance containing those an illegal “synthetic drug” [55]. Legislation proposed in Feb. 2014 would classify the alkaloids as a “hallucinogenic substance” but that legislation has stalled in House Courts and Criminal Code Committee [41] [42].

Louisiana: In 2014, HB19 was introduced in which would add three alkaloids found in Kratom to a list of Schedule 1 controlled substances [34]. That bill was adjourned without scheduled hearing, referred to Committee on Aministration of Criminal Justice ; Essentially dead [35]. Then in March 2015, a similar bill (HB147) was initiated, but on April 27th, 2015, just prior to passing in the House, it was amended, removing penalty provisions for violations for the alkaloids that had been proposed before [54].

Oklahoma: A bill was proposed early in 2014 that would have included the alkaloids in a list of controlled substances [43], however they were removed from the list prior to the bill passing [44].

Arizona: Similarly, a bill in Arizona was proposed that would have included the alkaloids in a list of controlled substances [45], however they were removed from the list prior to the bill passing [46].

Massachussetts: A study was ordered in July of 2012 that would provide further information to rule upon a proposal that would have added Kratom to a list of controlled substances, however it appears to have died in chamber [47] [48] [49].

Several organizations have also recently sprung up to help follow these legislative proposals and in many cases help organize opposition towards them [50] [51]. In any case, for anyone involved with possessing Kratom, it is important to follow closely what is going on in all of these states as the legal status of Kratom is currently somewhat volatile throughout the nation.

We at Green House Kratom will attempt to keep our customers informed about the current legal status of Kratom within the United States, however, we make no guarantee that the information provided here will always be entirely up to date or accurate. It is up to all individuals to do their due diligence and be familiar with the laws of the regions that pertain to them.

Also, if you have any news pertaining to laws that you would like to share with us, please contact us and we will update the information above. Thank you for all your support!

Citations

#	Citation
[1]	W. C. Prozialeck PhD, J. K. Jivan BS and S. V. Andukar PhD, "Pharmacology of Kratom: An Emerging Botanical Agent With Stimulant, Analgesic and Opioid-Like Effects; JAOA special communication; Vol 112 No. 12, p. 792-799," Dec. 2012. Available: ​http://www.jaoa.​osteopathic​.org/content/112​/12/792​.full.pdf.
[2]	J. E. Adkins, E. W. Noyer and C. R. McCurdy, "Mitragyna speciosa, A Psychoactive Tree from Southeast sia with Opioid Activity; Current topics in Medicinal Chemistry; Vol. 11, iss. 9, p. 1165-1175," 2014. Available: ​http://www.eureka​select​.com/87838​/article .
[3]	Wikipedia, "Wikipedia," 6 9 2014. Available: ​https://en.wikipedia​.org/wiki​/Mitragyna_​speciosa#Description .
[4]	United States Department of Agriculture; Agricultural Research Service, Beltsville Area; Germplasm Resources Information Network (GRIN) , "GRIN Taxonimy for Plants," 5 Jan. 2012. Available: ​http://www.ars-grin​.gov/cgi-bin/npgs​/html/taxon​.pl?417532 .
[5]	B. Vicknasingam, S. Narayanan, G. Beng and S. Mansor, "The informal use of ketum (Mitragyna speciosa) for opioid withdrawal in the northern states of peninsular Malaysia and implications for drug substitution therapy.," 21 July 2010. Available: ​http://www.ncbi​.nlm​.nih​.gov​/pubmed​/20092998 .
[6]	S. Suwanlert, "A Study of Kratom Eaters in Thailand; Bulletin on Narcotics, 1975; Vol 27(3): 21-27," 1975. Available: ​https://www.erowid​.org​/plants​/kratom​/kratom_​journal3.shtml .
[7]	C. J. Prast and K. L. Jansen, "Ethnopharmacology of Kratom and the Mitragyna Alkaloids; Journal of Ethnopharmacology (Elsevier Scientific Publishers Ireland Ltd.);V.23,p.115-119;," 1988. Available: ​http://entheology​.com/wp-content​/uploads/kratom-research​/1988_​std005.pdf .
[8]	E. Field, "Mitragynine and mitraversine, two new alkaloids from species of Mitragyne.," Transactions of the Chemical Society, vol. 119, pp. 2887-891, 1921. Available: ​https://books​.google​.com​/books
[9]	European Monitoring Centre for Drugs and Drug Addiction, "Drug profiles ->Kratom," 23 February 2012. Available: ​http://www.emcdda​.europa​.eu​/publications​/drug-profiles​/kratom .
[10]	S. Z. Idid, L. B. Saad, H. Yaacob and M. M. Shahimi, "EVALUATION OF ANALGESIA INDUCED BY MITRAGYNINE, ASEAN Review of Biodiversity and Environmental Conservation (ARBEC); Phytochemistry, Volume 25, Issue 12, 1986, Pages 2910-2912," May 1998. Available: ​http://entheology​.com/wp-content​/uploads/kratom-research​/1998_​std004.pdf .
[11]	F. N. Idayu and T. M. Hiday, "Antidepressant-like effect of mitragynine isolated from Mitragyna speciosa Korth in mice model of depression; Antidepressant-like effect of mitragynine isolated from Mitragyna speciosa Korth in mice...; Phytomedicine; Volume 18, Issue 5 , Pages 402-407" 15 March 2011. Available: ​http://www.phyto​medicine​journal​.com​/article​/S0944-7113(10)00265-5​/abstract . [Accessed 28 Sept. 2010].
[12]	E. Boyer, K. Babu, J. Adkins, C. McCurdy and J. Halpern, "Self-treatment of opioid withdrawal using kratom (Mitragynia speciosa korth).; Addiction; v6,p.1048-50," Jun. 2008. Available: ​http://www.ncbi​.nlm​.nih​.gov​/pubmed​/18482427 .
[13]	P. J. Houghton and I. M. Saida, "Acute and long-term effects of alkaloid extract of Mitragyna speciosa on food and water intake and body weight in rats; Fitoterapia; v.5,p.339-45," July 2006. Available: ​http://www.ncbi​.nlm​.nih​.gov​/pubmed​/16781828 .
[14]	hdth, "high blood pressure spike with kratom; Drugs-Forum;," 17 8 2014. Available: ​https://www.drugs-forum​.com​/forum​/showthread​.php?t=251619 . [Accessed 7 9 2014].
[15]	Drug Enforcement Administration; Office of Diversion Control; Drug & Chemical Evaluation Section, "KRATOM (Mitragyna speciosa korth)(Street Names: Thang, Kakuam, Thom, Ketum, Biak)," Jan. 2013. Available: ​http://www.dea​diversion​.usdoj​.gov​/drug_chem_info​/kratom.pdf .
[16]	F. Kapp, H. Maurer, V. Auwärter, M. Winkelmann and M. Hermanns-Clausen, "Intrahepatic cholestasis following abuse of powdered kratom (Mitragyna speciosa).;J Med Toxicol.;V.3,P.227-31," 7 Sept. 2011. Available: ​http://www.ncbi​.nlm​.nih​.gov​/pubmed​/21528385 .
[17]	J. Nelsen, J. Lapoint, M. Hodgman and K. Aldous, "Seizure and coma following Kratom (Mitragynina speciosa Korth) exposure.; J Med Toxicol.; v.4,p.424-6," 6 Dec. 2010. Available: ​http://www.ncbi​.nlm​.nih​.gov​/pubmed​/20411370 .
[18]	Shaman, "Kratom: What Is It?;," 2004. Available: ​http://www.iam​shaman​.com​/kratom​/kratom.htm . [Accessed 9 Dec. 2014].
[19]	Herbal-Highs-Shop.com, "Kratom;," Available: ​http://herbal-highs-shop.com . [Accessed 9 Dec. 2014].
[20]	"The Herbal High Co (UK based herbalhighs.co.uk), kratom-extract," Available: ​http://www.herbal​highs​.com​/product​/kratom-extract/ . [Accessed 9 Dec. 2014].
[21]	U. S. F. a. D. Administration, "FDA News Release - U.S. Marshals seize botanical substance kratom from southern California facility;," 25 Sept. 2014. Available: ​http://www.fda​.gov​/newsevents​/newsroom/press​announcements​/ucm416318.htm .
[22]	U. S. F. a. D. Administration, "Import Alert 54-15," 7 Nov. 2014. Available: ​http://www.access​data​.fda​.gov​/cms_ia​/importalert​_1137.html .
[23]	"Tennessee Pub. Chp. No. 161 Section 6," 16 Apr 2013. Available: ​http://state​.tn.us​/sos/acts​/108/pub​/pc0161.pdf . [Accessed 16 12 2014].
[24]	"Tennessee Code Ann. 2014 Title 39-17-452 (a)(2)(R)," 2014. Available: ​http://www.lexis​nexis.com​/hottopics​/tncode/ . [Accessed 16 12 2014].
[25]	"Wisconsin Statutes Chapter 961," 2014. Available: ​https://docs​.legis​.wisconsin​.gov​/statutes​/statutes/961 . [Accessed 16 12 2014].
[26]	"2013 WISCONSIN ACT 351 Sections 30-31," 23 Apr. 2013. Available: ​http://docs​.legis​.wisconsin​.gov​/2013/related​/acts/351 . [Accessed 16 12 2014].
[27]	"Vermont Board of Health Regulated Drugs Rule," 2014. Available: ​http://health​vermont​.gov​/regs​/documents​/regulated_drugs_​rule.pdf . [Accessed 17 12 2014].
[28]	"Illinois Public Act 098-0981," 18 Aug 2014. Available: ​http://www.ilga​.gov​/legislation​/publicacts​/fulltext.asp?​Name=098-0981 . [Accessed 16 12 2014].
[29]	"Sarasota County Ordinance No.2014-013," 2014. Available: ​https://www.scgov​.net​/HumanServices​/Designer%20​Drugs%20​Ordinance.pdf . [Accessed 17 12 2014].
[30]	"Broward County Public Hearing Minutes AI-17895," 28 Oct. 2014. Available: ​http://205.166​.161.204​/agenda_​publish.cfm . [Accessed 17 12 2014].
[31]	"Broward County Meeting Agenda search for "kratom"," Available: ​http://205.166​.161.204​/adv_search_​results.cfm?​fp=ADVSRCH&id=​ . [Accessed 17 12 2014].
[32]	"MI HB5736 | 2013-2014," 9 Sept 2014. Available: ​http://legiscan​.com​/MI/bill​/HB5736/2013 . [Accessed 17 12 2012].
[33]	"Michigan-2013-HB5707-Introduced Sec. 7220 (1)(c)(ii)(D)," 30 July 2014. Available: ​http://legiscan​.com​/MI/text​/HB5707/id​/1039605​/Michigan-2013-HB5707-Introduced.html . [Accessed 17 12 2014].
[34]	"Louisiana HB19 2014; HLS 14RS-244," 15 Jan. 2014. Available: ​http://legiscan​.com​/LA/text​/HB19/id​/918195​/Louisiana-2014-HB19-Introduced.pdf . [Accessed 17 12 2014].
[35]	"Bill Texts: LA HB19 | 2014 | Regular Session | Texts," 10 Mar 2014. Available: ​http://legiscan​.com​/LA/drafts/​HB19/2014 . [Accessed 17 12 2014].
[36]	"Iowa House File HF2335," 14 Mar. 2014. Available: ​http://legiscan​.com​/IA/text​/HF2355​/id/966214​/Iowa-2013-HF2355-Introduced​.html . [Accessed 17 12 2014].
[37]	"IA HF2355 | 2013-2014 | 85th General Assembly | H.J. 498," 14 March 2014. Available: ​http://legiscan​.com​/IA/drafts​/HF2355​/2013 . [Accessed 17 12 2014].
[38]	"IA SF2123 | 2011-2012 | 84th General Assembly," 4 Apr 2012. Available: ​http://legiscan​.com​/IA/bill​/SF2123​/2011 .​ [Accessed 17 12 2014].
[39]	"Iowa Senate File 2123 | S-5157," 3 Apr 2012. Available: ​https://www.legis​.iowa​.gov​/docs​/publications​/SCS/15443.pdf . [Accessed 17 12 2012].
[40]	"Iowa Senate File 2341 2012 - introduced," 25 Apr 2012. Available: ​http://legiscan​.com​/IA/text​/SF2341/id​/635604​/Iowa-2011-SF2341-Introduced.html . [Accessed 17 12 2014].
[41]	"IN SB0305 | 2014 | Regular Session," 10 Feb 2014. Available: ​http://legiscan​.com​/IN/bill​/SB0305​/2014 . [Accessed 17 12 2014].
[42]	"Indiana-2014-SB0305-amended," 24 Jan 2014. Available: ​http://legiscan​.com​/IN/text​/SB0305​/id/937651​/Indiana-2014-SB0305-Amended.pdf . [Accessed 17 12 2014].
[43]	"Oaklahoma-2014-HB2666-Introduced," 15 Jan. 2014. Available: ​http://webserver1​.lsb.state​.ok.us​/2013-14bills/HB​/HB2666_int.rtf . [Accessed 17 12 2014].
[44]	"Oaklahoma-2014-HB2666-enrolled," 17 Apr. 2014. Available: ​http://webserver1​.lsb.state​.ok.us​/2013-14bills/HB​/HB2666_int.rtf . [Accessed 17 12 2014].
[45]	"Arizona-2014-HB2453-Introduced," 30 Jan 2014. Available: ​http://legiscan​.com​/AZ​/text/HB2453​/id/922901​/Arizona-2014-HB2453-​Introduced.html . [Accessed 17 12 2014].
[46]	"Arizona-2014-HB2453-Chaptered," 15 Apr. 2014. Available: ​http://legiscan​.com​/AZ/text​/HB2453​/id/1011821​/Arizona-2014-HB2453-​Chaptered.html . [Accessed 17 12 2014].
[47]	"Massachusetts-2011-H526-Introduced," 13 Jan 2011. Available: ​http://legiscan​.com​/MA​/text/H526​/id/166358​/Massachusetts-2011-H526-​Introduced.pdf . [Accessed 17 12 2014].
[48]	"Massachussetts 2011-2012 HB 526," 31 7 2012. Available: ​http://legiscan​.com/MA​/bill/H526​/2011 . [Accessed 17 12 2014].
[49]	"MA H4364 2011-2012," 1 Jan. 2013. Available: ​http://legiscan​.com​/MA​/bill/H4364​/2011 . [Accessed 17 12 2014].
[50]	"www.speciosa.org; Kratom Legality Map," Available: ​http://speciosa​.org​/kratom-legality-map​/#FL . [Accessed 17 12 2014].
[51]	"http://www.botanical​legal​defense​.org," Available: ​http://www​.botanical​legal​defense.org/ . [Accessed 17 12 2014].
[52]	"CS/SB 764: Controlled Substances 2015," March 17 2015. Available: ​http://www.fl​senate​.gov​/Session/Bill​/2015/0764 . [Accessed 22 4 2015].
[53]	"Broward opts not to ban kratom -- for now"; sun-sentinel.com; Oct28 2014. Available: ​http://www.sun-sentinel​.com​/local​/broward/fl-kratom-ban-broward-20141028-​story.html . [Accessed 22 4 2015].
[54]	"Bill Texts: LA HB147 | 2015 | Regular Session | Summary," 27 Apr 2015. Available: ​http://legiscan​.com​/LA/bill​/HB147/2015 . [Accessed 28 4 2015].
[55]	"Bill Texts: IN SB0093 | 2015 | Regular Session | Summary," 10 Mar. 2015. Available: ​http://legiscan​.com​/IN/drafts​/SB0093/2015 . [Accessed 28 4 2015].
[56]	"Bill Texts: TN SB0318 | 2015 | Regular Session | Summary," 24 Apr. 2015. Available: ​http://legiscan​.com​/TN/drafts​/SB0318/2015 . [Accessed 28 4 2015].
[57]	"Bill Texts: NJ A4431 | 2014-2015 | Regular Session | Summary," 11 May 2015. Available: ​https://legiscan​.com​/NJ/bill​/A4431/2014 . [Accessed 14 5 2015].
[58]	"Bill Texts: TN SB0318 | 2015-2016 | 109th General Assembly | Summary," 6 May 2015. Available: ​https://legiscan​.com​/TN/bill​/SB0318/2015 . [Accessed 14 5 2015].
[59]	"Bill Texts: TN HB0287 | 2015-2016 | 109th General Assembly | Summary," 6 May 2015. Available: ​https://legiscan​.com​/TN/bill​/HB0287/2015 . [Accessed 14 5 2015].