What Is the Kratom Consumer Protection Act?

Recently, we are being bombarded with news about the FDA trying to ban kratom. In fact, the FDA discredit campaign is raising concern among those who depend on kratom to have a normal life, away from pain and other conditions. But why does the FDA want to ban kratom? And, which measures are being taken to prevent this from happening?

To try to stop a potential ban, the American Kratom Association has come up with the Kratom Consumer Protection Act. And they are planning on meeting with state legislators, scientists, health practitioners, law enforcement officers, and other professionals to let them know about it. But what is the Kratom Consumer Protection Act that AKA is promoting? In this article, we’ll try to clarify all about it.


Why Does the FDA Want to Ban Kratom?


For the past years, the US is suffering from an opioid epidemic, in fact, more than 900 people die from opioid overdose weekly in the country. The reason for this lies in the fact that many individuals are using prescription opioids to treat conditions such as pain. And, at the same time, others use drugs like heroin or synthetic opioids, such as fentanyl that they can find in the black market. As a result, millions of Americans are considered to be addicted to opioids today. And, this problem has negatively affected kratom and the perception of many individuals about the plant.

On the other hand, the FDA has wrongly classified kratom as an opioid. However, this has been proven wrong in some studies. Moreover, kratom doesn’t cause respiratory depression, which is the main cause of death among opioid consumers.

Additionally, the FDA has wrongly attributed 44 deaths to kratom. But all these cases have been refuted too, as in most cases other substances were involved.


American Kratom Association Kratom 8 Factor Study


In order to prevent kratom from being scheduled under the Controlled Substances Act, the American Kratom Association commissioned Pinney Associates to conduct an independent study on kratom. According to the kratom 8-factor analysis that they conducted, it was clear that kratom doesn’t pose a risk to public health.

Therefore, they didn’t recommend banning kratom, as the negative effects of a potential ban would be greater than any benefits.


What Is the Kratom Consumer Protection Act?


To prevent a potential kratom ban, the American Kratom Association has started working with legislators and state officials to introduce what they’ve called: The Kratom Consumer Protection Act. The purpose of this legislation is to protect consumers from adulterated kratom products and, at the same time, to allow them to continue to have access to kratom.

To achieve this, the American Kratom Association has been talking to legislators, boards of pharmacy, medical examiners and law enforcement people to promote the Act.

The Act proposes that kratom products cannot be adulterated to contain more than 2% 7-hydroxymitragynine. However, as they consider that mitragynine is not a problem, there’s no reference to its content levels.

Why did they cap 7-hydroxymitragynine at 2%? Depending on the kratom strain and where it comes from, its alkaloids levels vary, and it can go up to that amount. And, as long as 7-hydroxymitragynine is below 2% it doesn’t pose any health risks.


legal book and notepad next to a coffee cup


What Does the Kratom Consumer Protection Act Propose?


The Kratom Consumer Protection Act proposes the following topics:

  • Kratom products that have been adulterated with substances that have the purpose of creating any psychoactive effects cannot be sold
  • Only people of 18 years and over can purchase kratom products
  • Kratom products must be labeled to show contents, so the consumer knows the alkaloid amount and any other substances included on the product
  • Kratom products may not contain any adulterants
  • The law wants to limit formulations of the alkaloid content in the plant. For instance, 7-Hydroxymitragynine content can’t exceed 2%
  • Ban any adulterants that alter the effect of the natural plant

However, this law doesn’t look to ban extracts or enhanced products. But the vendors need to make sure that 7-Hydroxymitragynine content is no higher than 2%.


Where Has the Kratom Consumer Protection Act Been Filed?


Currently, and thanks to the AKA efforts Utah has already introduced Senate Bill 58, the Kratom Consumer Protection Act. The bill doesn’t look to ban kratom, but to regulate how to sell it in the state. This is a great victory for kratom advocates and consumers, as it is a step towards regulation in other states.

Additionally, the AKA has filed or has commitments to file the Kratom Consumer Protection Act in the following states:

  • Arizona
  • Arkansas
  • Georgia
  • Kansas
  • Michigan
  • Missouri
  • Nevada
  • Ohio
  • Oregon
  • Rhode Island
  • Texas
  • Wisconsin

This is very important, as some of these states (i.e.: Arkansas and Missouri) have a current kratom ban.

The AKA is planning on taking this to every State legislator and to the Federal Government and, if possible, to the local jurisdictions that are banning or considering a ban on kratom.

What can you do to get the act pass in your state?

  • Reach out to your representatives and let them know your concerns.
  • Show up at the hearings regarding this matter and add your voice.
  • Email your representatives about the Act.

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