KRATOM CONSUMERS PROTECTED UNDER THE KCPA

Kratom has received continuous criticism from the Food and Drug Administration, Drug Enforcement Agency, and even the Department of Health and Human Services for years. Kratom was even under threat of an international ban after the FDA proposal to the World Health Organization and the United Nations. Fortunately, the WHO recommended to not proceed with the international ban, due to the efforts of the American Kratom Association submitting thousands of testimonies and advocating against the ban.

In the midst of the constant legal battles that kratom has to face, the American Kratom Association was created to push for the legal use of kratom by bringing together lawmakers, lobbyists, lawyers, and scientists to advocate for this super leaf, and bring an end to the ban.

The American Kratom Association has 5 main goals:

1. To support consumers and make their needs a priority. This means to continue advocating for the consumers’ right to safe, clean kratom.
2. To educate all Americans about the benefits of kratom.
3. To amplify the voices of kratom advocates and make sure government authorities hear their story.
4. To increase global awareness of responsible use of the plant and push for legislation around the world.
5. To protect natural resources and support sustainable growing and harvesting techniques, as well advocate for reforestation efforts.

With the previous potential international ban on kratom, fulfilling these goals is more important than ever. This is where the Kratom Consumer Protection Act (KCPA) can play a huge role in the right for consumers to access this herbal supplement in a safe way.

What is the KCPA?

The purpose of the KCPA is to prevent kratom bans by implementing kratom regulations that protect consumers and keep kratom accessible to people who need it. It also reduces the sale and distribution of unregulated kratom products which have proven to be dangerous and harmful. It ensures that only approved kratom is sold amongst the market. Some of the requirements include:

• Proper labeling so that consumers know exactly what is in the product, as well as include the alkaloid content percentages so that they know the potency of their kratom.
• Age restriction enforcement so it does not get into the hands of minors.
• Proper testing standards to ensure the product is safe for consumption
• Kratom being sold must be pure and unadulterated with synthetic alkaloids. Some companies artificially enhance the amount of 7-Hydroxymitragynine (7-OH). 7-OH levels may not exceed 2% of the total alkaloid content. This was established because natural kratom always has less than 2% of 7-OH.

The AKA has lobbied for the KCPA to pass in several states, including Utah, Georgia, Oregon, Arizona, Oklahoma, and Nevada. The AKA currently has lobbyists that work in every state to help pass this act. With the AKA assisting in the legislative process, this aids in educating state legislators who may be on the cusp of supporting a kratom ban while having little understanding on what kratom actually is. According to their website, the AKA is “committed to restoring full consumer access to kratom and to preserve and protect the freedom of consumers in the United States to make their own choices on their well-being and maintaining a healthy lifestyle”. Hover over the states in the map below to learn about the legislation in each state:

States that have passed the Kratom Consumer Protection Act (KCPA)

Nevada

With advocacy from the AKA, Assembly Bill No.303 was introduced to Nevada in March, 2019, and passed by the Governor in June, 2019. This bill was sponsored by Representative Jim Wheeler and Steve Yeager. The KCPA passed in the House with 29 votes to 12, and passed unanimously in the Senate, with all 20 voting to pass the bill. The Bill requires the State Board of Pharmacy to regulate and govern the product, sale, distribution, and advertising of kratom products. Adulterated and contaminated kratom may not be sold in Nevada, and the sale of kratom to minors is prohibited. All kratom products must also have proper labeling. The bill also cites civil penalties for those in violation of the Act.

Utah

Utah was the first state to pass the KCPA in February, 2019, which finally became effective in May 2019. Senate Bill 58, was sponsored by Senator Curtis Bramble and Representative Brad Daw. This Act requires distributors and sellers to follow proper labeling requirements for their kratom products, prohibits the sale of specific kratom products, and establishes penalties for violating the KCPA. Under Utah’s kratom law, sellers are also required to register with the Department of Agriculture and Food. The Department regulates any fees and sets standards, as well as enforces the KCPA throughout the state.

Oklahoma

Oklahoma is the most recent state to pass the KCPA. House Bill 1784 was introduced in January 2021, and enrolled in May 2021. The Bill was passed 91 to 1 in the Senate, and 36 to 10 in the House. The Oklahoma KCPA prohibits the sale and distribution of adulterated and contaminated kratom products, and kratom products containing greater than 2% 7-OH as well as synthetic alkaloids. All kratom products in Oklahoma must adhere to proper labeling and cannot be sold to individuals under 18. The Act enforces that any violations will be punishable by law.

Arizona

House Bill 2550, Arizona’s KCPA, was signed into law in April, 2019 by Governor Douglas Ducey after being passed by the House and Senate. Governor Ducey made clear that he supports the bill to prohibit sale to minors, but does not endorse the consumption of kratom to adults. Arizona’s KCPA outlines that vendors provide full disclosure on the product label to ensure that it is safe for consumption, as well as prohibit the sale of adulterated and contaminated products, products that contain synthetic alkaloids, and products with a 7-OH level greater than 2%. Under this act, kratom cannot be sold to minors and any violations will result in a misdemeanor.

Georgia
In 2019, Senate Bill 223 was passed to amend Chapter 13 of Title 16 of the Official Code of Georgia, officially enacting the KCPA in Georgia with overwhelming support. The Bill, sponsored by Senator Jeff Mullis, established the recommended levels of kratom alkaloids, prohibited sales and access of kratom to minors, and outlined the proper labeling requirements for kratom products. It also enforces penalties to violators of the act. The bill also expressed the General Assembly’s stance to protect kratom users stating that the “benefits and safety risks of kratom… is important to the public welfare of the citizens of Georgia.”

St. Charles County, Missouri

In October, 2019, St. Charles County passed the Kratom Seller Registration Ordinance #19-070, Chapter 237. This requires kratom retailers to register online as well as pay a fee. Retailers must comply with proper labeling and inspection procedures. The law also refrains kratom sellers from selling adulterated, enhanced, or contaminated kratom products, and prohibits the sale of kratom to minors. Their website states that “while not banned, kratom IS NOT County approved and is in no way deemed safe for use by the passage of this seller registry.”

How does Super Speciosa support the KCPA?

Providing safe, high-quality kratom is one of our top priorities for our customers. All our labeling is compliant with the KCPA rules and regulations. We include the supplemental facts and serving size. Every product comes with the mitragynine and 7-OH content, expiration date, batch number, and a QR code that takes you directly to the specific lab result for that batch. All of our kratom is produced in our Good Manufacturing Practice (GMP) approved facility and are produced under strict quality control guidelines set forth by the AKA. None of our kratom is adulterated, ever. No synthetics, no additional ingredients, just pure mitragyna speciosa leaf. We set the standards within the industry so that other companies can also follow suit, and provide safe kratom for all.