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Kratom Consumer Protection Act: Here’s What You Need to Know

November 17, 2020 by Speciosa Guide 6 Comments

kratom consumer protection act

[Latest update: November 2020]

Spring, 2019, came with a new term in the kratom world. The Kratom Consumer Protection Act. Just a few weeks prior, no one knew about it. Suddenly, about a dozen states were considering it, and it was popping in the news at least every other day.

So, you may be wondering what the Kratom Consumer Protection Act is and what’s the big deal about it.

Therefore, we’ve done some research to answer all of your questions about the Kratom Consumer Protection Act.

What Is Kratom Consumer Protection Act?

The Kratom Consumer Protection Act or KCPA for short is a bill that intends to regulate kratom and ensure safe access to it in individual states.

Developed by representatives of the American Kratom Association (AKA) and the Botanical Education Alliance (BEA), it intends to make kratom use as safe as possible for the consumer and prevent any negative incidents such as contamination or adulteration that could potentially push the authorities to ban kratom in the entire US.

The Kratom Consumer Protection Act covers the production, sales, possession, and labeling requirements of kratom. It also defines an age limit for kratom sales, possession, as well as the use of kratom.

Some of the statements proposed in it are:

  • Production, sales, and distribution of adulterated, contaminated, or otherwise unsafe kratom products cannot be sold.
  • Only individuals over the age of 18 can buy kratom.
  • All kratom products need to be labeled and disclose the content of mitragynine and 7-hydroxymitragynine.
  • Kratom vendors cannot produce, import, or sell any kratom products that have more than 2% of 7-hydroxymitragynine of the total alkaloid content.
  • Vendors must state the contents of any kratom product, the exact alkaloid content, and the origin of the product.
  • Producing, selling, or distributing contaminated, adulterated, or otherwise unsafe kratom or kratom products leads to fines or incarceration.

The AKA presents the Kratom Consumer Protection Act and lobbies it in individual states. It is a guideline to educate the authorities and serve as a guideline to what is important to make kratom safe for the consumers. However, states can modify and amend it.

While it appears that the Kratom Consumer Protection Act came out of the blue and seemingly overnight, it’s not actually the case. The AKA and the BEA were looking for ways to ensure that kratom remains legal yet is also safe to users for a long time.

Best Kratom Quiz

Why Do We Need the Kratom Consumer Protection Act?

In 2016, the DEA announced its intent to ban kratom in the entire country. This received a massive backlash from the kratom community. Kratom users and supporters expressed their strong support for the herb in a variety of ways such as signing petitions, leaving comments, and sending letters to the DEA.

In the meantime, regulating kratom nationwide as a medication or dietary supplement would be much harder, more expensive, or even impossible. To make it a regulated drug with approved medical properties, it would require decades of research and study and millions or possibly billions of dollars.

While the University Of Florida College Of Pharmacy received a $3.5 million grant for 2 years of kratom study and another 5-year grant worth $3.4 million, that alone will most likely not be enough.

In addition to that, if kratom was truly recognized by the FDA, we do not know how that would affect the price of kratom and availability. The UF team studying kratom has already concluded that kratom may be beneficial in overcoming opioid addiction. As a result, it may simply become another expensive drug that the masses cannot afford.

Kratom also does not completely comply with the Dietary Supplement Health and Education Act of 1994 which would be able to recognize kratom as a dietary supplement. While the AKA made a step forward by developing its Good Manufacturing Practices in 2018, the AKA’s meeting request is still being ignored by the FDA.

The Good Manufacturing Practices program or GMP  also has its flaws. It’s completely voluntary, and incompliance with it simply leads to losing the GMP status. Vendors do not actually get punished by fines or otherwise for improper actions.

So, the fact the Kratom Consumer Protection Act is being positively received by many states, is excellent news.

Which States Have Signed the Kratom Consumer Protection Act?

Utah became the first state to regulate kratom. The Utah Senate reviewed the Kratom Consumer Protection Act and passed it on March 26, 2019.

Arizona passed the Kratom Consumer Protection Act a month later, in April 2019. So did Georgia.

Nevada joined the states that regulate kratom a month later.

Kratom Consumer Protection Act KCPA by States November 2020
Latest update: November 2020

Which States Are Currently Reviewing the Kratom Consumer Protection Act?

According to the AKA, in November 2020, about a dozen states are considering the Kratom Consumer Protection Act. Even more are being planned to be targeted.

The states that are currently reviewing or considering the Kratom Consumer Protection Act or their own variation of it are:

  • Rhode Island – kratom is currently illegal in Rhode Island, there is a bill that may reverse the ban
  • Vermont – kratom is currently illegal in Vermont, there is a bill that may reverse the ban
  • Missouri
  • Idaho
  • Illinois
  • Louisiana
  • Ohio
  • New York

Rhode Island where kratom is currently illegal was already considering the KCPA once but the bill died in committee. Hopefully, this attempt succeeds.

Oregon also had a bill on regulating kratom, but they decided not to do it at the time. Maine, New Hampshire, and Kansas also had KCPA bills, but they failed.

What Can Kratom Supporters Do?

While the AKA is doing what it can to ensure that kratom buyers have safe and easy access to the herb, it’s a non-profit organization that is limited by budget. Therefore, it requires support from the kratom community to keep lobbying the Kratom Consumer Protection Act in more states.

If you would like to make sure that kratom remains legal and is regulated in your state, you can do a variety of things.

First of all, you can donate money to the AKA. It can help them lobby it across more states in the US. Here is a relevant link:

  • Donate to the American Kratom Association

Secondly, you can sign any petitions that intend to keep kratom legal. Many petitions are filed via Change.org platform. You can keep an eye on those in your state. You can also join a kratom supporter group, where you can get quick access to any action from other kratom supporters.

Finally, you can make a statement by choosing to buy kratom from a vendor who cares about the future of kratom and keeping it legal. Make sure to thoroughly research whom you choose to buy kratom from.

If you aren’t quite sure whom to buy kratom from, we outline our tips on how you can avoid kratom buying mistakes in our Kratom Buying Guide that you can download from us or free. We’ll send it to you in exchange for your e-mail.

Rest assured that your email address will be safe with us. We’ll only use it to send you updates on new blog posts on kratom, kratom legality news, any important petitions that are active, and any other interesting bits of information that we found online.

[Latest update: November 2020]

What do you think of the Kratom Consumer Protection Act? Have you heard any news about kratom legality in your state? We make sure to include the latest information on it. However, if we have missed anything, feel free to leave a comment below and let us know. 

Filed Under: News Tagged With: kratom ban, kratom consumer protection act, kratom legality United States, kratom news

Kratom: A Life-Saving Plant Mistaken for Drugs

September 12, 2018 by Speciosa Guide Leave a Comment

Kratom Plant

Kratom has attracted quite a lot of attention in the media. Some praise its healing properties and call it a miracle herb. Others label it as a life-threatening kratom drug and advocate for the kratom ban. Each of the sides claims that the other one spreads false claims.

It’s easy to get confused about whom you should listen to.

Especially that kratom is illegal in several countries as well as in specific locations within the USA. Both the FDA and DEA warn against using the kratom drug claiming that it’s an opiate and can cause death.

So, whom should you side with in this debate?

Is kratom an opiate or not?

How does kratom work?

Is kratom safe? Or should we side with the kratom ban arguments?

Is it a truly dangerous fatal drug or simply a life-saving yet misunderstood miracle herb?

Let’s delve deeper into it and find out.

What Is Kratom?

Kratom, or Mitragyna Speciosa, is a plant from the coffee tree family that’s native to Southeast Asia. It’s rich in alkaloids and has numerous health benefits. Some of the most popular ones include relaxation, increased energy, pain relief, and reduced anxiety and stress. But, these differ according to the dosage and the type of kratom taken.

There are generally four types of kratom: red vein, green vein, white vein and yellow vein. Each has its own unique set of benefits.

Kratom comes in the form of powder, capsule, tea, and extract.

Popular Arguments Against Kratom (and What’s Wrong about Them)

Kratom Drug Is Causing an Increasing Number of Deaths

Some of the FDA’s most arduous arguments against the use of kratom are that it causes addiction, seizures, liver and kidney failure, and even death.

In 2016, it wanted to ban kratom and include it in the Schedule I list. One that’s reserved for only the most dangerous drugs. This would have not only made kratom illegal, but also would have drastically limited the possibility to perform studies on it.

In a press release in early 2018, an FDA representative stated that the kratom drug had claimed 44 lives at that point.

However, the cases presented were rather inconclusive. In most of them, kratom wasn’t the only substance present in the blood of the deceased.

The same occurred in 2019 when the CDC released a report on nearly 100 deaths by kratom. According to postmortem toxicology results, just 7 of the victims had only kratom present in their blood and, even in those cases, the CDC admitted the possible presence of other drugs.

When it comes to drug tests, such as those needed for employment, most standard tests do not test for kratom.

Kratom Drug Art

Incomplete and Inaccurate Interpretation of Kratom Death Reports

Instead, these people took kratom together with drugs, alcohol, and prescription medication with clearly stated fatal risks.

Some of the deaths also included homicide, suicide, and falling out of the window after which the person refused medical treatment. Neither one of which had been directly caused by kratom itself. One death was even counted as two because it had been reported twice.

Yet, since kratom was in their blood, the FDA stated it as the main cause of death. (A more detailed report on these deaths and their cause can be found here.)

The FDA also refers to and sometimes includes in the number of kratom drug fatalities nine deaths that occurred in Sweden in 2010. Interestingly though, these deaths weren’t caused by pure kratom. Instead, the deceased took pills that contained kratom laced with synthetic opioids.

So, was kratom the actual cause of these deaths? Or was it something else? Or perhaps kratom was simply a supplement that these people were taking to deal with something very serious and life-threatening, such as clinical depression?

Also, compared to the death toll caused by alcohol and opioid (both heroin and painkiller) overdose every year, which is 88,000 and 28,000 respectively, the danger of kratom seems rather…

…exaggerated.

Best Kratom Quiz

Kratom Is an Opioid

Is kratom an opioid or not is a question that puzzles many. Both kratom and opioids bind with opioid receptors. But, the way each of them interacts with these receptors is different.

When opioids bond with the receptors, they recruit certain proteins in the process. These proteins then regulate signal transduction in the body. Because of this, they are the ones causing respiratory depression and death. The most dangerous opioid side effects.

Is kratom an opioid then?

The answer is no. Kratom does not engage the proteins mentioned above.

As a result, even though the alkaloids in kratom do target the same receptors as opioids do, they themselves are not opioids and do not produce the same dangerous effect. As a result, kratom can provide relief from opioid withdrawal without the risks that opioids cause.

The FDA though states the opposite. They say that after investigations they have concluded that, if kratom acts like an opioid, that it indeed is one.

Broccoli Contamination

Kratom Can Cause Salmonella

In April 2018, there was a kratom related salmonella outbreak in the United States. According to the FDA data, 199 people in 41 states fell ill with salmonella after consuming contaminated kratom.

There is no denial of the fact that salmonella can be present in kratom. But, that’s not a strong enough reason for a complete kratom ban.

Salmonella can also be present in poultry, raw meats, eggs, as well as in unpasteurized milk and other products. It causes regular outbreaks. Yet, none of the contaminated products are getting banned. Just the infected batches.

The bigger problem does not lie in the fact that kratom can contain contaminants. But rather in the fact that the US doesn’t properly regulate it. It’s up to each individual seller to ensure that they test their product properly. That they offer high-quality, contaminant-free kratom to its buyers.

It’s easy for the governing institutions to place the blame on kratom. When, in actuality, there would be fewer instances of contaminated and otherwise unsafe kratom if it was regulated just like other herbal supplements available.

Kratom is Unsafe and Ineffective

The Mayo Clinic has an article that states just that. And there are many other sources in the media claiming the same.

According to them, studies on kratom brought up many safety concerns and no clear benefits. Governmental agencies also warn about the dangers that kratom poses to mental health.

Nonetheless, in late 2017, the University of Rochester published a review on kratom studies. It compiled the data from 57 years of international studies. The researchers focused on 13 different studies that collectively examined nearly 30,000 individuals.

Contrary to the claims of the FDA, DEA, and others, this review proves that kratom can indeed be a safer alternative to opioids. It also confirms that kratom can improve the mood and help with anxiety and other issues.

In addition, studies and researches on kratom are limited at this time. Because of that, we are not yet fully aware of the full potential of kratom and the alkaloids present in it. Nor do we know the full scope of the potential risks to properly advise users.

Kratom FDA Commissioner

Kratom Is Addictive

Another popular statement about kratom is that it is addictive. More specifically, according to statements by the FDA’s, data keeps showing that kratom is an opioid with strong potential for abuse and attention. Instead of being a cure for opioids, kratom is a gateway to continue the opioid addiction.

A solid reason to list it among the Schedule I drugs, isn’t it?

Yet, in 2016, a group of scientists and doctors conducted an 8-factor study according to the CSA (Controlled Substance Act). They concluded that kratom is not only safe, but also not nearly as potent in terms of abuse, tolerance, and dependence as claimed by the FDA.

As a matter of fact, it is even less addictive than many Schedule IV and V drugs and is also within the rage of many non-scheduled substances. Such as coffee and nasal nicotine spray.

The group has submitted their study to the FDA, but is yet to receive a response.

The FDA has also conducted its own studies which lead to the conclusion that kratom is an opioid. Why such a stark difference? How can two sides come up with radically different results using studies?

Are the FDA’s Studies on the Dangers of Kratom Reliable?

The answer lies in the way these studies were conducted. While the studies mentioned above were done on real people, the FDA has developed a computer program, called PHASE, that predicts the effects of kratom based on an algorithm.

There is a lack of transparency around PHASE. It has been developed in-house and very few details have been released about how it works.

Is it a reliable program or simply a means to confirm a bias?

Andrew Kruegel, a Columbia University chemist who has authored several studies on kratom, points out that the studies conducted by this algorithm are a lot less rigorous than many other studies on kratom.

The FDA also seems to be lumping all substances with opioid properties under the same category. When that isn’t a reliable practice.

Algorithms can be used in medicine, yet they need to be used in combination with other methods to yield accurate results. Because the effects of a substance on the human body depend on many more factors than simply a prediction of patterns.

Ignoring that would mean that the FDA isn’t actually conducting valid studies, but instead finding a way of proving its bias.

Big Pharma Money

What Causes This Debate?

We recently came upon an interesting article. It told about how big pharma is trying to extract the alkaloids found in kratom for medicinal use.

While we can’t claim the validity of this source, this is definitely some food for thought. It is also absolutely plausible.

Think about it. Morphine and codeine are two frequently used pain relief drugs in medicine. Both derive from raw opium and can be further processed into heroin. Which, by the way, is a Schedule I drug.

So, morphine is actual opioid and so is codeine. Yet, they are used in medicine.

Which leads us to think about one thing.

If kratom is truly effective in helping people to feel better yet easily available for purchase from individual vendors, then the pharmaceutical industry is losing out on lots and lots of money.

Wouldn’t that make sense if they’d like to take credit for the benefits of kratom and pocket all that income?

What’s Our Stance on All This?

As you already know, we are fully for people having easy and affordable access to kratom. No one should be denied the right to freely purchase a herbal supplement that is helping them.

Sadly though, we still do not know everything about kratom. There is a need for a greater number of controlled studies on the benefits and risks of kratom use.

That would provide users with the necessary information to make fully informed decisions.

Until then, it all comes down to personal responsibility. Taking adequate doses of kratom, and not mixing it with incompatible substances. Learning about different aspects of kratom, as well as purchasing it from trustworthy and credible vendors to avoid salmonella and other contaminants is also necessary.

Which is what our blog aims to help you with. Empower you with the knowledge you need to stay safe, get the most out of kratom, and make informed decisions.

If you like our content and find it useful, don’t hesitate to join our mailing list so that you get regular updates on similar content.

What is your stance on this topic? Is kratom dangerous? Are you for the kratom ban? Or, should it be studied in greater detail and be easily accessible in natural form? Feel free to share your thoughts with us.

Filed Under: News Tagged With: is kratom an opioid, is kratom safe, kratom ban

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