It seems like yesterday no one knew about the Kratom Consumer Protection Act (KCPA). Now, it’s a hot topic in as one after the other, the US states are either reviewing or passing it.
Despite appearing seemingly out of nowhere, it has actually been in development for quite a while.
Let’s take a look at what the Kratom Consumer Protection Act is, who’s behind it, whether we need it and why.
What Is Kratom Consumer Protection Act?
Kratom Consumer Protection Act is a bill that aims to regulate kratom trade in the United States. It covers the following topics:
- manufacture, distribution, sale, and possession of kratom,
- manufacture, distribution, and sale of contaminated or adulterated kratom,
- any age limits,
- fines and penalties,
- testing kratom,
- labeling kratom products.
It aims to ensure kratom vendors only sell kratom that’s clean and high quality and to prevent the instances of contamination and other negative occurrences with kratom.
What Is in the Kratom Consumer Protection Act?
While the Kratom Consumer Protection Act has standard text, individual states can amend it and develop their own version of it that better suits each state’s agenda.
Nonetheless, these are some of the regulations that this bill includes:
- prohibiting the sale of kratom to minors, i.e., anyone under the age of 18,
- disclosing if any food item contains kratom,
- prohibiting the sale of kratom products that have been adulterated and/or contaminated with any dangerous substance(s) that are not kratom,
- disallowing any kratom products that are packed with or contain dangerous substance(s) that affect the strength and/or quality of kratom in a way that can hurt or injure the customer,
- prohibiting any kratom products that are mixed with or packed with any substance(s) scheduled in the respective state,
- forbidding the sale of any kratom product that contains more than 2% of 7-hydroxymitragynine,
- prohibiting the sale of any kratom product that contains synthetic kratom alkaloids or a synthetic version of any other natural kratom compound,
- labeling the kratom product and stating the ingredients and origin of kratom,
- disclosing the amount of mitragynine and 7-hydroxymitragynine that each kratom product contains.
If kratom vendors do not comply with these regulations, they face fines or even criminal charges. For instance, they may need to pay a fine that can be up to $1000 dollars. Certain violations may even lead to 90 days of imprisonment.
Keep in mind, however, that if your state passes the Kratom Consumer Protection Act, it may not necessarily be identical to what we have listed above. Since states can modify it, the version of your state may be slightly different.
Who’s Behind It and How Did it Come to Be?
The fight against kratom started around 2013. That’s when the first bills to ban it were introduced. A few years later, the DEA issued a statement on willing to proceed with immediate scheduling of kratom.
A petition against a kratom ban gathered over 145,000 signatures, and the White House received over 6,000 letters about kratom. A comment section allowed by the White House received over 23,000 comments 99% of which were positive.
Since the FDA did not recognize kratom, there were no regulations that vendors would need to comply. This resulted in several incidents of contaminated or adulterated kratom reaching the market.
Since there are no regulations that would require kratom vendors to comply, the AKA and the BEA were looking for ways in which they could improve the kratom experience for consumers. First, AKA established the Good Manufacturing Practice (GMP) program in 2018. But that is not mandatory.
So, both organizations developed the Kratom Consumer Protection Act and started lobbying it to lawmakers in different states of the U.S.
Do We Need the KCPA and Why?
Yes, we do. Kratom is not regulated statewide. This means that it all came down to what each individual vendor’s stance and motivation was. Some care about delivering the highest quality product to their customers. Others, however, care about their own profits more.
There are plenty of vendors that sell old, low-quality, or even fake or adulterated kratom. Not all old, low-quality and fake kratom is dangerous. Nonetheless, there should not be a reason for customers to pay for something that is not delivering the results that they are looking for.
There are vendors who label and advertise kratom incorrectly. For instance, they may state that the product provides effects that by no means have anything to do with kratom.
All this not only puts the kratom customers at risk but also can severely damage the reputation of kratom. That eventually could lead to a nationwide kratom ban.
If passed, the Kratom Consumer Protection Act is a state law. This means that kratom vendors must comply with it and ensure that they only offer completely natural, clean, and quality kratom for sale.
Therefore, the KCPA isn’t just good news. It’s wonderful news!
If you are interested in knowing what States are currently reviewing or have passed the Kratom Customer Protection Act, check out our kratom legality post. We update it as soon as we hear about any news on the topic.