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Is Kratom Legal In My State?

If kratom piques your interest, you certainly wondered is kratom legal? Kratom legality depends on your state. There is a kratom ban in some states, while it is free to use in others.

Below is a handy list that breaks down the legality of kratom in every state.

  • Green: Kratom is legal to buy and have in your state.
  • Red: Kratom is illegal.
  • Purple: There is pending legislation on kratom. Action is necessary to prevent any scheduling or a ban.
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC

Is Kratom Legal? – A Quick Run Down

  • Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin – Kratom is illegal to buy, sell and use.
  • Illinois – Kratom is legal for use, with the exception of Jerseyville, to people over the age of 18.
  • New Hampshire – Kratom is legal to use for anyone over the age of 18.
  • California – Kratom is legal for use but banned in the city of San Diego.
  • Florida – Kratom is legal for use but banned in Sarasota County.
  • Mississippi – Kratom is legal for use but banned in Union County.
  • Colorado – Kratom is legal in Colorado, with an exception in Denver where it is “illegal for human consumption.”
  • Tennessee – Kratom was banned, but it was lifted in 2017 and is now legal to use for those over 21 years old.

In the remaining states:  Alaska, Arizona, Connecticut, Delaware, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming it is legal to consume, sell, and buy kratom.

Kratom Legality Infographic

Kratom Infographic


Alabama – ILLEGAL

Known as the Yellowhammer State, the populace of Alabama may be wondering if they can get their hands on kratom products. However, that’s not going to be possible. Two alkaloids that are the main components of kratom, hydromitragynine, and mitragynine, were banned by law on May 10, 2016. So, by default, kratom is illegal in Alabama. 

Alaska – LEGAL

At the moment there are no laws that exist at a federal or state level for kratom in Alaska. Kratom can be bought and consumed anywhere you wish, including in major cities such as Anchorage, Juneau, Fairbanks, Eagle River, and Badger. There are no restrictions in any region throughout Alaska. 

Arizona – LEGAL

A state that is one of the most popular in terms of tourists in the nation (44 million annually). A trip to Arizona may mean that you get your hands on kratom products, as it is legal to buy and use kratom in this state. While the future looked uncertain back in 2014 for the substance, it seems that the state has changed its mind on the matter. 2019 introduced a bill protecting kratom users.

Arkansas – ILLEGAL

If you’re heading to Arkansas, you may be on a road trip to the Crater of Diamonds state park. On the way, you may feel inclined to pick up some kratom products. However, that’s going to be difficult as kratom is illegal in this state. Up until 2013, you could buy all the kratom you wanted in Arkansas. A doctor’s mistake cost the state this fine product.

California – Legal everywhere but San Diego

While there is controversy over kratom in California it is legal to use everywhere except for San Diego. So, it is important that you know the laws and keeps current in this area because you should not have your kratom products on you if you travel to San Diego.

Colorado – Legal everywhere but Parker and Monument

This is the state that legalized marijuana and repealed its ban on alcohol a year before the rest of the States back in the 1930s. With this in mind, it shouldn’t come as a shock that kratom is perfectly legal in the Centennial State. However, there are a couple of exceptions. The product has to say “not for human consumption” on the label in the city of Denver. Secondly, vendors of kratom are not allowed to offer recommendations for their products. So, yes, it’s legal. But those two points of interest may deter some people from purchasing it. In addition, late in 2019, Parker and Monument banned kratom from their city limits. These are the first two areas in Colorado to ban the substance. 

Connecticut – LEGAL 

A small state, Connecticut is one of the biggest supporters of kratom. How so? Kratom is legal in all areas of the state. There are not any loopholes or situations where the government has tried to step in and ban it.

Delaware – LEGAL

Similar to Connecticut, Delaware is a small state that takes pride in the independence it gives its citizens. Even the state’s motto, “Liberty and Independence” makes it clear that kratom products are legal here. You won’t run into any red tape from the government, so feel free to travel to the state and buy some high-quality products like Green Dragon kratom.

Florida – LEGAL everywhere but Sarasota County 

Traveling to the state of Florida, you may wonder if you have the privilege of buying and consuming kratom. Sarasota County is the only county in the state that it’s both illegal to buy and sell kratom. Everywhere else is fair game. However, lawmakers are pushing for kratom to become a Class1 substance.

Georgia – LEGAL

As long as you’re above 18, you can consume and purchase kratom in Georgia. All kratom labels must show the consumer exactly what they’re getting. Are you looking to buy kratom locally? Atlanta is a hotbed of kratom shops, so make sure to make a trip to one of the biggest cities in the state.

Hawaii – LEGAL

The most recent territory to gain statehood in 1959. Hawaii is a destination hotspot for people looking to hit the beach and get away from life for a while. If you find yourself in the Aloha State, pick up some kratom. It’s legal in all parts of the state, and there are even 10 brick and mortar stores that you can visit in person.

Idaho – LEGAL

If you’re looking for a state that you can buy kratom in without the fear of prosecution, then you may consider visiting Idaho. Currently, there is a push to revamp the laws regarding Kratom, but it will not hinder you from buying it. The law was introduced in June of 2019 and is based on the regulation of kratom. This law would ensure kratom is pure when being sold and not tampered with. It’s nice to know the government in Idaho is looking out for people who want to buy kratom locally.

Illinois – LEGAL everywhere but Alton and Jerseyville

The Prairie State houses one of the most popular cities in the U.S., Chicago. While almost 80% of the state’s residents live in this one city, Illinois is also known for its love for kratom. It’s free to use and sell anywhere in the state except for two places. The cities of Alton and Jerseyville are the two locations in the great state of Illinois where you can’t purchase kratom. And it looks like a bill was proposed in 2018 to make kratom illegal throughout the entirety of the state. However, the bill did not pass, which means you are free to enjoy kratom anywhere besides those two cities.

Indiana – ILLEGAL

Kratom is banned in Indiana, and it may be because of a misworded bill that’s now a law. Back in 2004, a bill stated that 7-hydroxymitragynine and mitragynine (the basic building blocks of kratom) were synthetic substances. Thus, they were banned. The problem is that they’re not synthetic but natural. However, there has been no change in the law.

Iowa – LEGAL

In Iowa, kratom is legalized and there is no sort of restrictions you must abide by. 2014 was the only year when the Iowan government tried to make any sort of ban on kratom. Lawmakers were not successful and consumers can easily access kratom anywhere in Iowa. Des Moines tends to be the central hub for kratom. They have plenty of brick and mortar shops for you to explore.

Kansas – LEGAL

The great state of Kansas is home to many fantastic cities and universities. And, if you find yourself visiting this state for either of those reasons, you may wonder if kratom is something you’ll be able to buy. After all, searching for a place to buy kratom locally in your area may be hard to do. Kratom is legal to buy in Kansas. However, in 2018, there was a movement to ban the substance. Several kratom advocates stood up for it, which has deterred the ban of kratom. If you’re ever in Kansas, feel free to stop by a kratom dispensary.

Kentucky – LEGAL

Kratom is legal to buy in the state of Kentucky. However, there are movements towards banning kratom in the bluegrass state. Year after year, the state government has tried its hardest to make sure kratom isn’t legal. They keep failing, but there is a fear that they will succeed soon.

Louisiana – LEGAL

Louisiana is a wonderful place if you’re looking to buy some kratom. Indeed, kratom is legal in the state, but lawmakers might have something to say about that in the future. There have been numerous attempts by the government in Louisiana to ban kratom. Since 2014, kratom has been on the lawmaker’s radar. The bill that originally wanted to ban kratom did pass, but it did not include kratom use. Another law came about in 2019, but it too was unsuccessful.

Maine – LEGAL

If you’re heading to Maine either for a nice, relaxing vacation or to see the beautiful vistas, you should know that you can also legally buy kratom. It’s been legal within the state’s borders for quite some time, but its freedom has been threatened more than once. Most recently, a 2017 lawmaker wanted to label kratom as a Class W substance. However, that failed, and kratom continues to be legal to this day. Maine has many kratom dispensaries. Some even offer delivery service.

Maryland – LEGAL

This state has no problem with kratom. There has never been any sort of attempt to make it illegal, and it shows in the outpouring of stores and shops that have sprung up selling it. You know it’s a safe place to purchase kratom when the vendors freely advertise their products. Although the state is one of the smallest in the nation, its love for kratom knows no bounds.

Massachusetts – LEGAL

Here are a couple of facts. First, Massachusetts is the third healthiest state in the nation. It’s also where basketball was invented. So, why do these two facts matter? Well, they show that the citizens of the Bay State are both health-conscious and that they are inventive and open to new ideas and concepts. This fits in perfectly with states who sell kratom. Kratom is legal in Massachusetts. There has never been a push to deregulate or ban the substance. Looking to buy kratom locally in Massachusetts? The Greater Boston area should have you covered, as it hosts a range of shops that can provide you with all the kratom that you want and need. If you live near Massachusetts and are a kratom enthusiast, it’s highly recommended you check out what the state has to offer.

Michigan – LEGAL

A state known for football and cold weather; you won’t have any problem finding kratom here. This was not always the case. In 2014, lawmakers in the Great Lake State tried to ban the selling of Mitragyna Speciosa. The law failed, leaving kratom available to buy for all those who reside in Michigan. The failure of the law was thanks to the signatures of citizens who wanted kratom to be kept legal. More than 1,700 people scratched their names on a petition to keep it that way.

In recent years, a couple more attempts have been made to ban kratom. However, they have both failed. With all of these victories, kratom lovers in Michigan have many options if they choose to buy kratom locally. It’s a great state and an even greater place to purchase any type of kratom they provide, like Gold Bali.

Minnesota – LEGAL

Minnesota has a somewhat unique policy when it comes to kratom and kratom-related products within the state’s borders. Before 2018, anybody could buy kratom. There were no age restrictions. However, this all changed when a law was passed that specifically stated that anybody who purchases kratom must be over the age of 18.

It’s a law that seems like common sense, but they made it their purpose to point it out and make people aware. Once you turn 18, you have free reign to buy whatever type of kratom you want. Green Horn? You got it. Red Thai kratom? You can walk out of the stores with it.

Mississippi – BAN in some areas

With some of the worst healthcare in America, the state of Mississippi may not be your dream destination. Not only is it not the best place to go on a vacation, but it also has some very confusing laws regarding buying and consuming kratom.

The basic issue is that kratom isn’t banned statewide. Instead, it’s up to each county and city to decide for themselves whether they want to allow kratom to be legal or not. You can imagine how confusing and difficult that makes it for kratom enthusiasts who just want to buy some.

A few counties that restrict it include Noxubee, Alcorn, and Lowndes. A few cities that have banned it include Blue Mountain, New Albany, and Fulton. If your objective is to buy kratom locally in Mississippi, you can do so, just make sure you understand the laws before you make your purchase.

Missouri -LEGAL

Kratom is currently legal in Missouri. At a state level, the Kratom Consumer Protection Act (KCPA) is being reviewed as a possibility to help regulate the industry within Missouri. 

Montana – LEGAL

Montana is known for its wide-open spaces, and kratom enthusiasts are free to use their herbs anywhere they like in this beautiful state. There are no talks of the herb being ban or any issues at the moment, which is promising for those who seek to use kratom in the great state of Montana.

Nebraska – LEGAL

If you live in Nebraska and you are wondering if kratom is legal, then you are in luck. At the moment there are no issues with this herbal remedy and you are free to buy, sell, or use kratom in Nebraska. This includes in large cities such as Omaha, Lincoln, Kearney, Norfolk, and Grand Island.

Nevada – LEGAL

Kratom is legal in Nevada. No matter what region you’re in, you will be able to buy, sell, or possess kratom. At the moment there are no talks of banning this herb.

New Hampshire – LEGAL everywhere but Franklin City

Although New Hampshire is a small state, it nearly placed a ban on kratom in 2016. However, the bill was revised and placed an age restriction on the purchase of kratom. Franklin City did ban the use of kratom in 2019.

New Jersey – LEGAL but there is a pending legislation

bill was introduced in 2015 to ban kratom, but it failed. It was then reintroduced in 2018 and failed once more. I guess lawmakers in New Jersey truly believe third times a charm, as the same bill was reintroduced in January 2020 and is currently being considered. While kratom is legal in New Jersey it may not be for much longer.

New Mexico – LEGAL

New Mexico has no issues when it comes to kratom. The use of kratom is not a problem for lawmakers, and there are no pending legislations. Things can always change quickly, so even when you live in a state where kratom is legal you want to make sure that you are keeping up with the laws.

New York – LEGAL

There was a bill that comes to light in 2017 that tried to ban the use of kratom, but it died in the committee before making it to decision-makers. However, a 2019 bill was passed, which bans the sale of kratom to minors. So, kratom is legal in New York, but it can not be bought or sold to anyone under the age of 18.

North Carolina – LEGAL

In 2016, a bill attempted to ban the use of kratom but was overturned due to the overwhelming support of the public. However, in 2017, a bill was passed which restricted the sale of kratom to minors. So, kratom is legal in North Carolina but can not be sold to anyone under the age of 18.

North Dakota – LEGAL

North Dakota is a quiet state. There is not a lot to report about kratom use here, as it is legal and there has not been any talk of banning its use.

Ohio – LEGAL

Ohio is a connecting hub for the East and Midwest states. As of right now, kratom is legal in Ohio. However, there is a pending law that could cause some issues for kratom in the future. This law to ban kratom has already passed through a number of phases, so the future of kratom in Ohio is getting very slim. 

Oklahoma – LEGAL

There was an attempt to ban kratom in 2014 but it was shot down with kratom advocates providing a massively successful petition. Currently, two bills are knocking around for kratom. One to regulate its use, and the other to ban it. However, with the huge backing that kratom has in this state, it is a very big possibility that the ban will not pass.  

Oregon – LEGAL

Oregon has no known issues with kratom and it is legal in all regions throughout the state. The only chatter about kratom from lawmakers is to regulate the industry, which means they are looking to adopt the Kratom Consumer Protection Act.

Pennsylvania – LEGAL

Kratom is legal in Pennsylvania. There is current legislation pending to help regulate the industry in the state.

Rhode Island – ILLEGAL

At the moment kratom is ban in Rhode Island. However, there is pending legislation that could reverse the kratom ban and make it legal and regulated within Rhode Island.

South Carolina – LEGAL

Just like North Carolina, kratom is also legal in South Carolina. You will not have any issues finding this herb throughout the state in popular cities including Charleston, Greensville, Hilton Head Island, and Columbia.

South Dakota – LEGAL

You’re in luck if you are looking for kratom in South Dakota, as it is legal here. You can use, buy, or sell kratom without any issues. 

Tennessee – LEGAL

Kratom is legal in Tennessee, but there are a few guidelines that you need to follow. One of the main ones is that synthetic kratom is not allowed. Instead, any kratom sold needs to be 100% authentic. It also needs to be labeled that it’s natural. You also have to be over the age of 21 to legally purchase it. Some states only require you to be 18, but Tennessee is a bit stricter when it comes to age. These laws were put in place in 2014 and haven’t changed since.

Texas – LEGAL

At the moment, there are no issues when it comes to buying, selling, or consuming kratom in Texas. There are loads of places locally that offer this herb. As long as you are over the age of 18 you can easily access kratom.

Utah – LEGAL

Although there was a bill to make kratom a controlled substance, it did not pass. So, kratom is legal throughout all regions within Utah. They did, however, adapt the Kratom Consumer Protection Act in 2019. This Act has helped regulate the industry and make it safe for consumers and vendors. Utah was the first state to pass this Act, making it the first to place regulations on the kratom industry.

Vermont – ILLEGAL

Currently, kratom is ban in Vermont. However, there is pending legislation that may reverse this ban. Kratom consumers around the area are patiently waiting to see how the legislation will pan out and hope to see it legal within the coming year.

Virginia – LEGAL

While kratom is legal in Virginia, there is pending legislation to determine whether or not kratom should be ban. Active lobbies in the area are fighting to keep kratom legal.

Washington – LEGAL

Washington has no issues when it comes to kratom. Currently, kratom can be used in any area throughout Washington. This includes major cities such as Seattle, Olympia, Spokane, Tacoma, and Bellingham.

West Virginia – LEGAL

Kratom is legal in West Virginia with no talk of it become ban anytime soon. You are free to use kratom in all areas throughout West Virginia without any worry about legal issues. However, make sure that you keep current on all laws regarding kratom, as they can change overnight. 

Wisconsin – ILLEGAL

At the moment, kratom is ban in Wisconsin. However, there is a possibility that the state may remove the ban and pass the Kratom Consumer Protection Act to help regulate the industry and make it safe for consumers to use.

Wyoming – LEGAL

Wyoming allows the use of kratom without any restrictions in areas throughout the state. There are no current talks of banning kratom in this state.

States Where Kratom May Become Illegal Soon

Kratom seems to be a hot topic in some states, as they lobby to get this herb ban. While it takes a while to get a bill through the legal and issue the ban, where are some of the states who have active legislation against kratom.

  • Hawaii – Pending legislation to ban kratom in Hawaii.
  • Illinois – Two legislations are pending, one to regulate it and the other to ban it.
  • Louisiana – There have been attempts to ban kratom in this state, and all of them have failed. There is a bill out now that will regulate the kratom industry in Louisiana if passed.
  • Maryland – Pending legislation to categorize the primary kratom alkaloids as Schedule I substances.
  • Michigan – Pending legislation to get kratom listed as a Schedule II drug.  
  • Mississippi – Pending legislation to make kratom a Schedule I drug.
  • New Jersey –  Pending legislation to ban kratom in New Jersey.
  • Ohio – While Ohio had a bill in the works to ban kratom, the AKA is working hard with lawmakers to regulate the kratom industry in Ohio. The bill to ban it has been placed on hold.
  • Oklahoma – There are currently two bills – one to regulate kratom and another to ban it.
  • Virginia – Pending legislation to study whether kratom should be banned.

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States Where Kratom Is Currently Ban But May Be Legal In The Future

The following states currently have a ban on kratom, but there is active legislation to lift the ban and legalize kratom throughout the state.

  • Indiana – Currently ban in this state but the AKA plans to file to have the Kratom Consumer Protection Act put in place and have the ban lifted.
  • Rhode Island – Kratom is currently ban, but there is legislation that may reverse the ban and make it legal and regulated.
  • Vermont – Kratom is banned, but pending legislation may reverse the ban.
  • Wisconsin – Kratom is currently banned here, but the state may remove the band and pass the Kratom Consumer Protection Act.

Who Is The American Kratom Association?

The American Kratom Association (AKA) advocates for kratom all across the nation. This group will actively get involved with legislations and help states fight to keep kratom legal. In addition, they have set standards for the industry with the Kratom Consumer Protection Act.

The AKA works with manufacturers and vendors to help regulate the industry and provide products that are safe and fall within guidelines. Visit the American Kratom Association website to learn more about their activities and current advocate projects.

Important Update From American Kratom Association:

HHS Rescinds Scheduling Recommendation For Kratom But FDA Failed To Notify The Public For 2 ½ Years

The world of kratom comes with many consequences. It seems that not all agencies that are involved have been fully transparent to the public. According to the American Kratom Association, “Congressman Mark Pocan (WI) and Congressman Morgan Griffith (VA) exercised their oversight responsibilities of the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA). This led to the release of a recission letter that was submitted by HHS to the Drug Enforcement Administration (DEA). The letter noted the HHS withdrawing their prior recommendation to schedule kratom’s alkaloids, Mitragynine and 7- Hydroxymitragynine.”

The recission letter was submitted to the DEA back on October 17, 2017. While this may not seem like a big deal, it is. The letter was hidden for 2 ½ years and misled lawmakers, the media, and kratom consumers into thinking a scheduling decision was inevitable. So, the scheduling of kratom was withdrawn, and the HHS letter outlined how the FDA failed to provide scheduling criteria required by the CSA to rightfully justify scheduling kratom’s alkaloids.

In the letter, the HHS recommended that mitragynine and 7-hydroxymitragynine not be classified, either temporarily or permanently. More scientific research is needed to support scheduling kratom’s alkaloids. The FDA recommended scheduling kratom on August 31, 2016. However, it was withdrawn by the DEA on October 13, 2016, due to insufficient evidence to help support the scheduling under the Controlled Substance Act (CSA). The FDA then submitted a second recommendation on October 17, 2017, but it was withdrawn by the HHS due to the lack of scientific research.  

In the letter, HHS mentioned that there was a significant risk of immediate adverse public health consequences if kratom or its alkaloids were classified as a Schedule I drug. The HHS letter concluded that kratom alkaloids should not be scheduled. More scientific research is needed to conclude that kratom should be banned.

The letter provided specific criteria that are required for scheduling a drug under the Controlled Substance Act (CSA). Currently, the criteria to schedule kratom have not been met. The letter goes on to outline the consequences if such scheduling did take place.

The failure of the FDA to disclose the recission of scheduling kratom allowed this organization to almost achieve a “de-facto” ban on kratom. Across the nation, millions of Americans have placed their faith in the FDA. This faith should not be jeopardized because a few individuals in the Agency have an expansionist regulatory agenda that goes outside their realm of authority given to them by Congress.

The gravity of this letter means that the FDA and DEA cannot schedule kratom as a controlled substance. The Department of Health and Human Services must be the ones who suggest that a substance be part of the controlled substance list. The only other way to schedule a drug is through a DEA emergency scheduling. Which they tried in 2016, but it failed due to the 500,000 kratom consumers that wrote to Washington and roughly 20,000 kratom supporters who marched at Washington.

The future for kratom is bright. This shows that the HHS is not interested in scheduling kratom and its alkaloids. They are calling for more scientific research to understand kratom and its components. 

In States Where Kratom Is Legal, Where Can You Buy It?

There are many options when it comes to buying kratom. It depends on if there are local shops in your area that offer kratom or if you need to find a trusted online vendor. Local kratom sources may include smoke shops, vape shops, gas stations, and specialty shops. You have to ensure that kratom is legal in your area before making a purchase, as all online vendors will comply with local and state laws.

Alternatively, you could purchase your kratom from an online vendor. There are some things that you want to keep in mind when buying online. Follow these tips to help you find a trusted source:

  1. Make sure that they are a part of the American Kratom Association. There are no regulatory forces in this industry, but the AKA only works with vendors that are trusted and offer quality products. 
  2. Read reviews from other customers. This will allow you to see what the products were like, as well as the type of interaction they had with the company’s customer service department. 
  3. Check out the lab testing to make sure that you are getting products that are 100% Mitragyna speciosa. 
  4. Go ahead and email the company a few questions and see if they respond to you promptly. This will let you know if the company is legit and willing to take care of your questions and concerns. 
  5. Ask to see the current lab testing to make sure that the lot that they are currently selling does not contain any type of contaminants. If the company does not conduct these types of tests then you do not want to buy from them.

Doing your homework before purchasing with an online vendor will help save you a lot of time and money. You will end up with high-quality products from a vendor who can answer your questions and address any concerns that you may have. Online vendors tend to have a larger range of strains and also have better pricing. This is one of the biggest advantages of ordering online.

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Oasis Kratom

We are an online vendor for kratom, but also one of 25 vendors who are currently listed with the American Kratom Association. This means when you buy from us, you are buying from a vendor who has been approved by the AKA standards. We offer a variety of kratom products.

All of our kratom lots are tested 9+ times for salmonella, E. coli, staph, yeast, mold, and to confirm its 100% all-natural Mitragyna Speciosa. Visit our Lab Test page to learn more about our quality assurance measures or to request a copy of our most recent lab test results.

Check out our blog if you want to learn more about the fascinating world of kratom such as the differences between kava vs kratom. We have blogs that span a wide variety of topics including industry news, and various strains. Check out our shop where you can find the most popular kratom veins and strains. Here is a list of some of our customer’s favorite kratom products.

If you should have any questions along the way please let us know. Our goal is to offer you amazing products with exceptional customer support. Your products will always arrive at your home at their optimal freshness.

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Written by Jen Reaney

Updated on May 3rd, 2021