If you are in a state where kratom is in jeopardy, you may be aware of the Kratom Consumer Protection Act (KCPA). Other states, however, may not be aware of what this Act is or what it does for the kratom industry. It is a very important regulation that the American Kratom Association is working hard to get every state on board with.
This Act is currently under review in several states, while other states have already jumped on board and have actively adopted the KCPA to help regulate kratom in their area. If this is the first time you have heard about this Act, do not think it is new. It has been in development for a while.
Let’s look deeper at the Kratom Consumer Protection Act, who is behind it, and why it is important.
What Is Kratom Consumer Protection Act?
The Kratom Consumer Protection Act is a bill that regulates the kratom industry throughout the United States. The Act addresses the following areas:
- Manufacture, allocation, deal, and control of kratom
- Manufacture, distribution, and sale of adulterated kratom
- Any age limitations
- Fines and forfeitures
- Testing kratom
- Marking kratom products
The purpose of the KCPA is to ensure kratom vendors only supply high-quality products that do not contain contaminants.
What Is in the Kratom Consumer Protection Act?
The Kratom Consumer Protection Act has its standard text, but states may amend it to develop their version. This allows each state to create an act that caters to their state’s specific needs regarding the kratom industry.
Here are some of the standardized text that can be found in the Kratom Consumer Protection Act:
- Prohibits the sale of kratom to minors, anyone under 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 packed with or containing 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 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.
When a kratom vendor does not comply with the KCPA regulation, they can face hefty fines or criminal charges. For example, they may have to pay a fine of up to $1000, and certain violations may lead to imprisonment of up to 90 days. However, if your state passed the KCPA, it may not include all listed above. Each state has the option to draft its version of the KCPA.
Who’s Behind It and How Did it Come to Be?
The battle to keep kratom legal started in 2013 with introduction of the first bill to ban it. Later, the DEA expressed their desire to classify it as a Schedule I Controlled substance. However, the American Kratom Association (AKA), the Botanical Education Alliance (BEA), and thousands of kratom supporters came together to advocate for kratom. As a result, the DEA did not go through with a nationwide ban.
A petition to lift the kratom ban gained over 145,000 signatures. The White House received 6,000 letters and 23,000 comments, 99% positive. The AKA and the BEA began searching for a way to improve the kratom experience for users and help regulate the industry. The AKA first released the Good Manufacturing Practice program in 2018. However, it was only a vendor standard, not a mandatory guideline.
Both organizations looked at the industry and what needed to be addressed directly. This was when the development of the Kratom Consumer Protection Act began. They also started lobbying lawmakers in various states across the nation.
States That Have Passed The Act
The AKA is working with states individually to help them pass the KCPA. The federal government has given the state’s responsibility to regulate production and sales. So, any regulatory laws will happen at the state level.
As of this blog's writing, a few states have passed some form of the Kratom Act. However, the specific terms of each state’s regulations may vary, but all originate from the Act and will be similar.
Utah passed its version of the KCPA on March 26, 2019. As the first state to pass the Kratom Act, it set the stage for the nation. They hope that other states will follow in their footsteps.
Georgia signed their KCPA legislation on April 26, 2019. They did make some changes to the original Act. However, all those involved were quick in their decision to adopt the KCPA and help ensure safety throughout the Kratom industry.
Arizona passed its KCPA on May 1, 2019. It was thought that Oregon might beat them in the race regarding adopting the Act, but Arizona quickly decided and moved it through the legislative system.
Oregon is very close to adopting its version of the KCPA. The State Senate Judiciary Committee unanimously passed the bill, so it will be taken to officials to vote on soon.
Update from AKA as of January 2020
The American Kratom Association aims to pass the Kratom Consumer Protection Act (KCPA) in 21 more states during the 2020 legislative sessions, increasing the total number of states with consumer protections for kratom users to 25.
STATES WHERE LOBBYISTS HAVE BEEN RETAINED:
STATES WHERE LOBBYIST FUNDING IS NEEDED:
- West Virginia
- South Carolina
- North Carolina
- New York
STATES WHERE AKA IS HANDLING CONTACTS WITH STATE OFFICIALS:
- Arkansas (no legislative session in 2020)
- Rhode Island
- Texas (no legislative session in 2020)
Do We Need the KCPA and Why?
Many people ask, is the Kratom Consumer Protection Act needed and why? It is necessary because the kratom industry does not have regulations and needs them to keep consumers safe. While many vendors care about delivering high-quality products, there is still a lot of room for fakes and scammers in this industry.
Without regulations, vendors can offer low-quality products that are harmful. While some low-quality products will not be harmful, you still want to get a product you paid for and are happy with.
The KCPA aims to protect customers and keep kratom legal nationwide. When the Act is passed in a state, vendors are required by law to comply with the standards of the KCPA. This allows the end-user to get kratom products that are 100% Mitragyna speciosa, uncontaminated, and high-quality.
This is why lawmakers and kratom users nationwide support the Kratom Consumer Protection Act.
Oasis Kratom Supports the Kratom Consumer Protection Act
Here at Oasis Kratom, we offer a variety of kratom products that comply with the regulations set by the KCPA and the GMP. We are one of only 25 vendors currently registered with the AKA.
This means that we provide products that meet their guidelines. When you purchase your kratom from us, it will arrive at your home correctly labeled and sealed for optimal freshness. 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.
While other vendors may look at the KCPA and not comply with their regulations because they simply do not care or have the means to provide high-quality products, we stand behind this Act and rigorously work to ensure we are always within regulations.
So why do we support the KCPA? Because we care about our customers. While kratom companies can cut corners, this is not something we are interested in. We ensure all our products are correctly labeled, reach the high-quality standards outlined by the AKA, and are processed for optimal freshness.
For kratom to remain legal, the industry must be regulated. The Kratom Consumer Protection Act is good, and we fully support it here at Oasis Kratom.
The Future of the Kratom Consumer Protection Act
The American Kratom Association continues to push forward with its efforts to get the Kratom Consumer Protection Act passed in every state. You can keep current on what is happening by visiting the AKA website.