Breaking Down the New Kratom Laws Being Proposed in Congress

We might soon see kratom legislation at the federal level—that is, if legislators can successfully pass a groundbreaking new piece of legislation. In December, a new national version of the Kratom Consumer Protection Act was filed with both the Senate and House of Representatives. The goal of the legislation is to protect consumers’ access to kratom nationwide, and it would be transformative for kratom laws in the U.S.

An Overview of the New Kratom Legislation

This bipartisan kratom bill, known as the Federal Clarity for Kratom Consumers Act, was introduced in the Senate by Senators Cory Booker (D-NJ) and Mike Lee (R-UT). It was introduced in the House by Congressman Mark Pocan (D-WI). The bill will need to be refiled next session, but advocates are already expressing excitement and optimism for the momentum that it currently presents.

According to Sen. Mike Lee in a statement, “I have heard countless stories of the benefits of kratom experienced by consumers across the country, including veterans, law enforcement officials, and everyday Americans who credit kratom with saving their lives. This legislation…will be life-changing for these Americans.”

What these New Kratom Laws Would Mandate

If passed in its current form, the new kratom bill would achieve the following:

• Protect access to kratom at the federal level (states can still impose their own kratom laws). 
• Prevent the U.S. Department of Health and Human Services from placing restrictions on kratom (the department cannot treat kratom as an adulterated dietary supplement or require it to undergo the stringent requirements that new dietary ingredients are subject to). 
• Establish a Kratom Research Task Force to conduct ongoing, federally funded clinical research into kratom and submit reports to Congress regarding the safety and effects of kratom.

What the New Legislation Would Mean for Kratom Laws in the U.S.

This kratom bill comes at a time when the rights of kratom users hang in the balance. Kratom has helped millions of Americans in their daily lives, but a lack of understanding about the plant has led to several state-wide bans and brought us close to a federal ban on multiple occasions.

In 2016, for instance, the DEA announced plans to classify kratom as a Schedule I Controlled Substance—in accordance with guidance from the Food and Drug Administration. The plan was ultimately scrapped thanks to public outcry from researchers, legislators, and kratom advocates. In 2018, the FDA once again issued a recommendation to schedule kratom, but this too was withdrawn by the Department of Health and Human Services. The Federal Clarity for Kratom Consumers Act would help to prevent similar recommendations from being enacted in the future.

If you would like to see the current bill made law, write to your congressional representatives and urge them to back S.5316 and H.R.9634. Be sure to also check out our guide on how to help kratom gain legal status in the U.S.

Protect your right to buy kratom online, and help to ensure a safer market for all.