Kratom Legality 2021- Is Kratom Legal in My State? (Delaware-Georgia)

Let’s discuss if kratom is legal in these US States: Delaware-Georgia in 2021. For information on kratom legality in other States, check out our other blogs!

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Is Kratom Legal In Delaware?

Mitragyna Speciosa, popularly referred to as Kratom, is a plant that has origins from countries within the Southeast Asian region. The kratom plant is a small tree that produces leaves, the leaves are the part of the plant that’s useful. Thailand, Malaysia and Indonesia in particular are famed for their Kratom strains. Indigenous people from those countries have long used the plant for many reasons. 

Since then, Kratom has made its way to the United States gaining widespread attention as more people become attuned to its benefits. On a federal level, there is no ban on Kratom. The federal government leaves the matter to each state and their respective counties to settle as they’d like. Within this article, we are going to be reviewing Kratom’s legal status in the great state of Delaware.

Kratom & Delaware

Although the state might be small in landmass, it manages to draw over 8.5 million tourists in every year. The First State has a favorable relationship with Kratom making it legal for use, possession, cultivation and distribution. This rings true in all major cities including Wilmington, Dover, Newark, Lewes, and New Castle.

Delaware’s population of less than a million people houses just 10 cities. It also goes by the First State because it was one of the initial 13 colonies to ratify the United States Constitution. The First State does not even house any major sports team as a result of its small size. 

Bearing these in mind, it could be clearer to see why Kratom is so popular in the state as testimonials distributed by word of mouth could spread faster. However, the downside is the fact that there aren’t enough in-person stores where regular users can get their kratom from. Or get simply get a variety from. Most users within the state have to purchaser their Kratom from online stores and have it shipped to them. 

Delaware’s government tends to base their mode of operation on its motto “Liberty and Independence”. This could be seen in how the government has chosen to deal with Kratom. Save for the singular location when the state’s legislators had a proposal to regulate Kratom, there hasn’t been any serious government movement on Kratom so far.


What Next for Kratom in Delaware?

Although Kratom is currently legal in Delaware, it seems like there could be need for regulation of the supplement within the state. And that is why the American Kratom Association alongside numerous Kratom vendors and partners are working tirelessly to get all 50 states to adopt the Kratom Consumer Protection Act. 

By adopting the KCPA, user rights will get protection; it will also serve as a regulating standard for Kratom vendors within the state by enforcing quality control measures to ensure users get only the best grade Kratom available. The KCPA will also addresses numerous issues like age restrictions, labeling, testing, and compliance

Is Kratom Legal in Florida?

Kratom, one of the country’s beloved natural supplements currently has a very vague legal status. Apart from a temporary ban placed by the DEA in 2016 and rescinded after 4 months – regulating the supplement has been left to each state and their respective cities and counties. 

So how does the state of Florida feel about Kratom? Are its citizens allowed to use the supplement? Are there certain restrictions levied within certain counties? Within this article we’re going to be tackling this and more. 

Kratom & Florida

At the moment, Kratom is legal in all parts of Florida except for the county of Sarasota.  As a state notorious for allowing its citizens to exercise their liberties, they were determined to continue that trend with Kratom. Today, possession of the supplement in any form is completely legal. That is, if you are not within the boundaries of Sarasota County.

Sarasota passed an ordinance bill in 2014 making it illegal to buy, sell or use Kratom. According to the laws, anyone caught flouting this rule could face a jail term of up to 60 days or pay a $500 fine. At the moment, all attempt to get the county’s council to lift the fine has been futile. 

Kratom’s journey in Florida hasn’t been completely smooth. In 2017, the house and senate received simultaneous bills meant to term Kratom as illegal. Luckily, these bills did not have the required supporting evidence needed to enforce a ban. Another and the most recent attempt to ban Kratom occurred within another county within Florida. In 2019, St Johns County floated the idea of terming the substance as illegal. Thankfully, the bill also lacked enough support and it fell through. 


Kratom’s long-term legal status

As Kratom’s popularity continues to rise, it seems likely that more attempts to regulate or even outrightly ban the substance would occur. But how true is that for Kratom in Florida? Currently, it looks like Floridians have nothing to worry about regarding Kratom’s legal status in their state. 

Often times, bills like the one introduced attempting to make Kratom illegal require burden of proof in form of extensive research. At the moment, the research available is unable to justify terming Kratom as an illegal substance. There is also the vibrant Kratom community within Florida responsible for always making their voices heard whenever the time came. 

There are also lobbyist efforts taking place by the American Kratom Association to ensure Kratom’s legal status is never in jeopardy. The association along other Kratom vendors and industry stakeholders are working tirelessly to get all 50 states to adopt the Kratom Consumer Protection Act. This act not only protects users right to Kratom, it will also help regulate the industry, ensure quality control standards across all vendors hence making Kratom safer for users and will inadvertently ease the issues lawmakers might have about the supplement. 

What is The Kratom Consumer Protection Act

Designed by the American Kratom Association to regulate the fast-growing industry, the The Kratom Consumer Protection Act was crafted with one key goal in mind – The stability and growth of the Kratom industry. As a fast-growing industry, an issue Kratom faces is, left unchecked there exists the possibility for fake and synthetic products. 

We are hoping that Federal and statewide kratom bans will become a thing of the past. All kratom users should use and enjoy their favorite supplement without fear of government persecution.

Is Kratom legal in Georgia?

Known as the largest state by land mass east of the Mississippi, Georgia is home to Atlanta, home of Coca-Cola, numerous rap icons and the birthplace of Martin Luther King. Known as the Peach State, Georgie is home to 350 bird species and an island named after Blackbeard – the infamous pirate. In the 90’s the island was filled with treasure hunters looking for a rumored loot he buried there. But, till date, nothing has been found. 

But how does the Peach State feel about Kratom? Is the supplement legal? Are there certain restrictions levied within certain counties? Within this article we’re going to be tackling this and more. 

Kratom in Georgia

The good news is Kratom is not only legal in Georgia, it is also regulated by the Kratom Consumer Protection Act. Thanks to the act, anyone over the age of 18 is free to buy, use and sell Kratom products. That is, given it comes with a label containing details like its ingredients, alkaloid content and the right disclaimers. 

Kratom’s journey in Georgia however hasn’t always been smooth. In 2017, a medical examiner issues a statement claiming Kratom was responsible for 11 deaths within the state. This statement came on the heels of an FDA warning a few days earlier. When an autopsy was done, it was revealed that out of the 11 deaths, 9 of the deceased had other compounds in their blood. For the other two victims, the data was not available. They supposedly only had Kratom in their blood. 

This led many including the authorities to recognize that the data was inconclusive and inaccurate. Soon after, the senate introduced a bill supposed to ban Kratom within the state. Thanks to the collective outrage that arose after the announcement, the authorities had no choice but to remove Kratom from the bill. 


Exploring the KCPA in Georgia

In 2019, the Senate filled another bill – a version of the Kratom Consumer Protection Act urging it to place restrictions on the sale of Kratom within the state. The bill aimed to restrict the sale of Kratom within the state instead of banning it outrightly. With approval from the local Kratom community and the American Kratom association, there was an overwhelming vote of 164 to 1 within the Georgia House leading the governor to pass the bill late 2019.

Thanks to the bill, Kratom remained legal in the state and the new regulations made sure that the following happened:

  • Kratom is available only to individuals 18 or older. 
  • It is illegal to transfer Kratom to minors 
  • All Kratom packages must have a label that includes the age limit, the ingredients it contains and its alkaloid content.
  • The details of the manufacturer or the vendor, terms of use and all the necessary disclaimers must be on the label.
  • Selling, distributing, and producing unsafe Kratom products are punishable by law. Anyone who is flouting this law could face a year in jail, a $1000 fine or both.


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