Kratom Legality- Is Kratom Legal in My State? Hawaii-Indiana

Is Kratom Legal in Hawaii

At the moment, it is legal to consume, distribute, purchase Kratom within the state of Hawaii. However, recent bills under review by the house could change that sooner than we all think. Over the last few years, there’ve been legal issues within the island state, with numerous attempts to get rid of Kratom. Issues have also come up regarding the sanctity of Kratom.

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In 2018, Hawaiian legislators worked with law enforcement to craft regulatory guidelines for its citizens & responsible use of Kratom. Within this period, lawmakers made some changes to the bill S.B.2826. This change was responsible for placing Kratom on a list of substances under consideration for highway safety. 

At the time, there was a public outcry over the issue. In February 2019, S.B. 641 was introduced and the bill also placed Kratom within its list of intoxicants in relation to highway safety in Hawaii. These signify that at that point, Kratom was a health concern in Hawaii rather than an outright illegal substance.

At the moment, Kratom is legal within Hawaii. There exists legislation geared at labeling the major alkaloid components of the supplement as a Scheduled V drug. According to the documents obtained, the reason for wanting to schedule Kratom stem from the following:

  • The DEA considers Kratom a drug of concern
  • The FDA has publicly said that there is no scientific evidence of Kratom having beneficial properties
  • According to the NIDA, Kratom abuse is rising. 

In addition to these, kratom alkaloids got a label as hallucinogenic drugs within the Schedule V classification. All of these point towards the idea that there could be some misinformation about Kratom and its benefits. Especially with how the lawmakers lead towards the inaccurate classification of the herb. 

Kratom’s Future in Hawaii 

The truth is although Kratom might currently be legal In Hawaii, that may not be the case in a few months. Currently, discussions are ongoing between the American Kratom Association and the lawmakers for the state to adopt the Kratom Customer Protection Act. Which leads us to our next point – What is the Kratom Customer Protection Act?

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. 

The hope is, as a result of the protection act, numerous issues like age restrictions, labeling, testing, and compliance will be addressed. We are also hoping that Federal and statewide kratom bans will become a thing of the past as all kratom users use and enjoy their favorite supplement without fear of government persecution.

Is Kratom Legal in Idaho

Idaho is one of the few states that have provided Kratom with a legal status. Although there was an attempt by a municipality in the past to ban the supplement, the bill did not attract sponsorship and it died before it could achieve any traction through the legal chain. In fact, there is a document from the state’s government serving as an overview of its stance on Kratom. 

Because of this classification, residents of Idaho are able to buy, own, sell and move Kratom around within the state as they like. Kratom is available within vape shops, smoke shops and specialty shops in various forms ranging from powders, capsules, and tinctures. In Idaho, it is important to ensure you are buying your Kratom from vendors who have high quality products. Because the industry is unregulated, there are vendors who are untrustworthy. It is important to do some research and buy your Kratom from trustworthy companies. 

Kratom is legal within all cities within Kratom including the major cities like – Boise, Meridian, Nampa, Idaho Falls, and Caldwell. 

Currently, there is some talk of introducing legislation which would see the state adopt the Kratom Consumer Protection Act. The act was 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. That goal is 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 which is already noticeable in Idaho.

On the 28th of February 2021, the KCPA was introduced to the statehouse. The bill aims at placing certain restrictions on Kratom in a bid to force vendors to compel with the guidelines and safeguard the users from substandard products. 

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Some regulations contained within the bill include:

  • Vendors must register with the state’s department of Agriculture and pay their respective dues
  • Vendors are not to prepare or offer products for sale that contain any substances within the state’s-controlled substances or synthetic kratom alkaloid list.
  • Ensure each Kratom product listed for sale has a certificate of analysis from a third-party independent laboratory. 
  • Each vendor must steer clear from products that have tested positive for salmonella, E. coli and heavy metals including but not limited to arsenic, cadmium, mercury, and lead. 
  • Proper labelling of all products is necessary.

Vendors who fail to comply to any of these regulations should expect to pay administrative fees. These are some of the items Idaho residents can expect to be within the KCPA bill. 

At the point of writing this article Kratom has no classification in Idaho. What this means is citizens of Idaho are free to buy, sell or possess the natural supplement. It is so important to realize that vendors have no proper guidelines to go by in this industry. So, you have to do your homework to ensure you are only buying from vendors who are providing 100% Mitragyna Speciosa (kratom).

This is the big reason why some states are classifying kratom. As they feel the industry is not safe and they want to protect their citizens. So, they feel placing a ban on the product is the only way forward. However, kratom offers a lot of good things that are worth considering. 

Is Kratom Legal in Illinois?

Illinois happens to be the birthplace of Ronald Reagan and Robert Wadlow, the world’s tallest man. Chicago, is the most known city in the state, is affectionately known by locals as the Windy City. 

In 2019, the Prairie State passed the Illinois Cannabis Regulation and Tax Act. It came into effect in January 2020, making the state the 11th state in the US to legalize the recreational use of cannabis for grown-ups. Because of this, CBD and cannabis can be used fairly as long as you’re 21 and older. 

Kratom Laws in Illinois

At the point of writing, kratom is legal for use in Illinois for citizens over the age of 18. However, the towns of Jerseyville, Alton, Glen Carbon, and Edwardsville. At a point, there was also a bill looking to cause the state of Illinois to adopt the Kratom Consumer Protection Act. However, it lacked the support required to pass through the state’s legislative arm.

Kratom, scientifically referred to as Mitragyna speciosa, is something that has divided many within the United States. On one hand, millions of people use the supplement to improve their quality of life, while on the other hand there are many looking for opportunities to ban it. 

In 2016, the Drug Enforcement Administration (DEA) announced its intent to schedule kratom on a federal level. After pushback from the general public lead largely by the American Kratom Association, the agency was forced to withdraw its intent. This leaves kratom legislation up to individual states and municipalities. Several states, including Alabama and Indiana, chose to make kratom a controlled substance along other cities and counties in other states.

But for the state of Illinois, the way forward was not so conventional. In 2014, the state’s authority passed the Kratom Control Act that proposed banning kratom use for minors. Because of this, it is currently illegal for those under the age of 18 to buy or possess kratom. It’s also a Class B misdemeanor for any business to sell kratom to minors. Offenders risk getting a $500-$1,500 fine or up to 6 months of jail time. While kratom is legal for adults in the state under this law, you can’t buy or sell it in all municipalities. 

Kratom within Illinois

Jerseyville holds the unwanted record as being the first region within Illinois to enact kratom bans. This was because of the concerns from 2012, 4 years before the FDA decided to outlaw the supplement across the country. The final ban came in 2017 and a year later the city of Alton followed up with a ban.

Locally, the news also referred to Kratom as a herb that contains opioid. These sorts of statements are responsible for misinforming the residents of the state and causing a panic about the real intentions and use of Kratom. More recently, the Deputy Chief of the Alton Police Department said “kratom hasn’t caused any deaths in the United States, but “kids are getting sick on it.” All this lends credence to the fact that although Kratom is legal for use in Illinois at the moment, there are parties within the start that would love to see the supplement scheduled, restricted, or banned outrightly.

Is Kratom Legal in Indiana?

At the moment, the short answer is no. Kratom is not legal in the state of Indiana. In fact Indiana happens to be one of the few states that has banned kratom at a statewide level. Most states opt to either legalize the supplement or allow its respective cities and towns to regulate the supplement. For example, Kratom is legal in Florida but banned in its region of Sarasota County. 

Indiana’s Kratom legislation

In 2014, the state’s senate passed a law that restricted the use of Kratom. Upon the initial introduction of the bill, the bill wrongly labeled 7-hydroxymitragynine and mitragynine as synthetic substances. The bill also classified Kratom as a Schedule 1 controlled substance placing it within the same league as heroin, morphine etc. 

In 2018 there was need for further amendment within the law to rectify the mistake. However, this rectification made another mistake as it now classified Kratom as a Schedule 1 hallucinogenic substance. However, at the time of writing, attempts are underway by the Kratom Trade Association to reverse the Kratom ban and wrong classification in Indiana. 

For many people, the question might be “why all the fuss about Kratom’s classification”. The classification of a substance is directly proportional to the reception it’ll receive from the general public. At the moment, Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. So by classifying Kratom as a schedule 1 hallucinogenic, Kratom is right alongside Schedule 1: marijuana, heroin, LSD, ecstasy, and magic mushrooms. Schedule 2: cocaine, meth, oxycodone, Adderall, Ritalin, and Vicodin harming its image and making the road to Kratom achieving federal  legal status that much longer.

As It stands, being caught with Kratom in Indiana could cause one to face a Class A misdemeanor. Penalties could include up to 12 months in jail and an added fine of $5000. There are other instances where stronger legal issues could occur. For instance, if you have Kratom near a school or near a minor, you could be dealing with a level 6 felony. The penalty could include 6 months – 2.5 years in jail and a fine up to $10,000.

Kratom Ownership, Possession and Distribution within Indiana

To be clear, because of the ban on Kratom within the state, no local shops will sell you the supplement. If you do go and purchase Kratom in another state and bring it into the state, you are at the risk of being caught and facing charges. The risk is not at all worth it because it could lead to a permanent notch on your record. For now, settling down in Indiana as an avid kratom user is not the best idea.

At GRH Kratom, we take immense pride in being about to clarify some misunderstandings surrounding Kratom while offering the best information about it, how to use it, its effects, and so on. if you want to read more about Kratom, you can check out our other articles here and you can check out our store here to go through our wide range of premium Kratom options available.

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