Is Kratom Legal in North Carolina? – Latest Legality News 2023

Kratom is a natural herb that comes from the leaves of a tropical tree native to Southeast Asia. It has been used for centuries as a traditional medicine and a stimulant. Typically sold in the form of kratom capsule, powder, and extracts has gained popularity in the West as an alternative to opioids and a way to cope with chronic pain, anxiety, depression and other conditions.

However, kratom's legal status in the United States is not clear-cut. While it is not federally banned, some states and localities have imposed restrictions or prohibitions on kratom sales, possession and use. In this blog post, we will explore the history and current situation of kratom legality in North Carolina, one of the states where kratom is legal but regulated.

Kratom Legality in North Carolina in 2023: The Current Status

Kratom is still legal to possess and use for people ages 18 and older in North Carolina as of July 13, 2023. However, there is a pending bill that would regulate the manufacture, sale, and possession of kratom.

House Bill 563 was introduced in the North Carolina General Assembly on January 24, 2023. The bill would regulate the manufacture, sale, and possession of kratom. The bill would require manufacturers, distributors, and sellers of kratom to be licensed by the Alcoholic Beverage Control Commission (ABC Commission). It would also prohibit the sale of kratom to minors.

The bill is currently in the House Committee on Agriculture, Environment, and Consumer Protection. It is unclear whether the bill will pass the General Assembly. If the bill is passed, it would take effect on December 1, 2023.

Kratom Legality in North Carolina: A Timeline

Kratom Legality in North Carolina in 2022

In 2022, there were two bills introduced in the North Carolina General Assembly:

House Bill 563 would have regulated the manufacture, sale, and possession of kratom. The bill would have required manufacturers, distributors, and sellers of kratom to be licensed by the Alcoholic Beverage Control Commission (ABC Commission).

House Bill 401 would have legalized medical cannabis in North Carolina.

Neither of these bills passed the General Assembly in 2022.

Kratom Legality in North Carolina in 2021

As of 2021, kratom is still legal in North Carolina for anyone over 18 years old. The state has not passed any new laws or regulations regarding kratom since 2016, when it enacted HB 747 . However, the state is still considering HB 563 , a bill that would amend HB 747 and add more requirements for kratom vendors and manufacturers. The bill was introduced in 2019 by Representative McElraft , who said that she wanted to ensure the quality and purity of kratom products sold in the state.

The bill would require kratom vendors and manufacturers to register with the Department of Agriculture and Consumer Services and pay a fee of $250 per year. It would also require them to comply with the standards and regulations set by the KCPA, such as lab testing, labeling, dosage limits, age restrictions, and banning of adulterated or synthetic forms of kratom. The bill would also authorize the Department to inspect, seize, or destroy any kratom products that do not meet these criteria.

The bill passed the House Agriculture Committee on May 5, 2021 , and was referred to the House Rules Committee , where it is currently pending. The bill has received support from some kratom advocates, who see it as a way to protect consumers and legitimize the industry. However, it has also faced some criticism from others, who argue that it is too restrictive and costly for small businesses and that it could lead to a black market or a ban in the future.

Kratom Legality in North Carolina in 2020

September: The North Carolina General Assembly adjourns for the year without passing House Bill 755 or any other legislation related to kratom regulation. As a result, kratom remains legal and unregulated in the state.

February: House Bill 755, known as the North Carolina Kratom Consumer Protection Act, is introduced in the state legislature. The bill seeks to establish regulations for the sale and distribution of kratom products, including labeling requirements, quality control standards, and an age restriction of 18 years and older.

Kratom Legality in North Carolina in 2019

The American Kratom Association (AKA), a nonprofit organization focused on promoting the safe and responsible use of kratom, continues its efforts to advocate for the passage of the Kratom Consumer Protection Act (KCPA) in North Carolina. The KCPA aims to regulate kratom in a manner consistent with other consumer protection laws.

Kratom Legality in North Carolina in 2018

July: The North Carolina General Assembly adjourns for the year without passing House Bill 747 or any other legislation specifically addressing kratom regulation. As a result, kratom remains legal and unregulated in the state.

February: The North Carolina Alcoholic Beverage Control Commission (ABC Commission) issues a statement clarifying that kratom is legal in North Carolina. The ABC Commission also states that it does not regulate kratom.

Kratom Legality in North Carolina in 2017

August: The North Carolina Senate Judiciary Committee votes to adopt a revised version of House Bill 747, which now includes additional provisions related to kratom regulation. The revised bill undergoes further deliberations and potential amendments.

July: The FDA warns that Kratom NC's products were illegally marketed as treatments for opioid addiction and withdrawal symptoms.

May: House Bill 747 is referred to the Committee on Rules and Operations of the Senate. The bill undergoes further review and potential revisions.

April: House Bill 747, known as the North Carolina Kratom Consumer Protection Act, is introduced in the state legislature. The bill aims to regulate the sale and distribution of kratom by establishing quality control standards, labeling requirements, and restrictions on adulterated products. The bill also proposes an age restriction of 18 years and older for purchasing kratom.

January: The FDA issues a warning letter to Kratom NC, a company that was selling kratom-containing products.

Kratom Legality in North Carolina in 2016

In 2016, the Drug Enforcement Administration (DEA) announced its intention to place kratom on the Schedule I list of controlled substances, which would make it illegal at the federal level. This decision was based on the assumption that kratom has no medical value and a high potential for abuse. The DEA also cited 23 cases of kratom-related deaths in the US between 2011 and 2017.

The DEA faced a strong backlash from kratom advocates, who argued that kratom is a safe and effective alternative to opioids and that the deaths were caused by other factors, such as polydrug use or pre-existing health conditions. They also presented scientific evidence and personal testimonies to support their claims. As a result, the DEA withdrew its proposal and opened a public comment period to gather more information about kratom.

Meanwhile, in North Carolina, a bill was introduced in the State Senate to ban kratom statewide. The bill, known as SB 830 , would have added kratom to the list of synthetic cannabinoids and made it a Class I misdemeanor to possess, sell, or distribute it. The bill was sponsored by Senator Tom McInnis , who claimed that kratom was a “designer drug” that posed a threat to public health and safety.

The bill did not pass the Senate Judiciary Committee , as several senators expressed their doubts about the validity of McInnis' arguments. They also heard from kratom users and vendors who testified in favor of keeping kratom legal and regulated. They shared their stories of how kratom helped them cope with chronic pain, opioid addiction, anxiety, and depression.

Instead of banning kratom, the State Senate passed another bill that would regulate it instead. The bill, known as HB 747 , would prohibit the sale of kratom to minors under 18 years old. It would also require kratom vendors to label their products with information such as ingredients, directions for use, warnings, and contact information. The bill was sponsored by Representative Pat McElraft , who said that she wanted to protect young people from potential harm while allowing adults to make informed decisions about their health.

The bill passed both chambers of the General Assembly unanimously and was signed into law by Governor Pat McCrory on June 30, 2016 . This made North Carolina one of the first states to regulate kratom rather than ban it.

Kratom Legality in North Carolina in 2014 and Pre-2014

September: Concerns regarding the potential risks and abuse of kratom lead the North Carolina Department of Health and Human Services (NCDHHS) to issue a public health advisory. The advisory states that kratom has opioid-like effects and poses potential health risks, including addiction, overdose, and other adverse effects.

Pre-2014: Kratom, a botanical substance derived from the leaves of the Mitragyna speciosa tree, is not specifically regulated or controlled in North Carolina.

Conclusion

Kratom legality in North Carolina has been a topic of debate and controversy for several years. The state has seen two attempts to ban kratom statewide, but both have failed due to public opposition and lack of evidence. Instead, the state has opted to regulate kratom by prohibiting its sale to minors and requiring labeling and registration for vendors. The state is still considering further regulations based on the KCPA, but no final decision has been made yet.

Kratom users and vendors in North Carolina should stay informed and involved in the legislative process regarding kratom. They should also follow the laws and regulations that are already in place and support reputable and responsible sources of kratom. By doing so, they can help ensure that kratom remains legal and accessible in the state for years to come.