Is Kratom Legal in California in 2022?

kratom,kratom-legality

27 Sep, 20220

Is Kratom Legal in California in 2022?

Is Kratom legal in California? Of course, you’d expect that the natural herb would be legal, given that California is the nation’s most populated and one of the most liberal-minded. So the answer is yes, Kratom is legal for the nearly 40 million state residents. However, strangely enough, Kratom is banned in two popular jurisdictions: San Diego and Oceanside. 

Kratom laws and legislation in California

There is no legislation or regulation of Kratom in California, so it remains legal and accessible to possess, consume or sell in most jurisdictions. However, two jurisdictions — San Diego and Oceanside — felt differently and banned the natural herb, making it illegal to possess, consume or sell. 

On June 15, 2016, the San Diego City Council passed Ordinance 20657 banning Kratom during the controversy surrounding bath salts and numerous synthetic cannabinoid substances. Unfortunately, Kratom was lumped in with synthetic drugs even though Kratom is a natural herb. Even worse, the council chose to classify these substances as Schedule 1 Drugs. That classification says you will suffer misdemeanor charges if caught possessing Kratom (or the other substances mentioned). Possession of Kratom (and the other listed substances) with the intent to sell is a felony charge.

San Diego has recently convened to discuss the ban and is considering options for a more reasonable regulatory scheme. The American Kratom Association (AKA) is working with California legislators to pass the Kratom Consumer Protection Act (KPCA), which would be the next step toward legalizing and protecting the herb.

Where can I buy Kratom in California?

If you live in California, you can buy it locally or have it shipped anywhere other than San Diego or Oceanside. There are numerous dispensaries throughout the state. In addition, online Kratom retailers can ship to all California locations except San Diego and Oceanside. However, buyers beware that many brick-and-mortar shops sell Kratom that may not be as fresh as what you can get from online retailers like Kingdom Kratom. Since 2017, they’ve specialized in supplying a vast array of products sourced direct and fresh from sources in Indonesia. You can read more about the company and its products in the Los Angeles Magazine.

The American Kratom Association

The American Kratom Association (AKA) is a non-profit advocacy group established in 2014, committed to preserving and protecting the freedom of Kratom or Mitragyna Speciosa. It advocates for continued regulation to ensure Kratom quality and also for increased research on the benefits of Kratom. The AKA continues to work tirelessly to have Kratom legal in every state, including all jurisdictions in California.

You can help in that effort by joining the AKA as a “protector” of Kratom. You’ll then receive notification of any changes to laws and any advocacy needed. Your help is critical to this effort, and you can join the email list here.

The Kratom Consumer Protection Act

The Kratom Consumer Protection Act (KPCA) is legislation the American Kratom Association introduced that encourages advocacy for Kratom education and research. In addition, it sets legal guidelines for the industry regarding labeling, ingredients, and age restrictions. The Act prohibits the sale of adulterated or misbranded Kratom. The KCPA would also create a voluntary certification program for Kratom retailers and manufacturers.

The Kratom Consumer Protection Act is under consideration in more than 20 states, says a spokesperson for the American Kratom Association. The organization hopes California will soon join the eight other states where versions of the legislation have passed as of 2022. The KPCA has passed in Utah, Georgia, Arizona, Oregon, Nevada, Colorado, Missouri and Oklahoma.

To see if Kratom is legal in your state, check out this 2022 map courtesy of the American Kratom Association.

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