Kratom’s legality in Arkansas
In 2015, the Arkansas State Board of Health moved to classify kratom as a Schedule 1 controlled substance. This bill passed, and in Arkansas, kratom is now considered part of the same group as fentanyl and heroin, due to the alkaloids it contains and their potentially harmful effects.
This move came at a time when qualifiable results of kratom research were extremely unclear. However, the possible benefits of the botanical weren’t explored, and the state chose to err on the side of caution.
Although Arkansas has not moved to remove the ban of kratom, recent discussion of possible changes in state kratom regulations has occurred.
Possible changes in Arkansas kratom law
In 2023, a bill was introduced in the Arkansas state legislature that would lift the ban on kratom while still including mandated safety regulations to its distribution, labeling, and use. However, this bill has not passed through either chamber of the state congress.
The proposed bill, the Arkansas Kratom Consumer Protection Act (AKCPA), is a version of the similarly-titled Federal KCPA. This would remove kratom from the Schedule 1 classification while placing safeguards and other regulations in place to protect kratom users in the state.
Thus, the current kratom ban could pave the way for safe legality of kratom in the future. You can keep abreast of any legal changes in Arkansas by checking with local news sources and through visiting the websites of reputable kratom vendors like MIT45 and kratom advocacy groups such as the American Kratom Association (AKA).
Federal KCPA
The proposed KCPA bill, also referred to as S.3039, would require an established FDA task force to evaluate the quantifiable health benefits and risks of taking kratom and the safety of all kratom products.
The KCPA would also require all kratom vendors to:
- Ensure the purity of all kratom products to prevent adulteration and dangerous additives such as heavy metals from disreputable kratom vendors
- Obtain a vendor license to distribute, manufacture, and sell kratom products
- Place transparent and accurate labeling on every kratom product
In Arkansas and nationwide, the KCPA could allow kratom enthusiasts the peace of mind to enjoy products that have passed mandated kratom quality and safety standards.
Current consequences of kratom possession, sales, and use in Arkansas
Although many of the best, most high-quality products are available online, shipping kratom into Arkansas is also illegal. Even if you’ve purchased kratom products legally in another state, you could face severe legal consequences if you transport the botanical into Arkansas.
According to state code § 5-64-419, here are some of the legal ramifications you could experience if you’re caught manufacturing, selling, or using kratom in Arkansas:
- Class D felony charge (if you’re found in possession of 0g-2g of kratom)
- Class C felony charge for 2g-10g of kratom products
- Class B felony charge for 10g-28g of kratom
- Up to 20 years in prison
- $15,000 fine
AKA and kratom advocacy
The AKA is the premier national organization for kratom advocacy, awareness, education, and research. The group advocates for a national KCPA to allow people from all walks of life to enjoy safe kratom use, and the AKA website includes numerous resources for those just beginning their kratom journeys.
The AKA’s GMP (Good Manufacturing Practice Standards) Qualified Vendors guide includes MIT45, and includes only reputable kratom vendors committed to transparent product labeling, purity, and safety. As AKA continues to support the KCPA, the Arkansas kratom ban could change, too.
Where is kratom legal in the U.S.?
Although many states allow unregulated kratom, others — including Colorado and Texas — have recently passed kratom regulations. Along with Arkansas, several other states, including Indiana, have banned kratom.
Thus, it’s a good idea to read up on laws in your area before you make a kratom purchase or use the botanical. This guide is a general resource to kratom’s state-by-state legal status, and a basic internet search should provide any updates as well.