Is Kratom Legal in Arizona?

Kratom Legality in Arizona

At Top Tree, we receive a lot of questions pertaining to kratom laws and regulations. In response, we’ve dedicated a series of posts aimed at answering your questions. This week’s topic: Is kratom legal in Arizona?

Arizona. Widely renowned for it’s breathtaking views (including a little gap called the Grand Canyon), there are certainly many reasons to visit the state. However, we are not here to talk about the flora, fauna, or other attractions within the state.

No, we’re here to address a different type of flora that has been making headlines here in the United States; kratom. More specifically, kratom and it’s legal standing within the state.

Kratom laws and regulations can be rather complex and difficult to navigate. That’s why we’re here! Due to the FDA’s refusal to regulate kratom at the federal level, states and other local governing bodies have been tasked to pick up the slack. As such, some states may have complete kratom bans, while others may have local ordinances restricting the sale or possession of kratom. (Check out our earlier post “Is Kratom Legal in California“, for examples of this)

So what about Arizona? We are pleased to announce that kratom is, in fact, legal throughout the state of Arizona! Adult kratom enthusiasts within the state are free to enjoy the traditional Southeast Asian Mitragyna speciosa plant in many forms.

Despite the intent to ban the sale of kratom in 2014, there is no cause to assume kratom’s current legal status in Arizona is in jeopardy. On the contrary, kratom advocates in Arizona can breathe a sigh of relief knowing that plant has regulatory policy protecting it’s legal status in the state.

But what does kratom regulation actually mean?

Kratom Regulation in Arizona

For starters, it is important to define what “kratom regulation” actually entails.

Regulation is officially defined as “a rule or order issued by an executive authority or regulatory agency of a government and having the force of law”. What does this mean in the context of kratom regulation?

In short, the regulation of the kratom industry in your state helps to ensure that the kratom you’re buying is safe and of proper quality. By introducing procedures and standards for kratom manufacturers, this helps to keep all vendors “playing by the rules”.

For instance, we subject our 100% natural kratom tea to rigorous lab testing to ensure quality, as well as the delivery of a consistent alkaloid content.

Without oversight, vendors may opt to cut corners in search of profit. This can include the addition of potentially harmful substances to the kratom product, or even the marketing of non-Mitrgyna speciosa products as kratom itself in extreme cases.

Regulation of kratom can include:

• Prohibiting sale of kratom to certain age groups (ban of sale to minors – in most cases)
• Requiring special labeling and packaging instructions
• Placing quality control requirements (like lab testing) on all kratom products
• Setting forth clear processing and storage requirements
• Defining penalties for violation of policy

This is clearly not a complete list, but it’s a good representation of what kratom regulation may look like in practice. Kratom regulation, in essence, aims to protect both kratom vendors and kratom advocates alike with safeguards for the industry as a whole.

Now that our definition of regulation is clear, what does regulation of kratom look like in Arizona?

Kratom Consumer Protection Act

The Arizona Kratom Consumer Protection Act (AKCPA) officially became law in April of 2019, after unanimous passage in both chambers of the state legislature.

Officially titled House Bill 2550, the bill provides a regulatory framework for kratom sale in Arizona. Let’s take a look at some of the provisions of the bill.

House Bill 2550

According to House Bill 2550, Vendors must:

• Not sell kratom to any individual under the age of 18
• Not sell kratom products that contain potentially harmful non-kratom substances that might otherwise alter kratom properties
• Refrain from selling kratom products containing synthetic kratom alkaloids or compounds
• Not sell kratom containing 7-hydroxymitragynine that makes up over 2% of the overall alkaloid content

In addition, vendors hoping to remain in legal status must:

• Provide proper labeling that clearly states the presence of 7-hydroxymitragynine and mitragynine
• Include clear instructions for use of the product, including suggested serving size
• List the common name of each ingredient contained within, in descending order of dominance in the product
• Add any precautionary statements regarding kratom, including safety and effectiveness

*Provisions of House Bill 2550 are not word-for-word copy, and as such are not official legal transcriptions. You can read the bill in it’s entirety here.*

In addition, House Bill 2550 states the penalty for violation of any provision within the bill. Any violation of any such provision of the bill can result in a class 2 misdemeanor, which carries a penalty of up to 4 months in jail or a $750 fine.

Seems like some pretty solid rules to have, right? We think so too.

Can Arizona Still Ban Kratom?

Kratom is currently legal in Arizona, and has the added protection of the Arizona Kratom Consumer Protection Act working in its favor. Does this mean a future ban is impossible?

Well, to put it bluntly, no. While there are no current plans to ban kratom or reverse the KCPA in Arizona, this does not mean kratom’s legal status is impervious to change. Much like any policy decision made in the United States, the KCPA in Arizona can always be reversed or amended.

For starters, kratom’s legal status is always subject to change as long as federal agencies like the FDA (Food and Drug Administration) and DEA (Drug Enforcement Agency) are around. For years, the FDA and DEA have attempted to ban kratom domestically under the Controlled Substances Act. In 2016, The DEA’s intention to pursue a domestic ban was vehemently defeated, after 130,000 Americans signed a White House petition opposing their decision. Additionally, 51 members of congress wrote a letter to the DEA, urging them to listen to the public.

After failing to classify kratom as a schedule 1 controlled substance (putting it in the same class as hard drugs such as heroin and ecstasy), the FDA appears to have taken a global approach.

The FDA seems to have put a domestic ban on hold, and instead seeks to use the World Health Organization (WHO) as an instrument to bring their kratom ban to life. They appear to seek WHO’s recommendation to schedule kratom as a schedule 1 drug, which would bring about a global ban on the product.

The American Kratom Association (AKA) is actively opposing this shady strong-arm tactic by the FDA. Speaking of the AKA, that brings us to our next (and final) important talking point. Kratom advocacy.

Kratom Advocacy

We here at Top Tree are all about kratom tea. We can’t continue to provide you the quality tea that we love if there is a ban in your state, or if a federal ban should ever come to fruition. So what can you do about it? Advocacy is the key!

For any and all kratom advocacy questions, your first stop should be the American Kratom Society. The AKA has been at the forefront of the fight to protect kratom rights since its inception in 2014.

They even have a handy dandy state-by-state map where users can check current kratom policy status. In addition, the map shows any pending legislation (that pertains to kratom) within the state. If you really want to stay up to date, you can even sign up to become an American Kratom Protector, where you will receive the latest news regarding kratom policy in the United States.

If you have any further questions regarding kratom advocacy, you can always contact us at Top Tree. We’ll do our very best to point you in the right direction!

Kratom advocacy is extremely important to keep kratom legal for vendors and consumers alike. Of course, we recommend our independently lab-tested kratom tea bags to all those interested in kratom, but we realize that there are other options out there. Above all, we would prefer those other options be safe for our consumers as well.

Supporting policies like the Kratom Consumer Protection Act is the best way to achieve this goal.

Brief Final Word

If you made it this far, we appreciate you sticking around for the conclusion of our latest post: “Is Kratom Legal in Arizona?”. See, we told you kratom laws could be rather complex!

To recap, what have we learned today?

Well, to begin, kratom is legal for sale and purchase throughout the state of Arizona. However, due to the Arizona Kratom Consumer Protection Act, there are several stipulations that vendors and consumers must abide by (wait until you’re 18, kids!).

Regulation ensures kratom quality and safety. Without oversight, there is no guarantee that what you’re getting is 100% pure Mitragyna speciosa kratom. We highly recommend going with an AKA certified kratom vendor (like ourselves), just to be safe!

Advocacy is the best way to ensure that kratom remains safe and legal, for all (of age) individuals to enjoy. Kratom was traditionally a natural beverage, enjoyed by Southeast Asian laborers for centuries. We want kratom to return to its “roots” as the all natural beverage/plant it once was, as nature intended.

That’s it for this week! We hope you enjoyed this article, or at least left a little with a little bit more knowledge about kratom policy than you started with. Be on the lookout for next weeks article on the Better Brewing Blog, “Is Kratom Legal in Arkansas?”.

Thanks again for reading and cheers to better brewing!