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Is Kratom Legal in Idaho?

December 11th, 2023LegalityNo Comments »

At the moment, kratom is legal to buy and use in Idaho. But lately there have been some efforts by lawmakers to put new rules in place around the kratom industry, with the goals of making it safer and keeping better watch over things.

Back in 2020, a bill called Idaho House Bill 567 was put forward to require stricter registration, testing, labeling and ingredient standards for kratom products being sold here. It also wanted to restrict sales to people under 21. More recently in 2021, Idaho House Bill 168 outlined similar sorts of regulations through something called the Idaho Kratom Consumer Protection Act. It aimed for the same kinds of goals around safety and accountability from kratom vendors in Idaho.

Neither of those bills ended up passing at the time. But the fact that legislators tried shows there’s definitely growing interest in regulating kratom more within the state. So for now kratom is still legal and easy to access. But tighter rules could be coming soon.

Efforts in the Past to Regulate Kratom Here

Idaho House Bill 567 back in 2020 wanted new kratom regulations. It called for registering products and testing them to meet certain safety, ingredient and labeling standards. It also wanted to ban contamination, adulterating products, and selling to anyone under 21.

If it had passed, vendors would’ve had to register products for $250 each and show lab certificates analyzing levels of 7-hydroxymitragynine, no controlled drugs, and limits on bacteria and heavy metals. If a product failed, the vendor would lose registration rights until new passing results came through.

Labeling would also need to accurately describe the kratom, and vendors couldn’t spike products with anything dangerous or synthetic. Finally, only people 21+ could purchase.

image of past attempts to regulate kratom in idaho

If vendors broke the product registration rules, they’d face $500+ fines per violation. And if labeling, sales bans, or age limits were violated, that could lead to $1000+ fines and even misdemeanor charges.

Vendors would have some legal protection though if they could show they reasonably relied on information from manufacturers and suppliers about products being compliant. This could get them out of some civil penalties.

So in short – lots of possible scaled fines and charges for anyone selling kratom irresponsibly based on the proposed new regulations. But ultimately no final decision was made on the bill. So it’s still an open question if rules like these will happen.

The Idaho Kratom Consumer Protection Act

In 2021, the Idaho Kratom Consumer Protection Act (KCPA) was also put forward through House Bill 168. It aimed to make buying and selling kratom here safer.

Under it, vendors would need to register with the state agriculture department to legally manufacture or sell kratom. Spiking products with banned or synthetic chemicals would be outlawed too.

The KCPA also called for set standards on labeling, testing and ingredients. Independent labs would need to analyze products, with labeling done properly and alkaloid contents capped. Each violation of the rules would mean $1000 fines.

Finally, it wanted age checks and bans on selling to anyone under 21. Unfortunately this bill didn’t move forward either at the time. But if rules along these lines take effect, the hope is consumers here can use kratom more safely.

image of future predictions on kratom legality in idaho

What Might Happen to Kratom Laws Here

Even though kratom is currently legal here, we’ll probably see new restrictions coming from lawmakers soon based on those recent proposals. There’s clearly political will to add extra oversight on safety and fair business practices in the kratom trade here.

So in 2023 or 2024, new bills around registration fees, labeling standards, alkaloid testing, and harsh fines for violations could be in the cards. Added rules around age limits and sales bans for under 21s also seem likely.

While outright prohibition probably isn’t coming just yet, very strict regulations around making and selling might happen to ensure safety and ingredients. Packaging and marketing guidelines could come too.

The future’s uncertain, but recent history tells us Idaho will clamp down more with binding rules around kratom. Vendors and buyers should prepare for new duties on both sides. And local advocacy groups should keep working to promote safe, responsible use so balanced new laws can take shape.


CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.

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