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Is Kratom Legal In Oregon?

April 3rd, 2024LegalNo Comments »

Kratom has been a hot topic recently due to its potential acclaimed benefits. With so many issues surrounding it, many want to know if it is legal in different states. Let’s find out if Kratom is legal in Oregon. As some of you may or may not know, kratom is legal in the state, but there are some critical regulations through the Kratom Consumer Protection Act.

The Kratom Consumer Protection Act covers everything about regulations to make sure that all kratom products are manufactured correctly and only sold to adults. And for starters, any business that wants to sell kratom has to register their business within the state.

This guide will examine the rules about seller registration, product testing, age limitations, and labeling to provide the full picture of just how Oregon governs kratom’s legality and sale within the state.

Legal StatusCurrent Regulation in Oregon
Legal1.Seller registration required
2.Product testing for safety and purity
3.Age restrictions for purchasers (21+)
3.Clear labeling on products

image of oregon kratom consumer protection act

Oregon Kratom Consumer Protection Act

History and Legislative Process

The Oregon Kratom Consumer Protection Act, also known as House Bill 2646, was enacted during the 81st Oregon Legislative Assembly’s regular session in 2021. The bill was prepared in advance of the session’s commencement by a diverse group of legislators, including Senator Knopp and Representatives Post, Lively, and Smith DB, among others. It received Senate and House approval on June 24 and June 26, 2021, respectively, prior to Governor Kate Brown signing the act into law. The act, which was formally introduced by Secretary of State Shemia Fagan, went into effect in June 2022, with provisions becoming operational on July 1, 2022.

Main Regulatory Measures

Registration and Compliance

  • Kratom Product Definition: Any consumable containing any part of the leaf of the Mitragyna Speciosa plant is considered a kratom product.
  • Processor and Retailer Responsibilities: Processors should register with the State Department of Agriculture prior to selling or manufacturing kratom products. Retailers are also prohibited from selling products from unregistered processors.
  • Prohibited Products:  Prohibit the distribution of kratom products that have been compromised with hazardous substances, contaminated with dangerous ingredients, or contain an excessive quantity of 7-hydroxymitragynine or synthetic alkaloids.

Safety and Age Restrictions

  • Underage Prohibition: Selling kratom products to individuals who are minors (those under 21 years of age) is prohibited.
  • Labeling and Testing Standards:  Authorities of the State Department of Agriculture establish criteria for ensuring the authenticity of kratom products and that they are labeled accurately for the benefit of consumers.

Penalties for Non-Compliance

  • Civil Penalties: Processors and retailers found guilty of the violation can face civil penalties of up to $500 for a first offense and up to $1,000 for subsequent offenses. Those fined can request a hearing.
  • Criminal Penalties: Stores or Retailers selling to individuals under 21 may be charged with a Class C misdemeanor for each violation.

image of effective date and implementation

Effective Date and Implementation

The Oregon Kratom Consumer Protection Act was effective on July 1, 2022. The act becoming effective allows the Oregon State Department of Agriculture to implement essential pre-operative measures. The legislation allotted funds from the Oregon General Fund to the State Department of Agriculture and enhanced expenditure limits for the Department of Justice to help enforce the legislation. It also aims to regulate the sale and distribution of kratom products in Oregon. This act emphasizes consumer safety while penalizing non-compliance and protecting minors and at-risk groups.

Oregon Registration of Kratom Processors and Manufacturers

House Bill 4010, effective in Oregon on June 3rd, 2022, requires kratom processors or manufacturers to register with the Department of Revenue. The Oregon legislature first introduced it during the 2022 legislative session. As of July 1, 2023, those who intend to distribute, sell, or offer kratom products for sale must complete this registration.

Registration Details

  • Annual Registration Fee: $460
  • Renewal: Registration must be renewed annually.
  • Registration Platform: Completed and submitted electronically on Revenue Online.

Who Must Register?

Registration is a must for any processor involved in the sale, distribution, or exposure of kratom products intended for sale in the state of Oregon. A processor is a person or individual who wholesales or distributes kratom products to retailers.

What Constitutes a Kratom Product?

  • Kratom Product: Consumable products containing Mitragyna Speciosa or its primary alkaloids (mitragynine and 7-hydroxymitragynine) in beverages, food products, ingredients, dietary supplements, or dietary supplements.
  • Unfinished Kratom Product: Any part of the plant Mitragyna speciosa that has not been processed into a finished product or kratom product formulation intended for sale in its original state.
  • Finished Kratom Product: A product that is a combination of either unfinished kratom products with another substance or altered into a final form to be sold to a consumer, such as an extract.

image of registration process

Registration Process

To register, applicants will need to submit their business name, mailing address, and federal tax identifier (FEIN for businesses or SSN for sole proprietors).

Testing Process

In addition to the process listed above, HB 4010 also requires kratom products to be third-party tested to meet industry standards for adulteration. The Department of Revenue adopts OAR 150-475-6020 for testing standards, and processors must retain test results for batch samples.

Wholesalers

Wholesalers of Kratom must be aware that it is also essential for Registered Oregon kratom processors selling products acquired from another registered processor to ensure those products have been tested. If products are unaltered, wholesalers can satisfy testing requirements with an invoice from the initial processor indicating compliance with OAR 150-475-6020.

FAQs on Testing and Compliance

QuestionAnswer
Is an Oregon testing facility required?No, any facility that meets OAR 150-475-6020 standards can be used.
Do I need to retest a product already tested and unaltered?No, additional testing is not required if the product hasn’t been altered.
What if the kratom product is altered?If the product is altered in any way, it needs to be retested in accordance with OAR 150-475-6020.
Can I test only for standards not completed initially? Yes, if the product is unaltered. If altered, it must be fully retested according to OAR 150-475-6020.

Oregon’s Past Attempt to Make Kratom Illegal in 2017

Overview of Senate Bill 518

Although the Kratom Consumer Protection Act has been successfully implemented, previous attempts to make kratom illegal in Oregon. The first attempt was in 2017 when the 79th Oregon Legislative Assembly considered Senate Bill 518, which directed the State Board of Pharmacy to evaluate whether Kratom should be included as a controlled substance. The bill emphasized an urgent review process by declaring an emergency and had a sunset clause set for January 2, 2019.

If Senate Bill 518 had passed, it would have led to kratom being scheduled as a controlled substance in Oregon. This classification would have imposed significant criminal penalties and restrictions on the sale, distribution, and use of kratom within the state of Oregon.

Bill’s Failure and Outcome

Fortunately, Senate Bill 518 failed on July 7, 2017. This failure ensured kratom enthusiasts that kratom remained legal in Oregon without the proposed restrictions, maintaining its availability for consumers, retailers, and processors.

image of staying alert to legal changes in oregon

Staying Alert to Legal Changes in Oregon

While Oregon has passed the Kratom Consumer Protection Act, it’s still important to note that residents and visitors must remain vigilant about potential legal changes at the local level. Similar to how Sarasota County in Florida has its laws making kratom illegal despite statewide KCPA passage, cities and counties in Oregon retain the ability to enact their own laws regarding kratom. To stay informed about the latest developments in kratom legality and regulations, consider subscribing to the American Kratom Association mailing list and visiting speciosa.org for updates.

State Regulation of Kratom

Oregon is part of a group of states with active Kratom Consumer Protection Acts, focusing on regulation to ensure quality and compliance of kratom sellers and manufacturers rather than imposing bans.

States with Kratom Consumer Protection Acts

  • Oregon
  • Nevada
  • Utah
  • Arizona
  • Colorado
  • Texas
  • Oklahoma
  • Georgia
  • Florida
  • West Virginia
  • Virginia

image of states where kratom is illegal

States Where Kratom is Illegal

Despite the push for regulation in some states, others have opted to ban kratom entirely, including:

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin.

While a Federal Kratom Consumer Protection Act is under consideration, it would not override specific state measures, allowing states like Oregon to maintain their regulations. This approach reflects a balance between ensuring consumer safety and accessibility.

Final Thoughts on Kratom Legality in Oregon

The Kratom Consumer Protection Act of Oregon strikes an effective balance between protecting consumer interests and maintaining kratom accessible. Through the implementation of regulations such as seller registration, product testing, and age restrictions, Oregon has established a paradigm for the regulation of kratom.

The approach bypasses the banning approach of kratom that exists in certain states, thus preserving the accessibility of kratom while minimizing possible risks by bad actors selling to minors or introducing adulterated and/or impure products. In the continual development of kratom regulation at the state and federal levels, the measures implemented in Oregon present a prospective roadmap for a regulatory framework that is fair and prioritizes quality and authenticity of kratom products.


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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