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Kratom’s Legality in Illinois: Exploring Past and Present Regulations

April 11th, 2024LegalityNo Comments »

You may be happy to know that Illinois has made kratom illegal despite several attempts to list it as a Schedule I or II controlled substance in the past. This is all thanks to the kratom advocates, lobbyists, and users who have all fought for kratom’s legal access in the state.

This guide will talk all about kratom’s past and present regulations in Illinois as well as specific cities in the state that have made kratom illegal, of which there are currently five.

image of history of kratom legality in illinois

The History of Kratom Legality in Illinois

Even though kratom is still legal in the state of Illinois, there have been several successful and unsuccessful attempts to either ban or regulate kratom.

Illinois Kratom Control Act with Age Restrictions in 2014

In 2014, the first successful regulatory bill to regulate kratom sale and distribution took place in Illinois through House Bill 5526, sponsored by State Senator Micahel Connelly and Representative Reboletti. The bill restricts kratom purchases to individuals over 18 years of age, and Illinois was one of the first states to enact this type of regulatory policy regarding kratom.

House Bill 5526, or the Kratom Control Act, took effect on January 1, 2015. The passage of this bill highlights how the protection of minors in the state is a top priority, ones which kratom lobbying groups have openly advocated for.

Attempt to Ban in Illinois Kratom in 2017

The first attempt to make kratom illegal in Illinois happened in 2017 through House Bill 4106, proposed by Democrat Representative Katie Stuart. This bill amended the former 2014 Kratom Control Act from restricting the sale and distribution of kratom to only adults over 18 to banning all kratom-related products from any person of any age.

Thankfully, due to the lobbying activities of the American Kratom Association and kratom users in Illinois, the bill was shut down, and kratom remained legal within the state.

Yet another Attempt to Ban Kratom in 2020

Three years later, for a second time, kratom legality was again threatened when another Illinois Bill proposed to list it as a Schedule II Controlled Substance. This happened during the 2019-2020 legislative session when Democrat Representative Martin Moylan proposed and drafted House Bill 5657.

The consolidated efforts of kratom advocates and users pushed back against House Bill 5657, and it did not push forward past the house stage.

image of cities of illinois where kratom is legal

Cities in Illinois where Kratom is Illegal

Despite kratom’s legality in the entirety of Illinois, there are still a few cities within the state that decided to make kratom illegal, along with its primary alkaloids, mitragynine and 7-hydroxymitragynine. If you were found possessing or selling kratom within the below cities, you could face misdemeanor penalties, fines, and potential jail time.

1. Alton

In March 2018, Alton, IL, passed an ordinance making kratom illegal within the city. This was led by Alton Police Department’s Deputy Chief Terry Buhs, stating that the product’s active chemical ingredients bring more risks than positive effects.

2. Central City Village

Central City was one of the more recent Illinois cities to ban kratom. A decisive move to permanently prohibit kratom sale, use, and possession took place in October 2023, proposed by the village board because of several concerns about its potential for abuse and adverse effects.

The move to make kratom illegal was pushed forward by Police Chief Jamie Ramsay, who personally shared his negative experiences with kratom. Mayor Neely Reed supported this decision, highlighting that kratom was also banned in a few other states and should be banned in Central City Village. These combined efforts eventually led to the passage of the ordinance, effectively making kratom illegal in the city

3. Edwardsville

A unanimous vote to ban kratom took place in Edwardsville by the City Council during a legislative session on February 25, 2020. The decision was based on the council’s knowledge of kratom’s potential for misuse and abuse.

Mayor Hal Patton was also involved as the council discussed the balance between kratom’s benefits and potential negative effects. Ultimately, the decision to ban kratom in Edwardsville became firm and final; however, the city council mentioned it was still willing to reopen and revisit discussions regarding its regulation if there were any new research studies on its safety in the future.

4. Glen Carbon

There was also a unanimous decision to ban kratom sale and possession in Glen Carbon on August 26, 2019, because of its risks and adverse effects. Two people were responsible for this decision: Police Chief Todd Link, who explicitly mentioned kratom’s potential for abuse and misuse, while Jim Schrempf, a village attorney, focused on stating the risks of adulterated kratom products and misleading labels affecting consumption.

Despite kratom being illegal in Glen Carbon, the American Kratom Association tried to educate the city about the need for more proper regulation, explaining the need for more research and analytical studies. However, these attempts were thwarted, and kratom ultimately has been illegal in Glen Carbon, Illinois, ever since.

5. Jerseyville

Jerseyville also joined the bandwagon and banned kratom because of its reported risks. The city also prohibited the sale, possession, distribution, and delivery of any substance or products containing kratom or its two primary alkaloids. Violating the kratom laws in Jerseyville can result in up to $100 in fines and/or up to 30 days in jail for a first offense and up to $750 in fines and/or 30 days in jail for a second offense.

image of does kratom have any regulatory laws

Does Illinois Have any Regulatory Laws?

The KCPA, or Kratom Consumer Protection Act, is a regulatory framework supported by the American Kratom Association that regulates the sale and distribution of kratom and any product containing its primary alkaloids. The goal of KCPA-type laws is to help protect consumers by regulating manufacturers and sales of kratom, by enacting things like age restrictions, labeling requirements, and manufacturing policies.

However, even though 12 states have passed and adopted a KCPA-like framework, Illinois has yet to enact this type of regulatory law. Instead, the state relies on its age restrictions from the Kratom Control Act of 2014, putting into place a minimum age of 18 to purchase kratom legally.

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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