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What is The Current Legality of Kratom in Ohio?

September 9th, 2024LegalityNo Comments »

The controversies surrounding kratom have affected its legal status in various states across the United States. While kratom remains either unregulated or legal in most states, several states and cities have placed a ban on this herbal substance.

Currently, kratom is legal in Ohio, but there have been past failed attempts to either ban and regulate kratom in the state. This article will cover everything about kratom and the timeline of legislative events in the state of Ohio.

image of what is kratom

What is Kratom?

Kratom, or Mitragyna speciosa, is a plant native to Southeast Asia. It belongs to the same family as coffee. Traditionally, the leaves of this plant were chewed or brewed into tea to boost productivity and reduce fatigue.

Today, kratom is known and used by people all over the world for different reasons. At low doses, it has stimulating effects, and at high doses, it offers relaxing and sedative effects. The two major active compounds in kratom, known as alkaloids, mitragynine, and 7-hydroxymitragynine, are responsible for the effects of the botanical.

The FDA hasn’t approved kratom and warns the public against using it. Also, the Federal Drug Enforcement Agency (DEA) listed kratom as a drug and chemical of concern. For these reasons, there have been calls by concerned individuals and organizations to regulate the use of kratom in the United States.

The Legality of Kratom in Ohio

Currently, kratom is unregulated in Ohio, which means that it is freely available to purchase from local shops and can be ordered online. However, there has been an attempt to ban the two major alkaloids of kratom in Ohio (mitragynine and 7-hydroxymitragynine), but it was unsuccessful.

This attempt was made by the Ohio Board of Pharmacy in 2018. The board was seeking votes to classify kratom as a Schedule 1 substance, which would have created the highest criminal penalties for kratom possession. However, the American Kratom Association, a national kratom advocacy group, and its supporters pushed back against the proposed ban. Ultimately, the board reversed its decision, and kratom was not classified as a Schedule 1 substance due to a public outcry from kratom supporters.

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Proposed Ohio Kratom Consumer Protection Act: House Bill 236

Reps sponsored House Bill 236. Mark Fraizer and Scott Lipps also known as the Ohio Kratom Consumer Protection Act. It was introduced on March 25, 2021, passed the House on February 09, 2022, but died in the Senate Health Committee on Feb 16th, 2022.

If the Ohio Kratom Consumer Protection Act had passed, the below regulatory steps would have been adopted in Ohio.

  • The Director of Agriculture to formulate a program to regulate and monitor the processing and sale of kratom products.
  • The Director should consult with the Governor and the Attorney General, and together, they should establish standard rules for the regulation of kratom under the kratom processing program.
  • Anybody intending to process kratom into kratom products should obtain a processing license from the Director.
  • Establish prohibitions, procedures, and criminal penalties to enforce the law.
  • Give the Director the authority to enter public or private property known for the processing, distribution, or sale of kratom products to determine program compliance.
  • Give the Director the authority to determine certain emergency conditions. If these conditions exist, the Director can issue an order to require those conditions to be mitigated.
  • Establish the Kratom Program Fund in the state treasury for the Department of Agriculture. This is to administer and enforce the regulation.
  • Restrict the State Board of Pharmacy from adopting any rules of including kratom or kratom products in a schedule as a controlled substance.
  • Specify that kratom products are not drugs for purposes of the laws governing regulated pharmaceutical and criminal offenses.

image of are there any places to buy kratom in ohio

Are There Places to Buy Kratom in Ohio?

Since kratom is currently legal in Ohio, it is also legal to buy kratom in the state. You can buy kratom and kratom products in Ohio from local shops or online vendors. Nevertheless, your major concern should be to make sure you source for it from reputable vendors.

Right now, there are no quality assurances on kratom or regulation measures in Ohio. And just like other herbal products, kratom can be easily adulterated or contaminated. Therefore, you need to exercise the proper due dilligence yourself and make sure you are buying kratom from quality vendors. Contaminated or subpar kratom is a real cause for concern, and one can suffer from health complications by taking contaminated products.

Conclusion: What’s the Future of Kratom in Ohio?

The future of kratom in Ohio is unclear at this time. With one attempt to ban it by the Ohio State Board of Pharmacy and one attempt to regulate it under the proposed House Bill 236, the state appears to remain divided.

Looking at the 11 other states that have adopted regulatory bills and versions of the Kratom Consumer Protection Act, one can only be hopeful that Ohio may decide to veer this way in the future.


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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