Understanding the KCPA and what it offers to the Kratom Community
Oh, that wretched time of yore.
2016, that is. When the FDA and the DEA temporarily teamed up to take down kratom. We still don’t know why, really. They still haven’t been able to present a case. And yet there was a significant danger that kratom would be banned.
A remarkable public stand – and, you know, science – forced the motion back, and the American Kratom Association went from a grassroots organization to a legitimate advocacy group as it led the charge to protect kratom.
But the work wasn’t done. As detailed here previously, kratom is still banned in a select few states, and in others, threatened. While the logic behind these attacks is murky, the AKA has taken the initiative.
It has come in the form of the Kratom Consumer Protection Act.
What is the KCPA?
As a whole, the Kratom Consumer Protection Act is being pressed in every state in order to set forth guidelines to protect kratom consumers and related business. It looks to preempt any state or federal legislation that would – similar to 2016 – seek to ban kratom. At its core are notions of transparency, accountability, and protection for the community. While the effort is especially concerted in states where kratom is banned, the AKA is pushing the KCPA in all states.
Its provisions include:
- The KCPA will define kratom. This is important as some critics falsely claim that kratom is an opiate, while also lumping kratom in with adulterants that have been illegally added by nefarious actors. Kratom is a tree related to coffee, and the product is all natural tree leaf.
- Will dictate that kratom vendors have a standard of labelling and marketing. This will ensure that consumers know what they are getting, and will protect vendors and separate the bad actors from legitimate, worthwhile businesses.
- Ban kratom products which do not reflect the medicinal nature of the product and the ideals of the community. Kratom is known – and has been for centuries – as a plant with significant medicinal potential. Products that do not reflect this, are not well made, or contain adulterants will rightfully be banned.
- Ensures penalties are in place for those who do not follow good practices in line with serving the kratom community. This statute is in place to give lawmakers peace of mind, and also provide precedent for handling issues that ensures discussions don’t devolve into ideations of banning the product or removing it from consumers.
- Would require that kratom companies register and submit to these and other basic quality regulations in order to protect community. Again, this seeks to mitigate issues and thus protects the industry and its consumers, as having issues pop up would force the attention of critics and bring forth calls to ban it.
- Would give the Department of Agriculture oversight to set basic standards and regulations for the industry and enforce rules. This provides a formal enforcement and grievance arm that again seeks to protect the kratom industry and its consumers.
These various rules are not meant to be punitive, or to make things difficult for vendors or consumers. They are in fact in place to do the opposite; if the kratom community brings in tax money, is not infiltrated by bad actors, and runs smoothly, it means that any of the “You can’t do that!” crowd has no ammunition. It prevents prying eyes and recriminations against the industry at large for the actions of a few bad apples. It is entirely beneficial and gives lawmakers plausible comfort in allowing kratom to pursue the best interests of its community.
Who is pushing for the Kratom Consumer Protection Act, and whats its progress?
The American Kratom Association, as mentioned above, has taken a huge role in national advocacy of kratom. Currently, the AKA has some serious star power across its roster and is a legitimate organizations with political capitol. We were fortunate to have the opportunity to interview AKA lawyer Mac Haddow, who is at the forefront of the legislative push. Haddow, an experienced administrator with years in government, represents the sharp increase in the efficacy of the AKA, in that what was once a small ‘club’ of sorts now is a powerful political organizations which is finding its way onto statehouses across the nation.
Currently, a number of states have adopted the KCPA, like Nevada and Georgia. Encouragingly, these states did not even have a kratom ban in place. The KCPA ensures the kratom community can be protected in these communities – outside of any absurd federal overreach – and gives it credibility.
The 2020 COVID pandemic blunted the progress of the KCPA and the AKA, which was making a tear across the country. Numerous statehouses have received the regulation well, including states who previously have frowned upon kratom, like Wisconsin.
The KCPA is the single most important event occurring in the kratom community today. If you support this motion, consider showing some love to the AKA; they use donations well, and really do get after it.
Right now, the future is looking bright.
Let’s make sure our voices are heard.
Peace and Love,