Is Kratom Legal in Canada? [2023 Update]

Kind of. Kratom is legal in Canada for personal use and possession. However, vendors are not authorized to sell kratom as a natural health product for human consumption. This creates a complex legal landscape, but things are not too bad for Canadian kratom lovers.

In this guide, I will take you through the ins and outs of kratom law in Canada. I will touch upon the history of kratom law to the current setup while explaining what that means for you. Whether you live in Canada or take trips north of the border, this post is for you! 

Yes, Mitragyna speciosa (kratom) is legal in Canada, but this is more by default than anything else. It is not that Canadian authorities do not take issue with kratom - they just haven’t taken action to ban it. As in the U.S., kratom emerged in Canada in the 1990s as an unknown quantity.

Health Canada, the government department responsible for the country’s national health policy, does not allow the sale of kratom as a consumable natural health product. Any retailer caught marketing kratom in this way could face criminal prosecution.

Canadian vendors get around this restriction by marketing kratom products for other purposes. So, don’t worry if you see kratom powder being sold as incense or an aromatherapy ingredient - it is exactly the same product and does the same thing!

Therefore, while it is more difficult to promote kratom in Canada, the herb is still legal and available in various forms. Provided you know what you are looking for, you should not have a problem. There are no laws against possession or use that could come back to bite you. 

Canada had no legislation to deal with kratom when it first emerged in the country. Part of this is because the herb is unusual. The main active compound in kratom, mitragynine, is an indole alkaloid. Mitragynine is naturally occurring and does not fit into a group of already-banned substances.

In May 2018, Canadian authorities seized several kratom products from two stores in Edmonton. Health Canada noted that it is illegal to sell health products in Canada without the department’s authorization.

Several products were seized, including kratom powder and capsules. Bali, Maeng Da, and Thai were the three strains affected, but I imagine these were the only strains on sale.

Unsurprisingly, the owner of these cannabis lifestyle Edmonton stores, Dan Barsotti, was frustrated about the raid, describing Health Canada’s behavior as “aggressive” in an interview with CBC News.

Barsotti explained that vendors are put in an unwinnable situation. The authorities want vendors to acquire a health number to sell kratom products, but there is no viable way to get such a number.

Paula Brown, the president of the Natural Health Products Research Society of Canada, argued that Health Canada was making unsubstantiated claims about kratom. Despite repeatedly asking for evidence on why it views kratom as harmful, the department did not send Brown a response.

This is irritating as it leaves everybody in the dark. If Health Canada has knowledge of kratom’s risks, they should be making people aware. Instead, it seems like they would rather the public doesn’t use kratom, but know the science isn’t there to justify a complete ban.

In October 2020, Health Canada mentioned kratom in another public advisory about unauthorized products. The department warned that kratom products could contain dangerous ingredients or ingredients not listed on the product label. Health Canada recommended that people stop using kratom and consult a medical professional if they had any concerns. They also advised reporting any kratom-related adverse health events or complaints to them.

This statement made it crystal clear that kratom must not be sold for human consumption in Canada. But it stopped short of banning the substance altogether. And that explains how we have arrived at this current situation, where kratom is technically legal but not for its primary purpose! 

It is tough to say, but I hope the Canadian authorities will take a pragmatic approach to kratom. Historically, the country has adopted a curious stance towards controversial substances, such as psychedelics, and is typically supportive of scientific research.

Furthermore, Canada has legalized medicinal and recreational marijuana. I see this as crucial context. It suggests that rather than pursuing senseless bans, Canada examines every substance on its merits, weighing the pros and cons before deciding on policies.

That is likely good news for kratom. Many of the U.S. bans came without evidence. Some of the legal texts indicate that lawmakers didn’t even understand kratom before criminalizing it! I don’t think we will see such frustrating policymaking in Canada.

Sure, Health Canada might talk negatively about kratom and make unsubstantiated claims, but they have not gone further than that. Making noise and calling for an outright ban are two different things.

Of course, evidence-based policies could work the other way, depending on what research emerges. Should the science recommend it, Canadian lawmakers could still ban kratom or decide to make it available on a prescription-only basis.

But based on my understanding of kratom, I find this unlikely. I am optimistic that kratom will stay legal, with more regulation possible in the future. But this would be a positive development! Anything to enhance product quality and boost industry standards would be great for consumers.

It is possible to buy kratom in Canada. While there are restrictions on how kratom can be sold, clever stores know how to navigate them. Plenty of shops in the Great White North sell kratom as an aromatherapy ingredient or incense.

However, due to said restrictions, many vendors decide that selling kratom is not worth the hassle. You may struggle to find brick-and-mortar shops that stock kratom - and expect to pay high prices even if you do.

I recommend online retailers for your kratom needs. Several web-based vendors will ship products to residences in Canada. What’s more, the process is efficient, prices are affordable, and you can research the brands and products before buying to ensure you are getting the good stuff. 

Kratom exists in a peculiar and precarious legal situation in Canada. While allowed, the herb is on Health Canada’s radar, which has expressed reservations. However, these concerns are not new, and kratom is still legal, suggesting the authorities are not overly eager to impose a ban.

So, even though kratom’s future is uncertain, I have a glass-half-full perspective. I cannot see Canada prohibiting kratom unless there is compelling evidence to do so. And since I don’t expect such evidence to emerge, I imagine kratom will remain legal!