Is Kratom Legal in Illinois? [2023 Update]
Kratom is legal in Illinois, although it is one of those complicated cases. While permitted at the state level, Illinois has several local kratom bans that muddy the legal waters. Don't worry, though - I am here to clarify the situation!
In this post, we will discuss where kratom is and isn't legal in Illinois, the history of kratom law in the state, and where you can purchase products. Ready? Here we go.
Is Kratom Legal in Illinois?
The Illinois General Assembly does not classify kratom (the whole plant or its constituents) as a controlled substance. Hence, the manufacture, possession, sale, purchase, and use of kratom are all legal in the Prairie State.
Only persons aged 18 or over can buy kratom in Illinois. Furthermore, the state’s kratom market is unregulated, meaning product quality can be hit and miss.
Annoyingly, kratom is not legal everywhere in Illinois. While the General Assembly has no issue, three cities and a village in the state have banned kratom over recent years.
Where is Kratom Banned in Illinois?
Kratom is prohibited in the cities of Alton, Edwardsville, and Jerseyville and also in the village of Glen Carbon. Let’s look closer at the legal position of each jurisdiction.
Alton: In 2018, the city passed an ordinance banning products containing mitragynine, 7-hydroxymitragynine, and epicatechin, three substances found in kratom. Alton officials noted the risks that pro2ducts pose to children.
Edwardsville: This Illinois city banned kratom in March 2020. Edwardsville’s city officials passed a prohibition vote by a unanimous 6-0 margin. Alderman Art Risavy noted that the lack of evidence of kratom’s effects was influential in the decision.
Jerseyville: The southern Illinois city first raised concerns in 2012 before eventually banning kratom in 2017.
Glen Carbon: This Illinois village banned the sale and use of kratom in 2019 after local officials described the plant as unsafe. Glen Carbon’s Public Safety Committee voted 3-0 in favor of an ordinance to make kratom illegal on August 20, 2019.
If you live near these areas, be sure to know where the city and village limits are. Getting caught with kratom in a banned location could be a financially costly mistake or worse.
History of Kratom Law in Illinois
Like many states, kratom has a lengthy legal history in Illinois, with multiple prohibition and regulation efforts that could have outlawed or transformed the market.
The first kratom-related legislation came to Illinois in 2014, when the state banned the sale of products to those under 18. The Kratom Control Act made selling kratom to minors a Class B misdemeanor, punishable by a minimum $500 fine.
But this law is nothing to complain about. After all, kratom is not for children. Anything that keeps products away from kids is likely to reduce kratom-related harms. That is something we should all get on board with!
Kratom Control Act Amendment Plan
In October 2017, Rep. Katie Stewart (D) introduced Illinois House Bill 4106 (HB4106). This sought to expand the restrictions imposed by the Kratom Control Act. Stewart’s bill would have made buying kratom a Class B misdemeanor for all Illinois persons, not just those under 18.
Therefore, HB4106 would have effectively resulted in a statewide kratom ban. Thankfully, it failed!
Illinois Kratom Consumer Protection Act
Illinois considered passing the Kratom Consumer Protection Act (KCPA) in 2020. Now adopted in numerous states, the KCPA seeks to improve product purity, enforce labeling requirements, and more. It is supported by the American Kratom Association (AKA).
Rep. Marcus Evans (D) introduced Illinois House Bill 4681 (HB4681) in February 2020. Unfortunately, the bill garnered no traction and died in the House Rules Committee at 25% progression.
Prohibition Attempt (IL HB5657)
Rep. Martin Moylan (D) introduced Illinois House Bill 5657 (HB5657) the following week. This bill aimed to repeal the Kratom Control Act and make kratom a Schedule II controlled substance by amending the Illinois Controlled Substances Act.
HB5657 also died at 25% progression after being referred to the House Rules Committee. Since this hectic period with bills to ban and regulate kratom, we have not seen any further legislation introduced to the Illinois House or Senate.
Will Kratom Remain Legal in Illinois?
There is no threat to kratom’s legality in Illinois at the state level, for now. However, the cities and villages that have opted for prohibition will likely stay that way.
The previous House bills show that Illinois lawmakers have considered regulating or banning kratom. That makes the future unpredictable. Things could depend on whether scientific evidence emerges in favor of or against kratom.
Kratom and Federal Law
Policy changes in D.C. could trickle down to Illinois. The federal government is not presently planning a kratom ban. But some activists remain fearful that the DEA may try again.
Check out this comprehensive post for more information about kratom at the federal level.
Where to Buy Kratom Products in Illinois
Provided you don’t live in Alton, Edwardsville, Glen Carbon, or Jerseyville, you can buy kratom in the Prairie State. Shopping in Illinois’ unregulated market is sometimes difficult. But there are plenty of genuine vendors selling pure and high-quality products.
I recommend shopping at a specialist store for the best kratom in Illinois. Vendors with industry knowledge know which brands are the real deal and how to check if a product is legit. These stores also respect customers by making third-party lab results available.
However, other brick-and-mortar kratom sellers include head shops, smoke shops, gas stations, and convenience stores. Some care more about brand quality than others.
However, pretty much all physical stores tend to charge more than online vendors, even for the same products. That is just the nature of shopping in the 21st century. Internet stores will nearly always be able to undercut their brick-and-mortar competitors.
But shopping in person has advantages, particularly if you want to buy kratom as soon as possible. If you are in Chicago, or Dolton, why not check out one of these stores?
Final Thoughts
It’s mostly good news for kratom users in Illinois - unless you live in a banned city or village. It appears that the plant will stay legal, but with no active plans to pass the Kratom Consumer Protection Act, you must be careful about what you buy.
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