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Do you get confused by kratom’s legal status? Don’t panic! I am here to simplify the complex legislation and present things in a way that is easy to understand. In this article, I will cover the pressing question, “Is kratom legal in Nevada?”
The bottom line: Yes, kratom is legal in Nevada! More than that, the state’s market is regulated by the Kratom Consumer Protection Act. This ensures customers can access high-quality kratom, correctly labeled products, and more.
Welcome to this review of kratom law in Nevada! I will look at the history of kratom legislation in the state, what regulation means, and where to buy products. If that sounds like your thing, join me for the ride!
Is Kratom Legal in Nevada?
So, what do I mean by legal? In short, Nevada does not list kratom - or any compounds found in kratom - under its controlled substances legislation. Manufacturers can create products, retailers can sell them, and consumers can purchase, possess, and use them. It’s that simple!
Notably, kratom is legal everywhere in Nevada. In some places, kratom law varies throughout the state, with cities and counties enforcing bans. Thankfully, that is not the case in Nevada.
Furthermore, kratom is legal in all five states Nevada shares a border with - so you can relax about state lines! However, as mentioned in the Kratom Consumer Protection Act, you must be aged 18 or over to buy kratom in the state.
Nevada Kratom Consumer Protection Act
While nowhere sums up the Wild West like Nevada, that does not extend to kratom! The Silver State is one of four states in the nation to have passed and enforced the Kratom Consumer Protection Act (KCPA).
In March 2019, Rep. Jim Wheeler (R) and Rep. Steve Yeager (D) introduced Assembly Bill 303 (AB303) into the Nevada Assembly. The bipartisan bill gained traction and was passed by both chambers of the Nevada Legislature.
Former Nevada Governor Steve Sisolak signed AB303 into law in June 2019, following the lead of Arizona, Georgia, and Utah. The act brings several regulations to the state's kratom market. But they are all about improving the industry!
Let’s explore how AB303 has changed things in Nevada.
It is now illegal to sell kratom products to persons under the age of 18
Manufacturers must not adulterate products with non-kratom substances that affect potency or quality in an injurious manner
All products must have a label stating the ingredients and directions for safe and effective use
Kratom products must not contain synthetic alkaloids (i.e, synthetic mitragynine and 7-hydroxymitragynine)
Each violation of the law is subject to a civil penalty of no more than $1000
Interestingly, Nevada’s KCPA does not impose a 2% cap on the 7-hydroxymitragynine alkaloid. We have seen this with versions of the act in other states.
Ban Attempt
In some states, lawmakers look at banning kratom before implementing the KCPA. But the opposite is happening in Nevada. In 2022, the state’s Board of Pharmacy signaled its intention to review kratom’s legal status.
Worryingly, there have been murmurs about classifying mitragynine and 7-hydroxymitragynine as Schedule I substances. That would put these alkaloids in the same category as heroin, MDMA, and meth! If that were to happen, you could wave goodbye to Nevada’s kratom industry overnight.
Not only would kratom be illegal, but breaking the law would come with stiff financial penalties and perhaps even a prison sentence. This is the worst thing that could happen to kratom in Nevada.
As expected, the kratom community mobilized to fight the threat. The Board of Pharmacy removed scheduling kratom from its agenda after swathes of angry messages from consumers. Once again, this showed the power that kratom users have when working together!
Will Kratom Stay Legal in Nevada?
The failed ban attempt makes me uncertain but optimistic. It showed the Nevada authorities are interested in making kratom illegal. But it also demonstrated how influential consumers are when they organize! As the federal government found out, banning kratom is not so easy.
But the situation is less than ideal. And kratom’s legality could be at risk in Nevada if researchers produce evidence suggesting the plant is harmful. I hope it doesn’t come to that.
Kratom at the Federal Level
The federal government may have unfinished business with the kratom industry. The Drug Enforcement Administration’s (DEA) notorious bid to ban kratom a few years ago fell short. But that doesn’t mean kratom’s legality at the federal level is a closed case.
If the worst happens and kratom becomes a federally controlled substance, Nevada may follow suit. But without scientific research that allows the DEA to make the prohibition argument, I think kratom will stay federally legal.
Interested in learning more? I cover kratom’s legality at the federal level in more detail here.
Where to Buy Kratom Products in Nevada?
Thanks to the Silver State's legal and regulated market, there has never been a better time to buy kratom in Nevada. The KCPA has weeded out the sketchy brands selling fake and harmful products. And consumers have more information than ever about what they are getting.
Selling kratom is a profitable business in Nevada. In addition to specialist retailers, many smoke shops, head shops, gas stations, and convenience stores also try their luck at selling products.
The KCPA means that all kratom vendors should conform to labeling and product quality standards. Therefore, where you choose to buy your kratom should not matter as much.
However, brick-and-mortar shops all face a problem not shared by online kratom retailers - the prices are simply too high! I have seen products for sale in physical shops costing two or three times more than they should. And you have less choice at the store than when buying online.
Even so, physical kratom retailers have a place, especially in the regulated Nevada market. Here are three kratom-selling stores operating in the state today.
Final Thoughts
Nevada is an intriguing but concerning case. Kratom is legal, and having the KCPA is awesome for consumers. But the Board of Pharmacy hearing shows that even regulated markets are not safe from ban attempts.
Rest assured, the kratom community will fight hard against any effort to make kratom illegal. But that I even need to mention it shows the fight for legal kratom might not be over in Nevada.