Is Kratom Legal in Utah? [2023 Update]
Kratom is legal in Utah and regulated by the Kratom Consumer Protection Act (KCPA). Utah became the first state to pass the KCPA in 2019, setting an example now followed elsewhere.
Why did the Beehive State pass the KCPA, and what does it mean for the kratom industry? Good questions and ones I will be happy to answer in this post! I am a fan of Utah’s approach and love how it has set the ball rolling to give all Americans access to safer kratom.
Is Kratom Legal in Utah?
Yes, despite regulation, kratom is not a controlled substance in Utah. Kratom is legal wherever you are in Utah, which isn’t the case in all legal states. Counties and cities can set kratom laws, but nowhere has gone down a prohibition route in Utah.
And there is no funny business going on! Manufacturing, possessing, selling, buying, and using kratom are all legal in Utah, so producers, retailers, and consumers have nothing to worry about.
Even better, kratom is legal in all the states that neighbor Utah. There have been horror stories of non-citizens getting caught with kratom in states where it is banned. But there is no risk of that happening in and around Utah.
History of Kratom Law in Utah
A legal and regulated kratom market was never a certainty in Utah. There were several efforts to ban kratom in the mid-2010s, and the industry was not helped by a salmonella outbreak. Here’s what went down.
Utah House Bill 110 (UT HB0110)
Utah amended its Controlled Substances Act in 2017. Kratom was fortunate not to make it onto the list. At one stage, mitragynine and 7-hydroxymitragynine were set to become Schedule I drugs. But lawmakers removed them from House Bill 110 before voting on it.
Unfortunately, this brought attention to kratom in Utah, which didn’t bode well the following year.
2018 Kratom-Related Salmonella Outbreak
In 2018, a salmonella outbreak hit the United States, with contaminated kratom from Indonesia deemed the culprit. Two people in Utah were affected - one purchased kratom online, while the other bought from a brick-and-mortar vendor.
The outbreak confirmed many people’s worst fears about the dangers of an unregulated kratom industry. If there were proper checks on manufacturers and retailers, these contaminated products would never have made it to market, and nobody would have gotten sick.
But instead of overreacting, Utahan lawmakers opted for a sensible approach.
Utah Kratom Consumer Protection Act
Utah is a trailblazer! In May 2019, the Beehive State became the first to pass the Kratom Consumer Protection Act (KCPA). Several states have since done the same, much to the delight of the American Kratom Association (AKA).
Senator Curtis Bramble (R) and Representative Bradley Daw (R) introduced Utah Senate Bill 58 (UT SB0058) in January 2019. The bill progressed through the Utah State Legislature, passing in the Senate by a 39-34 margin, before being signed into law by former Governor Gary Herbert.
The first KCPA in the nation has set a blueprint for others to follow. Let’s see how the act has changed the kratom market in Utah.
- Processors cannot create products with non-kratom substances that affect the kratom’s potency or quality in a way that is injurious
- Products must not contain poisonous or otherwise deleterious ingredients
- The 7-hydroxymitragynine level must not comprise more than 2% of a product’s total alkaloid content
- Products containing synthetic mitragynine, synthetic 7-hydroxymitragynine, or other synthetic kratom compounds are banned
- Products must come with a label stating the amount of mitragynine and 7-hydroxymitragynine present
- It is illegal to sell kratom products to persons under 18 years of age
Violating any part of Utah’s KCPA is a criminal offense and a Class C misdemeanor. This is punishable by a maximum of 90 days in jail and $750 in fines. Class C is the least severe misdemeanor in Utah, but it is still something to avoid at all costs!
Will Kratom Stay Legal in Utah?
The KCPA makes it more likely that kratom will remain legal in the Beehive State. Putting strict requirements on processors reduces the risk of incidents like the 2018 salmonella outbreak. And that means lawmakers have less incentive to come after kratom.
However, recent events in Nevada show that passing the KCPA doesn’t necessarily end the kratom debate. In 2022, the Nevada State Board of Pharmacy called an online hearing to investigate kratom, with a view to making it a Schedule I drug. Thankfully, it came to nothing.
Even so, kratom users must stay alert to the goings-on in Utah. If any prohibition plans emerge, the community must fight back quickly. Many ban attempts have been successfully fought off thanks to good organization.
Will the Federal Government Ban Kratom?
Frankly, nobody knows. But it is unlikely that the federal government will forget about kratom forever! The Drug Enforcement Administration (DEA) could explore another ban, or Congress may regulate the industry with a federal KCPA.
In a worst-case scenario, the federal government could add kratom to the Controlled Substances Act, with Utah following closely behind. However, while this is possible, I consider this extremely unlikely to happen soon.
Curious to learn more about what the federal government thinks of kratom? Check out this post!Where to Buy Kratom Products in Utah?
Buying pure and premium kratom in Utah is easier than ever. The KCPA makes things less hassle for consumers, although you should still research the scene and shop around for the best deals.
If purchasing from a store that specializes in kratom, finding third-party lab results and products with the correct labeling should not be an issue. Even with the KCPA, sketchy kratom is most likely to come from gas stations, convenience stores, and other non-specialists.
Despite the widespread availability of kratom in Utah, I get all my products online. It is more time-efficient and convenient, and I usually get free shipping if I spend enough! I can find out everything I need to know about a product before I buy. Oh, and it is cheaper, too!
While buying kratom in-store rarely represents good value for money, you may want to do so for other reasons. If you are in Utah, here are three brick-and-mortar kratom stores to try.
Final Thoughts
Utah showed everybody how to make kratom a success in the United States! In the more than three years since the KCPA passed, we haven’t seen another scandal like the salmonella outbreak in 2018. Utah is proof that regulating the kratom industry is beneficial for everyone.
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