Why Was Kratom Banned in Arkansas? The Controversial Prohibition of the Herbal Supplement

The Controversial Ban of Kratom in Arkansas

Kratom, an herbal supplement derived from the leaves of the Mitragyna speciosa tree native to Southeast Asia, has faced controversy in recent years over its legal status and health effects. In 2019, Arkansas banned kratom amidst debate from advocates and opponents. However, many continue to support access to kratom and question the ban in the state.

What is Kratom?

Kratom contains alkaloids such as mitragynine and 7-hydroxymitragynine that interact with opioid receptors in the brain. At low doses, kratom acts as a stimulant while at higher doses it has sedative effects. Many people use kratom powders, teas, or capsules to manage pain, boost energy, alleviate depression and anxiety, and mitigate opioid withdrawal symptoms.

Kratom exists in a legal gray area across much of the US. It is not currently regulated by the FDA though the agency has warned about dangers associated with its use. Some states have imposed restrictions or age limits on kratom purchases while others have banned it entirely.

Why Did Arkansas Ban Kratom?

In 2019, the Arkansas General Assembly passed a bill banning the sale and use of kratom. Proponents of the ban argued that kratom carries risks of abuse, addiction, and side effects such as psychosis. They also claimed kratom serves as a gateway to more dangerous opioids. Then-Arkansas Governor Asa Hutchinson supported the ban over concerns about the safety of kratom.

The Arkansas Department of Health was a leading advocate for the prohibition of kratom. Then-Director Dr. Nate Smith requested the ban after concluding kratom was essentially an addictive opioid that could not be safely consumed. They pointed to reports of death and liver damage associated with kratom use.

Arguments to Keep Kratom Legal

Advocates for continued kratom access disputed claims about the dangers of the herb. They argued it has a low risk for addiction and side effects compared to classic opioids. They pointed out kratom has been safely used for centuries in Southeast Asia.

The American Kratom Association highlighted that very few deaths have been conclusively linked to kratom alone. They also cited research suggesting kratom does not commonly serve as a gateway to stronger drugs. In addition, supporters said banning kratom would impede scientific research on its potential medical benefits.

Some kratom users in Arkansas said the herb helped them manage chronic pain, PTSD symptoms, and recovery from drug addiction. They expressed that a ban would return them to using dangerous prescription or illicit opioids.

The Ban Goes Into Effect

Despite opposition, the kratom prohibition took effect in Arkansas in the summer of 2019. Under the law, possession of kratom is a misdemeanor offense punishable by a fine up to $2000. Selling or distributing kratom is a felony with more severe penalties.

Law enforcement began raiding and seizing products from local kratom vendors. Some stores continued illegally selling existing stock under the counter while others closed shop entirely. Online kratom companies also stopped shipping to Arkansas addresses.

Impact of the Kratom Ban

According to the AKA, the kratom ban devastated the livelihoods of many store owners while depriving local consumers of access to a botanical they felt improved their wellbeing. Some kratom users have reportedly turned back to prescription medications or illicit drugs.

Critics argue Arkansas lawmakers enacted the prohibition on kratom without sufficient evidence of danger and ignored public opposition. They say banned kratom has continued circulating illegally with no oversight of safety or quality. The AKA continues working to reverse the ban through advocacy and legislation.

The Future of Kratom in Arkansas

Despite the statewide prohibition, efforts persist to once again legalize kratom in Arkansas. Supporters point to new research further confirming the relative safety of kratom. The AKA and others also argue that banning kratom infringes on personal liberties.

Some lawmakers have expressed interest in introducing legislation to allow kratom again but with regulations such as labeling requirements, quality control, and age restrictions. However, with the ban still relatively new, major changes seem unlikely in the immediate future. The debate around risks versus benefits of kratom continues in Arkansas amidst the ongoing national controversy.

FAQs

Why was kratom banned in Arkansas?

In 2019, Arkansas lawmakers passed a bill banning kratom over concerns from state health officials about its potential for abuse and side effects. Opponents argued kratom is relatively safe but the prohibition took effect regardless.

What are the penalties for kratom possession in Arkansas?

Under the Arkansas kratom ban, possessing any amount of the herb is a misdemeanor punishable by up to $2000 in fines. Selling or distributing kratom is a more serious felony offense.

Is kratom completely illegal in Arkansas?

Yes, kratom is currently prohibited in Arkansas for all uses and in any form. There are no exceptions allowing possession or use with a prescription or doctor's recommendation.

Could kratom be legal again someday in Arkansas?

While the ban is still fairly new, there are ongoing efforts to potentially reverse the prohibition in Arkansas through new legislation. However, major changes seem unlikely in the immediate future amid the divisive debate.