Is Kratom Legal in Hawaii?: The Attempt to Ban It and Where It Is Now

Kratom products have always had legal status in Hawaii. However, in SB3307, state legislators stressed that it’s illegal to give or sell kratom to those under 18 years old.

If a vendor or owner of kratom products gets caught doing so, they will receive a fine of $500 to $1,000. The fine will depend on whether it’s the perpetrator’s first or second offense. Stricter measures apply to third-time offenders.

Hawaii’s Past Legislation Efforts to Ban Kratom

Hawaii has always been lenient with the use and distribution of kratom products. However, there have been instances where the local government tried to impose restrictions. These restrictions aim to regulate the sale and use of kratom products.

The most memorable attempt to do this is Senate Bill 3064. The Senate attempted to ban the herb in 2020. They tried to do this by categorizing kratom alkaloids under Schedule V.

 

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What Does “Schedule” Mean?

The Drug Enforcement Administration categorizes substances depending on how much of a detriment a drug is.

If categorized as Schedule I, that means it’s a highly addictive drug. Some examples of Schedule I drugs are LSD, cannabis, and other hallucinogenic drugs.

• Under Schedule II are drugs with a high potential for abuse. But it also makes the user prone to severe psychological and physical dependence. Some common examples are methadone, cocaine, and methamphetamine.
• Schedule III drugs have a moderate to low probability of psychological and physical dependence. Some examples are ketamine, testosterone, and anabolic steroids.
• Schedule IV refers to drugs or other substances with a low probability of abuse and dependence. A few examples are Xanax, Darvon, Ambien, Soma, Ativan, and Tramadol.
• If under Schedule V, these drugs have a lower probability of abuse. This also means they contain a limited amount of certain narcotics.

In 2020, state legislators tried to restrict kratom by categorizing kratom’s alkaloids as Schedule V substances. Fortunately, this didn’t pass, so the answer to the question “Is kratom legal in Hawaii” is still a “yes” today.

The Hawaii Kratom Consumer Protection Act

After numerous proposed bills, the state of Hawaii has recently decided to amend current kratom legislation. The Hawaii Kratom Consumer Protection Act (SB 3307) took effect just this January 2023. It stated the following in this bill:

• Kratom vendors will not manufacture, sell, or distribute products labeled as kratom if they fit any of the following:
  • Kratom products laced with non-kratom ingredients: This could be any other substance that could affect the potency and cause danger to the user. This could refer to other drugs or other addictive substances.
  • If the kratom is mixed with a dangerous non-kratom substance: This pertains to any non-kratom ingredient that is not safe for human consumption.
  • If it contains more than 7—hydroxy mitragynine in the alkaloid fraction over 2% of the product’s alkaloid composition.
  • Kratom products that contain any type of synthetic alkaloid: This could include synthetic 7-hydroxy mitragynine or other synthetically-sourced parts of kratom plants.
  • If the kratom product contains any of the state-listed controlled substances: Unless a licensed pharmacist made the product with a valid prescription for the controlled substance.
• Kratom products label will have a printed link that leads to a website. On that website, the following info should be present:
  • List of ingredients used in the making of the kratom product
  • Amount of 7-hydroxymitragynine and mitragynine in the product
  • The vendor’s or distributor’s name and street address
  • The suggested use of the product
  • Any precautionary clauses that the user needs to know about
• Vendors will not sell or distribute kratom products to people under 18 years old.
• When requested, the vendor will submit test results from a lab testing facility in the U.S. This test should confirm the listed ingredients on the label.

Failure to Comply With the Hawaii Kratom Consumer Protection Act

In the event that the owner, vendor, or distributor violates any of the above, here are the penalties:

• A fine of no more than $500 for the first offense
• A fine of no more than $1,000 for the second offense
• In the event of a third offense, the offender is then banned from selling kratom for three years.
  • If the offender gets caught selling kratom, they’ll be guilty of a misdemeanor. In turn, they’ll serve prison time of not more than 12 months. They may also receive a fine of not more than $2,000 or both.

If the vendor, owner, or distributor is in any violation resulting in consequential damages, they may reach out to legal aid for competent jurisdiction.

Is Kratom Legal in Hawaii Forever?

The question “Is kratom legal in Hawaii” may already have an answer. But there’s no telling what the future holds. After so many years, buying kratom legally has always been easy.

Kratom is legal in Hawaii today. But in the future, these meetings will continue to question kratom’s legal status. And if the state legislators decide to ban kratom, we can only hope that the local advocates can reverse it. However, locals will most likely oppose any threat to kratom legality.

What to Know When Buying Kratom in Hawaii

As kratom remains legal in Hawaii, you can shop anywhere to get your hands on high-quality kratom.

If you’re a tourist, you can just do an internet search on “buy kratom in” and add wherever you are in Hawaii. From there, you can explore the closest physical shops where you can get kratom.

You can also consider buying kratom online. Delivery might take days, but online shops tend to have more variety and, sometimes, more savings.

While kratom is currently legal in Hawaii, there are rules and restrictions to follow. It’s important to follow these to ensure the safety of the users and the legality of kratom in Hawaii. If kratom’s legality in Hawaii appears to be threatened, you can report it to the American Kratom Association.

FAQ

What is kratom?

Kratom is an evergreen tree that belongs to the coffee family. This tree is native to countries in Southeast Asia.

A kratom’s leaves contain two major alkaloids: mitragynine and 7-hydroxy mitragynine. These chemicals are responsible for the sought-after effects of kratom, which include feelings of relaxation and motivation.

How can I take kratom?

The only way to get kratom’s alkaloids to take effect is by orally ingesting it. One can do this in various ways and through various products. You can purchase kratom capsules, powder, drinks, and even tea.

Is kratom legal in the U.S.?

Kratom is legal in most U.S. states, while in some states, kratom is legal with some restrictions. The only states that have banned kratom are Alabama, Indiana, Vermont, Arkansas, Wisconsin, and Rhode Island.