Kratom is legal in Canada and we are going to tell you why in a jiffy. But before we get to the laws, we need to get everyone on the same page with regards to what we are talking about. So for those who didn’t know or only have a few clues as to what Kratom is, here is an explanation:
Kratom is a coffee-like plant native to Indonesia and its neighboring countries. The plant is best known for its analgesic (pain-killing) property when its leaves are consumed. Moreover, the plant’s leaves can also boost sex drive, eliminate depression, and increase motivation. This botanical remedy can also help you shed off extra weight.
Now that everything is out there in the open, let’s get to the nitty-gritty.
“Is Kratom legal?”
Yes, it is permitted for use throughout the country.
“How do you know this?”
Well, we did a bit of a research. Our research revealed that the agency under which the legality or illegality of Kratom would fall is the Health Canada.
Health Canada is a government agency charged with regulating the health care and health products. After a bit of research on online content by reputable media houses about any opinions or statements about Kratom from Health Canada, we found a few articles that shed light on the issue of legality.
What Health Canada says
According to Health Canada, Kratom is not yet illegal for sale as a consumable health product. This is from a statement that was made by the spokesperson for the agency Maryse Durette back in 2016 and it still remains the case.
“But you guys just said it was legal?”
Yes, we did! The key word in the statement that was made by the spokesperson is “consumable.” In other words, since the agency has not yet approved a Kratom-based drug, no one can claim to be selling Kratom as a medicine. Consumable here means that if a shop or online store is selling a product in the form of capsules, pills, teas, or any other ingestible forms, it is doing something illegal.
However, if the product is being sold/ marketed in a form that it is not consumable (e.g. stems, full leaf or just powder), it is LEGAL for sale in Canada.
To be on the safe side of the law, you will find most vendors selling their Kratom strains as “incense”, “botanical products”, “aromatherapy products”, “spiritual products”, or “research products.” It is up to you to decide what you will do with it in the privacy of your home but you should understand that the government position is that it has not yet been approved as a medicine.
Why have Kratom products been seized before if they are legal?
Overtime, Health Canada has seized quite a number of products in Edmonton and in other parts of the country because the products were being sold as consumable health products. This, as we mentioned above, is illegal according to Health Canada.
What you should do
Stay on the safe side of the law if you want to be a supplier. Ensure you are only selling the powder and not for consumption. Also, do not state any benefits of the product as all of its benefits are health-related and mentioning them will be taken as advertising your Kratom products as health products.
As a consumer, you’ve got less to worry about. There is no crime for the possession of Kratom as was there for the possession of marijuana before it got legalized earlier this year. However, if you want to establish a long-term relationship with a shop or a supplier, make sure you choose one that doesn’t advertise its products like medicine. This is because such shops will eventually be closed down and all the effort you will have put in to create rapport with the owner or to accumulate loyalty points, will be lost in a flash.
Thus, you should go for online stores or local shops that sell their products the right way. Stores with products that are in the form of leaves, or powder. Stores that do not list or explain the therapeutic benefits of their products. These stores will be more likely to be in existence the next time you want to buy your next stash of Kratom.
The happenings behind the scenes
So it is clear that Kratom is not yet approved to be sold as a consumable health product by Health Canada but it can still be sold as a powder or as leaves. South of the border, DEA (Drug Enforcement Agency) has been saying that it will ban the drug. If such a ban was to also be considered for Canada, it would prevent the world from ever knowing whether Kratom could have eventually been made into a more powerful pharmaceutical formulation with fewer side effects than the likes of morphine and codeine.
This is why the herbal agent has not been banned in Canada and it is unlikely to be banned in the US. However, just like is the case with almost every other industry, there are restrictions that are meant to ensure the safety of everyone and we think that these restrictions are necessary. Lack of restrictions could lead to the market being flooded by substandard products that could harm consumers and turn public opinion against Kratom.
It is better the way things are right now so that when the time is right and Kratom-based medicines are finally introduced into the market, everyone will still be interested in Kratom and it will get its time in the limelight as the new most powerful analgesic on the market.
Studies are already being done to further investigate the possibility of turning Kratom (or its components) into a safe pharmaceutical drug. However, the situation is a wait and see situation as of now.
Kratom is a fantastic product that has not yet been approved by Health Canada. However, it is allowed for use as long as it is not sold as a consumable product. You will not face prosecution for buying it and using it as you please. However, suppliers and resellers should be careful when handling the product as selling it as a consumable product could result in warnings, fines, or prosecution.