New York

Is Kratom Legal In New York?

Yes, Kratom is legal in New York. That being said, it should be noted that kratom, as a substance, is not regulated at the federal level. Therefore, each state of the United States has to take the matter into its own hands and decide upon how they wish to handle the legislation regarding kratom. The legal debate about “Is Kratom legal in New York City?” has been more pronounced in recent times, especially since the product has been gaining traction in the States in the past couple of years. When it comes to New York, the law allows citizens to buy kratom as per their choice. However, the same cannot be said for many of the other states that have banned the use of Kratom. What is even more confusing is the fact that there are even city-level laws regarding the usage of kratom.  Regardless, as long as the legality of kratom in New York is concerned, you have nothing to worry about since the region has no laws restricting kratom. However, the only region in New York you have to be a little careful in is Suffolk County since they have a law restricting the accessibility of kratom to individuals under 21. In fact, the region attempted to outlaw the substance altogether a couple of years back. But, that effort did not result in anything, fortunately. In case it had resulted in something, the law would have been punitive, charging $1000 as a fine and the possibility of jail time. However, this is not a concern anymore and the law ultimately died.

Kratom laws in New York have had an interesting history. There have been lawmakers who wanted to ban it for some people and some who have wanted to ban it for all. The plant hasn’t actually made a lot of headlines in the state though. Many of the laws went largely unnoticed, except for a few die-hard enthusiasts in the state.

This lack of awareness may explain why many of the laws haven’t actually gone very far in committee. It’s unclear what the driving actions are, but attempts to ban or regulate kratom have had a difficult time getting off the ground in New York.

If you want to learn more about the kratom laws in New York, it’s worth understanding more than just the Kratom legality in question today. It is important to learn more about how decisions are made and what the future of kratom may look like.

Current Legality of Kratom in New York

Currently, kratom is legal in New York. Every part of New York allows citizens to use kratom. However, it should be noted that different parts of the state might have different age restrictions so keep that in mind when attempting to use kratom. Kratom has a lot to offer and there are so many proven benefits of the substance like pain reliever and stress reliever effects. But, the law often tries to sideline that because of many reasons. Firstly, the lack of research doesn’t help. Regardless of its widespread usage, little scientific data on kratom’s possible advantages and dangers are available. Because of this, it is challenging for regulatory organizations to set precise rules and regulations regarding the usage of kratom. Moreover, there are also issues regarding mislabelling and adulteration. Since the FDA does not regulate kratom products in the US, there are no set standards for their manufacture, labelling, or quality assurance. As a result, there have been cases of adulteration and mislabelling, which may put customers’ safety at risk. Plus, there are conflicting opinions. Legislators, regulatory bodies, and the general public all have different perspectives on the safety and possible advantages or disadvantages of kratom. A discussion over the lawfulness of it and its governance has resulted from this. Regardless, as a consumer, it is your responsibility to be on top of the laws and be constantly updated regarding the legality of kratom. While it may be cumbersome, the potential benefits of kratom can be cited in multiple cases.

Classification of Kratom in New York

Kratom is not currently classified as an illegal substance in New York. There are also no specific laws against making, selling, or using kratom for anyone within the state. This may be because there are no federal laws banning the use of kratom.

New York Kratom Legislation

Currently there is no New York Kratom Legislation. However, there have been two bills that were proposed that died in committee.

One was introduced in 2017 called  NY S06924. This bill would have prohibited anyone under the kratom legal age of 18 from using any part of the kratom plant. Anyone caught selling or providing kratom to minors would have been cited with a civil penalty for up to $500. This bill was referred to the health committee. (Assembly Bill 8787 was the same legislation as NY S06924.) It officially died with 25% progression.

There was also another bill introduced in committee in 2017 called Assembly Bill 231, but this one was set to ban the use and sale of kratom entirely. Again, this bill made it through a quarter of the way in terms of progression before dying in committee in 2018. This bill was referred to economic development rather than the health committee.

Presently, the sale of kratom is legal in New York. However, there is a long history behind that. The first kratom legislation took place in 2017. Prior to this, kratom was not regulated. The Food and Drugs Administration did not oversee the substance since it was regarded as an herb. However, there was a long-drawn debate regarding the substance. Opponents voiced their opinion saying that the drug has side effects while the proponents had a more comprehensive approach, saying that the kratom industry should become regulated and keep away from minors. To that same effect, the Kratom Consumer Protection Act (KCPA) was established. Under a state assembly law in 2017, the substance was outlawed from being sold to minors. In the same year, it went up to the state Senate. However, the bills did not go through and ultimately, died. Similarly, another bill was made in the same year aiming to outlaw kratom completely. It was called bill A00231. However, much like the other two bills, this bill did not go through either. What really helped was the support from consumers and kratom buyers and especially the support from the American Kratom Association. Fast forward to 2019, Pamela Helming, a state senator in New York, encouraged a bill similar to that of the KCPA. According to this bill, minors cannot access kratom. However, those above 18 can use kratom. Even more, the law stated that there is a $500 fine if kratom is sold to minors. Jail time was even suggested for severe violations. However, the bill ultimately did not result in anything. That being said, the KCPA was revived back in 2021 and was called NY S03588. Called the Senate Agriculture Committee, the bill has been slow in culminating into something more solid. However, we can expect to see more progress on this matter in the near future. The American Kratom Association has a lot of resources available on this, so if you are interested, you can check it out. Moreover, if you are interested in learning about the many benefits of kratom leaf, their official website can help you out.

Buying and Shipping Kratom in New York

Because New York kratom laws do not prohibit buying, you should feel safe acquiring the plant in your state. When it comes to shipping kratom, it’s worth remembering that kratom is legal at both the federal and state level, so you shouldn’t have any problems with your package being delivered.

However, those busy Googling for ‘buying kratom in New York’ may want to consider just what it means to purchase a plant that is largely unregulated. While many sellers are providing a safe and effective plant, others are trying to make a quick buck however they can. To prevent this from happening to you, it helps to choose a seller that has earned their reputation in the kratom community.

Finally, some people have anecdotally reported that their packages were intercepted if they happened to pass through states that had banned kratom. For instance, if a USPS worker is aware that kratom is banned in Alabama and your package makes a stop there, they may choose to stop and investigate your package before it reaches you in New York.

These reports are few and far between and mainly from several years ago. This is likely because federal and UPS employees alike were reminded that they are meant to follow federal law only.

Kratom Advocacy 

New York kratom laws are, in part, influenced by more than just the lawmakers. Even though it’s the legislators who have the last say, it’s clear that advocates for kratom have seen success in influencing how legislators see the plant and how they vote on proposed bills.

One such group that has seen success in their efforts across the country is the American Kratom Association (AKA). As of now, the AKA continues to monitor the situation in New York. Considering there has been some movement toward banning kratom at some level, it’s likely that additional legislation will be introduced in the near future.

Because these laws haven’t made it very far out of committee though, there may not be much to be done in the state. With other regions, the AKA has made drastic efforts to get the word out. In New York though, the opponents haven’t appeared to have made much headway.

However, kratom has been safely used for centuries in its native countries and there have been no known deaths from pure kratom.

New York state has seen relatively fewer prescription-related deaths. This is likely due to providers prescribing far less than the national average.