Is Kratom Legal or Illegal in Canada? Mitragyna Speciosa Status & Laws
Mitragyna Speciosa, known as Kratom, is a controversial mind-altering natural drug used and marketed as a nutritional and dietary supplement. It is made by grinding the leaves from a Kratom tree into a fine powder. Kratom offers a stimulant effect at low dosages, whereas, at high doses, it produces similar effects to morphine. As we know, Kratom works at the opioid receptors, altering the chemistry in the brain and thus affecting its average level of function.
Governing bodies over the use of substances like Kratom, such as the Canadian Food Inspection Agency, claim that there is an excellent potential for dependency and addiction with prolonged use. At the moment, the debate around Kratom legality in Canada is growing.
Is Kratom Legal in Canada? – Kratom Legal Status
Is Kratom Legal in Canada? Currently, buying Kratom in canada is legal, allowed and relatively easy to purchase. It has not yet been banned or classified as an illegal substance, but who knows what the future will hold. You can easily buy kratom in Canada from many online vendors.
According to the CFIA and Health Canada, selling Kratom for consumption is illegal. Anyone selling the product as such may face penalties, including criminal prosecution. But for you to purchase kratom as a customer is completely legit.
This is a grey area because you can quickly get your hands on Kratom if you know what to look for; therefore, it would seem that the consumption of Kratom itself isn’t illegal.
Simply put, Canada does allow the use of Kratom, although, according to the governing bodies and laws around the organic product, Kratom has only not been authorized for internal use.
Many vendors are getting around Kratom’s legality by labelling their packaging as ‘Not for Human Consumption and advertising it as ‘soap making and aromatherapy,’ ‘research,’ or ‘spirituality.’
We’ll briefly touch on why several governing bodies in Canada feel that Kratom should be a banned substance, along with the other half of the debate on why many people believe it should remain legal.
Also, we’ll clarify what precisely the classification of Kratom is right now and the regulation around it. Even though it is legal, it can only be bought and sold under certain conditions, so keep reading to find out what these are.
Why Do People in Canada Use Kratom?
Although it is sold as an “aromatherapy” product, Kratom in Canada is often consumed for various purposes. Kratom use in Canada seems like a better solution than other drugs; its natural products boast many positive benefits. Mainly people in Canada consume kratom as alternative therapies such as the following;
Used to ease opiate withdrawal – Opioid withdrawal symptoms are an incredibly painful experience; many people use kratom to get off illegal and prescription opioids. The active chemical in Kratom interacts with opioid receptors.
Chronic Pain Relief – Kratom has been used in traditional medicines and herbal supplements to reduce pain and other physiological conditions, such as RLS.
Gain Energy – Kratom has narcotic-like effects; kratom users use it for very stimulant-like results. Certain strains are more powerful than others.
There are downsides, though; kratom can be addictive. Continually taking higher doses can lead to kratom withdrawal as how Kratom affects the brain is quite similar to opioids.
Who Governs Controlled Substances in Canada
The governing bodies around controlled substances are the Canadian Food Inspection Agency (CFIA) and Health Canada in Canada. The Canadian Food Inspection Agency is a scientifically-based regulator. Its mission is to ‘safeguard food, animals and plants, which enhances the health and well-being of Canada’s people, environment and economy.’ On the other hand, Health Canada is predominately the governing body that establishes standards to regulate the nutritional quality of all food category products sold in Canada. Furthermore, food sold within Canada must comply with the Food and Drugs Act and Regulations and the Consumer Packaging and Labelling Acts and Regulations. In addition, all commodity-specific regulations must also be complied with.
Health Canada first determines the product classification, deciding whether the item is a Food or a Natural Heal Product (NHP). To determine the classification of a product, Health Canada looks at its composition, product representation, product format, and perception of the history of use. Once the product has been classified, Health Canada can apply the correct regulatory framework. Products falling under the food classification will follow the Food and Drug Regulations used by the CFIA. They will handle all compliance and enforcement requirements relating to the food item. If the product is an NHP, regulations specific to Natural Health Products, enforced by Health Canada, will be applied. So what is the herb Kratom classified as?
More on the Kratom legality in Canada in our section, Legal or Not.
How is Kratom Classified by the Canadian Food Inspection Agency?
According to Health Canada, Kratom (Mitragyna speciosa) is “a herbal product that may pose serious health risks when swallowed or inhaled. Side effects include drowsiness, nausea, vomiting, seizures, liver toxicity and excessively rapid heartbeat.” In addition, Health Canada has also linked kratom to both narcotic and stimulant-like effects. They suggest that Kratom exhibits the potential for abuse and dependence. Although classified as a natural health product, Health Canada has not authorized Kratom for sale.
Is it that simple?
A note on authorization…
Anyone planning to sell a health product in Canada must make sure the item has been authorized first. Health Canada hasn’t authorized any Kratom product, so it remains illegal to sell the product. The governing organization advises that Kratom products are not safe for human consumption due to the potential adverse effects. The debate on Kratom legality seems to be continuous.
You can identify an unauthorized product by whether it has a product code on its packaging. This code is an eight-digit identification number (DNI). For example, natural products will have a Natural Product Number (NPN), whereas Homeopathic products have a Homeopathic Drug Number (DIN-HM).
What is the punishment for selling Kratom Products?
At this time, It is not clear what the specific fine or punishment is for those who sell Kratom. We do know, though, that the initial action taken by Health Canada and the CFIA when they found Kratom, a vendor selling Kratom, is to order the seizure of the product. The vendors could risk closure and criminal prosecution for selling such unauthorized products. It is not legal to sell kratom in Canada for human consumption.
Canadian authorities have a much bigger problem on their hands with illegal substances. Kratom in Canada is not an issue, when you buy kratom in Canada you just need to ensure it’s from a legit online vendor.
Why Should Kratom Be Illegal/Legal?
Organizations aiming to ban Kratom are making claims without sufficient research to back them up. As it stands, supporters of Kratom continue to call for more analysis to explore the benefits of Kratom as a natural pain killer and botanic dietary supplement.
Lately, those opposed to legalization say that Kratom has all the properties that make it act like an opioid, interacting with the same receptors heroin and morphine would. Their response to the Kratom legality debate is that the risks outweigh the benefits. On the other hand, those wanting to keep Kratom in Canada legal are offering up different claims. They say that research shows that Kratom’s effect is very weak compared to the drugs mentioned above, up to 60 times less potent, with much less chance for abuse.
Understandably, we cannot deny that Kratom has narcotic effects. The substance acts like an opioid drug, which is why many claim it is also highly addictive. However, research has yet to display solid evidence proving health risks and abuse potential. Most claims are based on theories on how Kratom works in the brain.
News Events Regarding Kratom Legality
Kratom legality in Canada
Ongoing
- Together with the Canadian Border Services Agency, Health Canada is attempting to stop Kratom products from entering Canada.
Recently in the News / Recent Recalls
September 2018: Kratom Case Report from the official Journal of the college of family physicians of Canada
July 23, 2018: Vancouver Sun Psychoactive Herb on the Radar
May 4, 2018: Unauthorized “Sāj” kratom products seized from two Edmonton stores may pose serious health risks
Past Advisories & Recalls
January 25, 2018: Unauthorized Kratom and sexual enhancement products are taken from multiple George’s Convenience stores in Greater Toronto and may pose serious health risks.
July 7, 2017: Unauthorized kratom products taken from Culture Rising store in Milton, ON
June 25, 2017: Unauthorized “Jupiter” and “Kratom Zone” kratom products taken from two Edmonton stores
June 12, 2017: Matrix Red Vein Thai, Medicine Man Lone Wolf and Matrix White Vein Thai
May 19, 2017: Unauthorized “High By Nature” kratom products were recalled by Granoff Botanicals as they may pose serious health risks
May 17, 2017: High By Nature
The Future of Kratom & Health Canada
Even though Kratom exhibits similar properties as opioids, there is not enough evidence supporting that it is unsafe. There is also not enough research around Kratom to confirm the risks associated with taking the herbal. The substance remains legal in Canada as long as it’s not being sold for human consumption, which means that if you’re looking to purchase Kratom, you still can, although who knows for how much longer. Kratom products labelled safe for ingestion continue to remain unauthorized by Health Canada. Vendors who sell unauthorized products face a risk of prosecution.
If you support Kratom and want the product to remain legal, here’s how you can help. It’s part of your duty to take steps toward eliminating the stigma around it. The best way to accomplish this is by ensuring that you and those around you aren’t abusing Kratom. The more responsible usage exhibited, the more positive attention Kratom will receive. The result is undoubtedly a higher likelihood that more positive publicity will begin to circle Kratom. The residual effect will be that more research and funding will open up around the efforts to keep Kratom legal, and hopefully, Health Canada will take note, authorizing its sale. With that said, remember to use responsibly and continue spreading the word about the benefits you receive from Kratom consumption!
We’ll Keep You In The Loop
You can stay updated on whether Kratom does become authorized for sale by Health Canada by clicking here and searching for Mitragyna Speciosa. As always, check back often for updates to this article, including recent recalls, news reports, and new research studies.
References
- Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom
- Canada’s Drug Product Database
- The Licensed Natural Health Product Database
- Health Canada
- Canadian Food Inspection Agency
- Global News Report on Kratom Advisory
- Golden Monk Kratom
- CBC Report on Kratom
- Health Claims on Food & Natural Products
- CFIA Acts & Regulations
- Guidance Document Repository
- Organic Products Regulation
Also, Check
Two questions not addressed in the article, or in the Netflix documentary ‘Leaf Of Faith’, which I just finished watching. One, is their a tolerance issue with kratom uses as there is with cannabis, opioids and other substances? And, two, are there test kits for sale that can confirm the purity of kratom products?
I have purchased some Kratum in the U.S.. Is it legal to bring it home to Canada?
You will not be permitted to bring anything except capsules across border.
As for tolerance, I believe it is personally specific. But I’ve had some and I’ve shared with friends who are in dire pain and they think it will be fantastic.
I leave for Canada in two days and I want to bring some Kratom with me. What should I do? Should I bring it in capsules or should I leave it in powder form?
Someone needs to proof read better.
“Lately, those in support of legalization are saying that Kratom has all the properties which make it act like an opioid, interacting with the same receptors heroin and morphine would. Their response to the Kratom legality debate is that the risks outweigh the benefits “
Hey Rickles McPickles,
Thanks for your comment! You are correct it made no sense, I have revised it now. Appreciate the feedback 🙂
Is there a minimum age to purchase Kratom in Canada?
You must be 21+ of age to purchase Kratom in Canada, based on any correspondence we could find.