Is Kratom Legal in Georgia?

Georgia kratom consumers have been threatened with criminalization since 2017. A ban in a state like Georgia is never off the table.

In 2017, Georgia was among the states that saw significant debate and regulatory activity regarding kratom. During this time, there were proposals to regulate or even ban kratom in the state, leading to heightened attention from both advocates and opponents of the substance.

One of the key events in 2017 related to kratom in Georgia was the introduction of House Bill 551. This bill sought to classify kratom as a Schedule I controlled substance in the state, effectively making its sale and possession illegal. Schedule I substances are those considered to have a high potential for abuse and no accepted medical use, according to the United States Drug Enforcement Administration (DEA).

The proposed legislation raised concerns among kratom users and advocates who argued that the plant has potential therapeutic benefits and is used by many individuals as an alternative treatment for various health conditions, including chronic pain, anxiety, and opioid withdrawal symptoms.

In response to the proposed ban, kratom supporters mobilized to raise awareness about the potential benefits of the substance and to urge lawmakers to reconsider the proposed legislation. They argued that banning kratom could deny access to a natural remedy for individuals who rely on it for pain management and other purposes.

Ultimately, House Bill 551 did not pass, and kratom remained legal in Georgia at the state level.

In 2019, version of the KCPA (Kratom Consumer Protection Act) was passed in Georgia with overwhelming support.

Georgia’s KCPA restricts access to kratom to those younger than 18. It also imposes labeling requirements: Labels need to include age restrictions, ingredients, alkaloids, producer and distributor information, usage instructions, and disclaimers. KCPA also prohibits unsafe kratom products.

In 2023, another ban bill, HB181, surfaced in the Georgia House. The bill would have placed mitragynine and 7-hydroxymitragynine on Schedule I of Georgia's list of controlled substances, criminalizing kratom consumers. Luckily, the bill was tabled by the state senate in March.

However the bill was taken back off the table in 2024. As of this writing, the bill longer schedules mitragynine and 7-hydroxymitragynine, but outlines harsher penalties for vendors. It places restrictions on alkaloid amounts per serving, requires kratom be sold behind counter or in locked case, and bans the ingestion and sale of kratom e-cigarettes/vapes.

While kratom remains legal and regulated in Georgia, it remains to be seen how this law will affect consumer rights to access kratom there.