Legalidade na Europa
Desde a criação da União Europeia, foi estabelecido o comércio livre e a mobilidade de pessoas e bens entre os Estados-membros.
A União Europeia pode ditar regras e leis gerais que os Estados devem respeitar, deixando pouca margem para regulamentações unilaterais. Quando se trata de legalizar ou proibir uma nova substância, os Estados-membros gozam de uma certa liberdade. No entanto, existe um princípio de reconhecimento mútuo que implica que, se uma substância for aprovada num Estado-membro, não pode ser proibida a sua exportação para os outros.
Consulte aqui a maior base de dados da internet sobre a situação jurídica do kratom em cada um dos países europeus em 2021 e mantenha-se atualizado sobre os novos regulamentos.
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Legalidade no resto do mundo
Fora da União Europeia, cada país pode legislar de acordo com seus próprios critérios. A maioria, entretanto, é guiada pelo que acontece nos Estados Unidos e na ONU quando confrontada com uma nova situação que não tem precedente em seu sistema jurídico.
Infelizmente, o kratom foi banido em alguns países. Embora muito progresso tenha sido feito na aceitação desta planta, ainda há muito trabalho a ser feito. Confira nossa lista de países para os quais você não deve viajar portando kratom, ou tenha muito cuidado.
América do Norte
In Canada, the CFIA (Canadian Food Inspection Agency) and Health Canada are the two institutions that are in charge of scheduling substances and drugs. According to them, Kratom and its components are not safe for human consumption and selling the herbal supplement may lead to penalties or criminal prosecution.
However, it is not considered an ilegal substance under the official lists and it can be obtained as “not safe for human consumption” product as it happens in some states in the US.
Mexico has not added Kratom and his active elements, Mitragynine and 7-hydroxymitragynine, to a list of controlled substances. It is not a regulated substance either and its possession should not pose a legal threat to anyone.
There are online stores selling kratom. However, we recommend not to travel into Mexico with large amounts of Kratom.
The legal status of Kratom in the United States varies from state to state. While there is no clear regulation that affects the whole country, it falls to each state’s legislators to decide on Kratom legality.
Arizona: Legal, Kratom Consumer Protection Act passed
California: Legal (except in San Diego)
Colorado: Legal (except in Parker Town and Monument Town)
Florida: Legal (except in Sarasota County)
Georgia: Legal, Kratom Consumer Protection Act passed
Illinois: Legal (except in Jerseyville City)
Mississippi: Illegal in many counties
New Hampshire: Legal (except in Franklin City)
New Jersey: Legal
New Mexico: Legal
New York: Legal
North Carolina: Legal
North Dakota: Legal
Rhode Island: Illegal
South Carolina: Legal
South Dakota: Legal
Washington DC: Legal
West Virginia: Legal
Kratom no México
O México não incluiu o kratom e seus ingredientes ativos, mitraginina e 7-hidroximitraginina, na lista de substâncias controladas. Tampouco é uma substância controlada, e sua posse não deveria representar uma ameaça legal para ninguém.
O kratom está lentamente ganhando popularidade no México. É possível comprá-lo legalmente em alguns lugares, embora possa ser um pouco difícil de encontrar. Para quem procura uma perspectiva otimista sobre o futuro do kratom no México, agora você pode até mesmo encontrar bares vendendo coquetéis de kratom!
Uma das desvantagens do recente aumento da popularidade do kratom no México é que seus vendedores não têm nenhuma regulamentação sobre quais produtos podem vender e como eles são rotulados. Isto é algo que você deve desconfiar ao fazer pedidos ou comprar kratom em qualquer lugar. Recomendamos que você procure um vendedor respeitável que possa enviar para o México à medida que essa indústria cresce no país.
Kratom no Canadá
No Canadá, a CFIA (Canadian Food Inspection Agency) e o Departamento de Saúde são as duas instituições responsáveis pela classificação de substâncias e medicamentos. Segundo eles, o kratom e seus componentes não são seguros para o consumo humano e a venda deste suplemento de ervas pode resultar em sanções ou processos criminais.
Entretanto, não é considerada uma substância ilegal de acordo com as listas oficiais e está disponível como um produto “não seguro para o consumo humano”, como é o caso em alguns estados dos Estados Unidos.
Kratom nos Estados Unidos
O status legal do kratom nos Estados Unidos varia de estado para estado. Embora não haja uma regulamentação clara que afete todo o país, cabe aos legisladores de cada estado decidir sobre a legalidade do kratom.
América do Sul
Argentina is the only Latin American country that clearly mentions mitragynine as an illegal substance at the present time, according to the Decree 69/2017.
No Brasil, o kratom não está incluído entre as substâncias proibidas pela Portaria SVS/MS 344/1998.
A planta é legal no país, embora esteja listada como NSP (Nova Substância Psicotrópica) de base vegetal, seguindo a definição da UNODC, para ser notificada à Anvisa caso esteja em circulação no país.
There are online stores selling kratom in Colombia and it is not mentioned in the list of controlled substances.
Kratom is alegal in Suriname, as there is no further specific information.
Uruguay follows international lists regarding controlled substances and drugs, so kratom is legal.
Kratom is alegal in Venezuela, as there is no further specific information.
América Central e Caribe
Kratom is alegal in Belize, as there is no further specific information.
There are online stores selling kratom and it is not mentioned in the list of controlled substances.
Kratom is alegal (unregulated), as there is no further specific information.
Cuba has harsh laws on drugs and controlled substances, so we advise caution even though kratom is not illegal there.
Kratom is alegal (unregulated), as there is no further specific information.
Kratom is alegal, as there is no further specific information.
Although there seems to be no clear regulation around Kratom or any of its active components in the country, it is safe to say that bringing Kratom into China is probably not the wisest option.
South Korea has made Kratom an illegal substance. It is heavily regulated with harsh penalties imposed against people who attempt importation and possession.
Kratom’s legal status in the semi-independent territory of Hong Kong is not clear. While it is not included in any illegal substance list, its ilegal status in many neighboring countries make it hard to advice on its legality in Hong Kong.
This lack of regulation has attracted some media attention lately and there are more and more people, especially medical professionals, that are asking for Kratom to be regulated.
Kratom and its main active components are not listed under any of the official banned substances or narcotics by the Narcotics Control Bureau of the Government of India.
While it is safe to say that Kratom is not illegal in the country, we advise caution when entering the country with big amounts of kratom. Possession and commercialization should not pose any real threat.
While Indonesia is the main exporter of Kratom in the world, the use and sale of the plant are banned in the whole country.
Growing Kratom for exports is currently legal but not its local use or distribution.
In 2016, Kratom exports from the region of West Kalimantan reached $130 million in annual profits, most of these exports were to the USA.
In early 2019, some rumors were talking about a potential full ban on Kratom (including exports), making it a Schedule I drug and later on the same year regulation was passed regarding Kratom’s legality.
According to the American Kratom Association (AKA) “The Minister of Health in Indonesia has issued a regulation that bans kratom in Indonesia, including growing of kratom plants and exporting kratom raw material from Indonesia. The regulation provides a 5-year transition period for kratom growers to shift to another crop. The Ministry of Agriculture has sent a document in the past week to various Ministry’s in the Indonesian government recommending the ban on kratom be formalized at all levels of government”.
This would have a great impact on Kratom imports worldwide since 95% of the world’s Kratom supply comes from Indonesia.
The two main alkaloids present in Kratom, Mitragynine and 7-Hydroxymitragynine, were added to the list of controlled drugs of Japan.
Bringing Kratom to the country is therefore illegal and could be considered as drug smuggling or trafficking. Penalties for drug use, possession and trafficking are usually severe and can include long jail sentences and fines.
Kratom is considered illegal in Malaysia under Section 30 (3) Poisons Act 1952. However, it is reported that possession in Malaysia isn’t a major issue.
Bringing kratom into Malaysia is could have you regarded as a drug smuggler. Quantities above a certain level are harshly punished.
Kratom is now illegal in Myanmar. It cannot be grown or purchased.
Kratom is strictly illegal in Singapore. Mitragynine and 7-hydroxymitragynine, two of the main active elements in the Southeast Asian plant, are currently considered Class A controlled drugs and are listed under the Misuse of Drugs Act (MDA).
Under Singapore’s MDA, there are 3 kinds of drug offenses:
1. Possession: The penalty for possessing drugs is a maximum of 10 years’ imprisonment or a fine of $20,000 or both.
2. Consumption: The penalty for drug consumption is a maximum of 10 years’ imprisonment or a fine of $20,000 or both. The authorities have the right, under MDA, to request hair or urine samples to anyone who is suspected of drug consumption.
Possessing tools to consume drugs can be also punishable with 3 years in jail or a fine of $10,000 or both, regardless of the tests’ results.
3. Trafficking: The penalties for drug trafficking range from imprisonment and strokes of cane to the death penalty. The penalty will depend on the class and the quantity of the drugs.
Medical use of Kratom and marijuana are legal in Thailand. On Christmas day 2019, new legislation was passed to make both substances legal for medical use. Recreational use of both is still illegal and punishable by death. Kratom has been illegal since 1943. In 1979, Kratom was reclassified as a Type 5 narcotic (the least restrictive and punitive level). It was included in the Thai Narcotics Act along with cannabis and mushrooms, reducing sentences and punishments from those guilty under the act.
According to the Taiwan Controlled Drugs Act of 2017, Kratom and one of his active elements, mitragyna, were included in the list of controlled substances under the Schedule 3.
Bringing Kratom to Taiwan is therefore considered ilegal and could be punished with economic fines and even imprisonment in some cases.
Although there isn’t clear legislation concerning the legality of Kratom in Vietnam, drug policies in South East Asia tend to be quite strict in general. With Kratom being in a gray area in many countries, it is not worth the risk of bringing Kratom into Vietnam.
The Middle East is an area of the world known by its harsh punishments for those who break the law. It is also an area with some of the most strict ani-drug policies in the world. Therefore, bringing Kratom into any country of the area should be avoided as much as possible.
In 2015, the Health Ministry of the UAE added Kratom to their list of banned substances alongside other plant substances such as kava and salvia divinorum
The three plants were added to the Schedule IV substances and their active elements were added to the Schedule V list.
Israel moved to make both Mitragynine and Hydroxymitragynine illegal and, therefore, Kratom is considered a dangerous drug and included in the “Dangerous Drugs” list by the Department of Health.
There is no specific information about Kratom and its active components in Syrian law. The low popularity of the plant in this and other neighboring countries, makes it hard to find Kratom included in any official substance list.
However, we strongly recommend not trying to bring Kratom into Syria. Drug regulations, as well as penalites for law infringement, are very strict in this and other Muslim countries.
Turkey is known for harsh laws regarding psychoactive substances and included kratom and its main components in the list of controlled substances in 2014.
Under Turkish legislation (Anti-Smuggling and Organized Crime Department), Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, are included in the illegal substances list and its manufacturing, sale, or possession are punished by law with imprisonment and fines.
In 2005, the Australian Drug and Poisons Schedule Committee recommended that Kratom & Mitragynine be grouped along with other schedule 9 substances. This imposed a complete ban on the use of Kratom. This law implied that the legal status of Kratom in Australia is that of a narcotic drug, the use of which is illegal.
Through this legislation, Australia has expressly prohibited the purchase, sale and even possession of Kratom products and Mitragynine. However this law doesn’t prohibit Kratom for research purposes. With the passing of this law, Australia has raised increased pressure on New Zealand to adopt a similar stance on kratom.
Kratom was included in the list of controlled substances in New Zealand as a Schedule 1 drug. However, it can be obtained under a doctor’s prescription.
The situation of Kratom in South Africa is quite similar to the US a few years ago. Kratom has not raised much attention among the health authorities and there has not been any actions in favor or against its legalization and regulation for human consumption. The Drug and Drug Trafficking Act of 1992 does not include Kratom’s main alkaloids, mitragynine and 7-hidroxymitragynine, to the list of controlled susbtances.
In a similar way, the equivalent of the Food and Drugs Administration South Africa, the SAHPRA (South African Health Products Regulatory Authority) has not issued any kind of communicate regarding Kratom.
Therefore, Kratom is not illegal in South Africa and it is not regulated either.
As it happens in many other countries, Kratom cannot be sold as a supplement for human consumption or as a substance with medical benefits.
Although Kratom and its main active elements are not specifically included to any prohibited or controlled substances list in Egypt, it is highly recommended to not bring Kratom with you when traveling to Egypt.
Egypt has harsh regulations on psychotropic substances and narcotics. Since Kratom is considered an illicit drug in some place, especially in the middle east area, it is very probable that, if confiscated, it is considered an ilegal substance.