Is Kratom Legal in Louisiana?

Last July, the U.S. Food and Drug Administration (FDA) warned consumers to stay away from OPMS Black Liquid Kratom, a product containing kratom, a herbal substance that is rapidly increasing in use in the U.S. The government agency warned that the product had been associated with at least one death and symptoms including addiction, aggressive behavior, and withdrawal symptoms. The FDA has also made it clear that kratom shouldn’t be used as a dietary supplement, drug product, or food additive. For all of the evidence surrounding kratom’s potential dangers, it isn’t included in the Controlled Substances Act and, therefore, not federally illegal. States are divided on the issue; while some have banned it entirely, others allow it with some exceptions. Is kratom legal in Louisiana? The answer varies.

Kratom Laws in Louisiana

Louisiana state law forbids the sale of kratom to anyone younger than 21 years old, and a violation is punishable by a $500 fine. State legislation also includes a so-called “trigger law” that would schedule kratom as a controlled substance if the Drug Enforcement Administration (DEA) starts to regulate it. The DEA announced plans to schedule kratom in 2016 but backed down after significant public pressure. Current legislation creates a gray area where kratom laws differ by Louisiana parish. Ascension, Grant, LaSalle, Rapides, Union, and Tangipahoa Parishes have all banned kratom. The Ouachita Parish recently voted to ban the sale of kratom in the parish’s unincorporated areas. The city of Zachary also prohibits kratom sales, along with Ponchatoula. Several of these bans have been enacted during the last six months, which shows that local Louisiana governments are quickly responding to research about the risks of kratom. While people who sell kratom in physical stores are affected under these laws, those who purchase kratom with the intent to sell or distribute can also be subject to penalties.

What Is Kratom?

Kratom is derived from the Mitragyna speciosa tree in Southeast Asia. It’s been used for centuries in countries like Thailand, primarily to help boost energy for workers. Over the past decade, kratom use has skyrocketed nationwide, exploding in popularity in recent years. Its low-dose side effects can include relaxation, pain relief, and increased alertness. Some users say kratom mimics the symptoms associated with opioid use. While the FDA reported that 1.2 million Americans 12 and older used kratom in 2021, the actual number could be much higher. One study that examined kratom found that up to 15 million Americans use the substance.  It’s frequently sold both on the Internet and in gas stations, convenience stores, and smoke shops, and is available in pill or powder form, although kratom gummies are appearing more frequently. Kratom leaves can also be smoked or chewed.

Many people who struggle with opioid use disorder say kratom has changed their lives for the better, providing a way to reduce cravings and help with withdrawal symptoms. Some say its benefits outweigh the potential risks. Kratom is also used to self-medicate for other conditions. Research shows that nearly half of kratom users live with chronic pain and report significant relief after using the substance. Many people who choose kratom have difficulty accessing traditional medical treatments and turn to the substance as an alternative. Mental health problems are common among kratom users; nearly 70% of kratom users report some level of anxiety. Supporters of the substance say it’s less addictive with fewer harmful side effects than traditional medication and praise its ease of availability. Others — including local and state governments — argue it can be hazardous.

Potential Dangers of Kratom

While kratom is touted as a safer option than opioids, it isn’t without risks. A Louisiana coroner issued a kratom warning last October after a 36-year-old St. Tammany Parish woman died with an excessive amount of kratom in her system. Kratom has been associated with a significant number of deaths. While some who died had other drugs in their systems, studies have shown that kratom can contribute to overdose deaths. Additionally, kratom’s so-called positive effects are associated with a low dosage of the substance. At higher levels, it can induce psychotic symptoms, confusion, and seizures. Research has found that kratom might have addictive properties, and it may be hard for frequent users to stop without experiencing withdrawal symptoms. 

A handful of states require kratom products to have a label stating that the FDA hasn’t approved the product, but the practice isn’t widespread. Since the agency doesn’t regulate the substance and there are no federal rules, whether a product warns about the lack of oversight varies nationwide. Kratom companies may also make unfounded claims about the product’s efficacy while minimizing hazardous side effects without consequences. While the FDA can highlight the risks to consumers, many people who take kratom don’t know about the possibility of unsafe outcomes. Sometimes, no one finds out until it’s too late.

How A Lawyer Can Help with a Kratom Case

Thousands of deaths are linked to kratom — all of which are preventable. Someone who’s heard that kratom is a natural substance with healing traits may not know about the adverse effects. Where does that leave loved ones in the aftermath of a tragedy? If you’ve lost someone due to kratom or experienced severe side effects yourself, you should contact an attorney who specializes in product liability law. Kratom lawsuits can hold manufacturers and sellers accountable for their failure to warn consumers. They can help you recover much-needed compensation to move forward after an injury or the loss of a loved one. The team at HKGC filed one of the first wrongful death kratom lawsuits in Louisiana and advocates for kratom survivors and loved ones who have experienced losses. For more information, call us at 1-844-943-7626 or schedule a free case consultation online.