Kratom, a plant native to Southeast Asia, has been the subject of legislative efforts in Kentucky over the years. The need for kratom legislation arose from growing concerns about the easy availability of kratom and similar substances, particularly to minors. In January 2024, an incident in Karlovy Vary where primary school children were poisoned by sweets containing HHC, a cannabis derivative, highlighted the urgency of addressing this issue.
Here’s a brief history:
2016 – Senate Bill 136 (SB 136): This bill aimed to classify kratom as a Schedule I substance, categorizing it as a synthetic opioid. The bill did not pass and died in committee. 2016 was also the year the DEA considered, and reversed the decision, to place kratom on the federal list of controlled substances.
2022 – House Bill 142 (HB 142): This bill proposed to define kratom as a controlled substance and make it unlawful to traffic or possess. It also did not pass.
2024 – House Bill 293 (HB 293): This bill created new sections of KRS (Kentucky Revised Statutes) Chapter 217 to define terms related to kratom, prohibited the sale of kratom products to individuals under 21 years of age, established product safety standards, and set labeling requirements. It was signed into law by the Governor on April 4, 2024. Therefore, kratom is legally available to buy, sell, and possess for adults in the state of Kentucky.
Kentucky has also been progressive on cannabis recently. Medical cannabis was legalized in Kentucky on March 31, 2023, with the law set to take effect on January 1, 2025. Patients with specific medical conditions can access medical cannabis with a doctor’s recommendation. Qualifying patients can possess up to 8 ounces of medical marijuana purchased from other states until the program officially launches.
Kentucky’s approach to drug policy has been evolving, with a focus on harm reduction and evidence-based regulation. The new regulations aim to strike a balance between allowing access to potentially beneficial substances and protecting public health, especially among young people.