North Carolina Medical Marijuana Bill Could Ban Kratom

North Carolina’s House and Senate have recently passed a bill that would establish a medical marijuana program and place kratom on the list of Schedule I controlled substances. 

Here’s what you need to know to stay informed about kratom across North Carolina:

1. Regulation and Licensing of Kratom Replaced by a Ban:
   • The bill, known as House Bill 563, initially sought to regulate the sale and distribution of hemp-derived consumable products and kratom products. It would have required a license for selling, distributing, or manufacturing these products.
   • After HB563 passed the House, however, the Senate added amendments, completely changing the original into a bill that both institutes a medical marijuana program and bans kratom.
   • The bill passed the Senate and has returned to the House where it has been in Committee since June 25, 2024. If it passes through committee, it will be sent to Governor Roy Cooper’s desk.
   • Governor Roy Cooper is in favor of a medical marijuana program.
   • House Democrats, however, may not pass the bill through its final committee because of the lack of a marijuana decriminalization element.

2. What is Kratom?:
   • Kratom is a tropical tree native to Southeast Asia. Its main psychoactive alkaloid is called mitragynine.
   • Consumption of kratom is said to produce energetic effects in low doses and relaxing effects in high doses.
   • Currently, kratom is legal and unregulated in North Carolina.

3. Changes Introduced by House Bill 563:
   • HB563 regulates “hemp-derived consumable products,” which include hemp products intended for human ingestion or inhalation. 
   • Hemp-derived consumable products must not contain more than 0.3% total combined delta-9 tetrahydrocannabinol (THC), delta-7 THC, delta-8 THC, or delta-10 THC.
   • The bill excludes topical hemp products and seeds or seed-derived ingredients recognized as safe by the FDA.
   • Senate amendments to the bill would place kratom on the list of Schedule I substances, making all forms of kratom just as illegal as heroin.
   • Senate amendments would also institute a restrictive medical marijuana program in the North Carolina. Only patients with severe conditions like cancer, HIV, epilepsy, and PTSD could access cannabis under the proposed program.

4. Sales Restrictions:
   • The bill prohibits selling hemp-derived consumable products to individuals under 18 years old.
   • Kratom would be unavailable to purchase in the state, since it would be an illegal controlled substance.

As of now, kratom remains legal in the state, but this bill could change the landscape in the near future. If the bill passes House committees, it will be sent to Governor Roy Cooper to sign.

Kratom regulations vary significantly across states in the United States. While some states have banned or strictly regulated kratom, others allow its sale and use. 

Here’s a general overview:

1. Legal States:
   • Some states, such as California, Oregon, and Nevada, have no specific laws regarding kratom. It remains legal for sale and consumption.
   • In these states, kratom is often available in specialty stores or online.
2. Banned States:
   • A few states have outright banned kratom. These include Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.
   • In these states, possession, sale, or distribution of kratom is illegal.
3. Regulated States:
   • Many states fall into this category. They have varying degrees of regulation:
     • Some require age restrictions (18 or 21 years old) for purchasing kratom.
     • Others mandate labeling requirements or testing for purity and contaminants.
     • A few states have considered kratom as a controlled substance, subject to specific regulations.
4. Pending Legislation:
   • Several states have proposed bills related to kratom regulation, similar to North Carolina’s House Bill 563.
   • The specifics of these bills vary, but they generally aim to establish licensing, labeling, and safety standards.
5. Federal Status:
   • At the federal level, the FDA has raised concerns about kratom’s safety and potential for abuse.
   • The DEA has considered classifying kratom as a Schedule I substance, but this decision has not been finalized.

Remember that this information is subject to change, and it’s essential to stay informed about your state’s specific regulations. Always check local laws and consult reliable sources for the most up-to-date information.