Paradox
©
Fisana

Jump to content


Photo
- - - - -

Kratom legality in select states?


  • Please log in to reply
10 replies to this topic

#1 MaestrosMistress

MaestrosMistress

    Mycophiliac

  • Free Member
  • 5 posts

Posted 20 October 2019 - 05:43 PM

Ok so I've been thinking... While it isn't a direct parallel there are some elements of the argument for smokeable help flower legality that could be applied to kratom. I feel like the ruling in Indiana regarding smokeable help flower is definitely a step forward. Could it provide precedent for kratom legality? I'm not very well educated on legal matters, but it seems like there is an argument to be made. For those unfamiliar with the recent legal battle and outcome for hemp flower it was legalized in a farm bill for commercial production. Then the fuzz decided it was too hard to tell if it was marijuana or not, so it was made illegal. They were taken to court over that decision and a Federal judge declared it unconditional. Your was on the basis that it isn't a controlled substance and it would interfere with interstate commerce. I believe that both of those statements apply to kratom. Though I may be dismissing the definition of controlled substance a bit.

So to the point, I'm wondering if advocates for kratom legality have considered arguing from these standpoints in states where it is prohibited? It's this being actively pursued and if not how do we go about pressing the issue so that kratom can continue to be legal in all states?

Sent from my ASUS_Z01RD using Tapatalk

#2 coorsmikey

coorsmikey

    Hippiecritical

  • App Administrator
  • 6,703 posts

Donator


Awards Bar:

Posted 20 October 2019 - 07:17 PM

Although many online credit card processors will shut down the account of someone selling Kratom, I wasn't aware that it is illegal in any states. I also wasn't aware that smoking Kratom has become a trend. Please elaborate? Banned from sale and illegal to possess are quite different.


Edited by coorsmikey, 20 October 2019 - 07:25 PM.


#3 Juthro

Juthro

    dope smoking hillbilly

  • OG VIP
  • 7,800 posts

Donator


Awards Bar:

Posted 20 October 2019 - 07:30 PM

My understanding of kratom is that  it has no federal ban, but some states have banned both possession and sale of it.

 

Check the status of your state here.

https://speciosaguid...al-in-my-state/


Edited by Juthro, 20 October 2019 - 07:34 PM.

  • crazy1 and Skywatcher like this

#4 coorsmikey

coorsmikey

    Hippiecritical

  • App Administrator
  • 6,703 posts

Donator


Awards Bar:

Posted 20 October 2019 - 07:43 PM

I found this one also, which is  sort of contradictory in itself but slightly different from what you posted as well Juthro.https://kratomguides...legality-in-us/

I'm gonna go for a deep dive and look for Kratom "Alone" arrests. I still am curious  on what type of crowd is smoking it though lol.


Edited by coorsmikey, 20 October 2019 - 07:43 PM.

  • Juthro likes this

#5 Juthro

Juthro

    dope smoking hillbilly

  • OG VIP
  • 7,800 posts

Donator


Awards Bar:

Posted 20 October 2019 - 07:53 PM

Yea, I've never heard of anyone smoking kratom before, but then again I live a pretty sheltered life ;)

 

Report back if find anything definitive, would you please, Mikey.

 

 



#6 coorsmikey

coorsmikey

    Hippiecritical

  • App Administrator
  • 6,703 posts

Donator


Awards Bar:

Posted 20 October 2019 - 07:59 PM

Hey, this one caught my attention. 1 Mil in revenue or like other things they weigh the container in their calculations of street worth. https://bgr.com/2019...higan-fda-bust/

What was really going on? Was it the unreported cash that drew attention or the deception of the FDA in the claim of a cure?

 

 

Kratom is illegal in a handful of states but it’s not regulated in most areas of the U.S., and while debate over a nationwide ban continues to rage on, it’s still entirely illegal to sell the substance as a treatment for medical conditions without any FDA clearance. Dailey’s intentional deception of the FDA and drug regulators is what ultimately doomed him, despite the substance itself being legal for many of his customers to possess.

Edited by coorsmikey, 20 October 2019 - 08:00 PM.

  • Juthro likes this

#7 Skywatcher

Skywatcher

    Twilight Walker

  • Moderator
  • 6,961 posts

Donator


Awards Bar:

Posted 20 October 2019 - 08:16 PM

I believe the OP was drawing an argument for similarities between the legality of Hemp and Kratom. I did not read any reference to smoking anything but "Hemp Flower".


  • coorsmikey, Juthro and Cuboid like this

#8 coorsmikey

coorsmikey

    Hippiecritical

  • App Administrator
  • 6,703 posts

Donator


Awards Bar:

Posted 20 October 2019 - 08:37 PM

Being the king of typos myself, I re-read the OP and now see that "help flower" was meant as "hemp flower". Still Its hard to imagine a world being arrested for Kratom, Even though outside my tunnel vision I get that it may exist. With all the decriminalization that is happening I can't picture being harassed more than PayPay shutting down accounts for selling Kratom. ( they shut down OMC accounts for speaking so that is not surprising) As much as I may sound like WTF, I would still encourage for the sake of learning and documentation that we continue the conversation. Lets hear how some cannot get Kratom or how some fear they may have conflict with the law? Kratom for all! We can make Mushrooms available for all that care to learn, why not Kratom too?


  • Skywatcher likes this

#9 Sidestreet

Sidestreet

    May your tracks be lost...

  • App Administrator
  • 8,597 posts

Donator


Awards Bar:

Posted 21 October 2019 - 04:50 AM

OP:

 

Based on a quick read of a couple of articles, I think Indiana's law was struck down by the federal court because of federal preemption.  Preemption is the concept that the federal government's laws trump state laws in many cases.  The federal government has constitutional power to regulate interstate commerce.  The federal farm bill legalized hemp, and the federal court found that the Indiana law interfered with hemp's movement in interstate commerce. 

 

If the Indiana law only had an effect within Indiana's own borders, their law would theoretically still be valid.  However, in practice it would be really hard for a ban on something to only affect its intrastate sale and transportation.

 

So, to use a similar argument for kratom, the feds would have to make a law providing for its sale in interstate commerce, such that the state laws stepped on the federal law's toes.  This kind of thing could make a big difference when it comes to federal legalization of THC, although the federal law could simply say that state prohibition is still OK.


Edited by Sidestreet, 21 October 2019 - 04:58 AM.

  • crazy1, coorsmikey, Skywatcher and 1 other like this

#10 PJammer24

PJammer24

    Archetype Novice

  • OG VIP
  • 1,678 posts

Awards Bar:

Posted 21 October 2019 - 01:16 PM

when I read this I thought it was saying "smokable HELP flower" referencing medical marijuana flower... After a second reading, I guess he is referring to "hemp flower" or CBD flower??

 

A big difference between any type of marijuana and kratom is that marijuana was already schedule 1 which means that it has no medical benefits. Kratom, I believe is not scheduled. There is a difference in how the laws will be interpreted for this reason...



#11 crazy1

crazy1

    Celestial Traveler

  • VIP
  • 2,344 posts

Posted 21 October 2019 - 03:20 PM

I was watching a show about Kratom on Viceland. It was quite informative and it does have medical uses, like many many other plants.

 

But in the countries this tree grows in, they are banning it and clear cutting any "patch" of trees they find. It will put you in jail for some serious time if they catch you growing one of these trees as well.

 

Now to see what the outcome of this ban will do world wide

 

 

Peace






Like Mycotopia? Become a member today!