Illinois Kratom Laws


Illinois Kratom Laws

By Triumph Kratom   |   October 23, 2019

Is Kratom Legal In Illinois? 

Illinois has an interesting history with kratom, especially in certain cities. It’s clear that some legislators have been paying more attention than others, and it shows in local ordinances. If you’re interested in buying kratom in Illinois, it helps to understand the politics and the dynamics behind the plant. 

This article will tell you more about Illinois kratom laws, how kratom is currently classified, what the restrictions are, and which Illinois cities have banned kratom. We’ll also look at where information is coming from, and how that’s influencing both citizens and policy makers.

When you’re looking for kratom powder, Illinois demonstrates a few dynamics that are ruling the state when it comes to purchasing the botanical. Once you understand them, you’ll have a better idea of how both the current and future status of kratom looks in Illinois. 

Classification of Kratom in Illinois

Kratom in Illinois is banned for all minors under 18 and is tried as a Class B misdemeanor. This law applies to both the possession of kratom by a minor and the selling of kratom to a minor. The maximum penalty for breaking this law is up to $1,500 in fines and six months in jail. The minimum fine in Illinois is $500. 

In the Illinois Bill, kratom is defined as a Schedule I Controlled Substance. However, the rules for this classification are not the same as other Schedule I substances (e.g., heroin, cocaine, etc.) Kratom is only controlled for minors in the state and not for the general population. 

Current Illinois Kratom Legislation 

The key piece of kratom legislation in Illinois is House Bill 5526. In this bill, kratom is defined as any part (or preparation) of the mitragyna speciosa. Kratom powder, kratom extracts, kratom capsules, etc. are all off-limits for minors. Qualified commercial parties are allowed to make, sell, and distribute kratom and of-age citizens are allowed to buy and own it. HB 5526 was passed in August of 2014. 

There have been some moves made by the legislative body to change this law though. Since 2014, state Representative Katie Stuart has tried to ban kratom statewide. In 2018, she proposed House Bill 4106 in an effort to amend the state’s Controlled Substance Act. This amendment would have made kratom a Schedule 1 narcotic for all citizens. Her action against kratom may have been due to the DEA’s emergency notice in 2016 that reclassified kratom as a Schedule 1 narcotic. Her bill also could have also been prompted by city-wide bans in certain municipalities.  

Though the DEA withdrew its claims just two months after its notice, Stuart may have taken the initial warning seriously. Regardless, her bill was never passed and was officially dismissed in early 2019. 

Cities Where Kratom is Banned in Illinois

Is kratom illegal? In Illinois, it’s illegal in certain areas only. Local governments have officially banned kratom for all in the following cities:

  • Jerseyville 

  • Alton

  • Glen Carbon

Jerseyville legislation was passed in 2017 by its local commissioners. Kratom was added to the City Code as a thoroughly banned controlled substance. The ordinance was approved at a local meeting and the motion was carried out. 

In Alton, local officials pointed to the public health advisory issued by the FDA in 2017 as a reason to ban kratom. In 2018, Title 7 Chapter 15 of a local ordinance was voted into effect. The ordinance states that kratom is prohibited due to having no medicinal purposes. It is illegal in Alton to possess, distribute, or sell the plant in any derivative. 

In August 2019, the city of Glen Carbon voted unanimously to prohibit the possession and sale of kratom. The charge was led by the city’s Police Chief and the Village Attorney. 

Naperville was originally planning to ban kratom as well. However, after advocates stood up for this ancient remedy, city officials were satisfied to restrict its use to those 21 and older. 

Buying and Shipping Kratom in Illinois

Buying kratom in Illinois is legal in the state for those 18 and older unless you’re in the cities of Alton, Glen Carbon, or Jerseyville. When it comes to shipping kratom, there have been no reported problems within Illinois. However, it will likely be difficult to find kratom suppliers for the banned cities within the state. 

In addition, there’s the potential that an employee of a major carrier, such as USPS, UPS, or FedEx will confiscate a package if it first passes through a banned city (e.g., Alton, etc.) or state (e.g., Wisconsin) Reports of this happening are rare, likely because these shipping carriers are meant to follow federal laws as opposed to local laws. 

Kratom is still federally legal, so there should be no tampering with your package. Still, employees may become confused about which legislation takes priority, so it helps to be prepared. 

Illinois Kratom Advocacy 

One of the biggest groups conducting advocacy efforts in Illinois is the American Kratom Association (AKA). The AKA closely monitors both current and proposed legislation and calls for movement from supporters in the area when needed. In October 2018, the group called for kratom enthusiasts in Illinois to deliver informational packets to legislators to help educate them about the benefits of kratom. 

The group also called for more awareness toward cities like Naperville who the group feels are being influenced by distorted reports from the FDA. When it comes to the attitudes that influence Illinois kratom legality, the AKA is worried that the FDA does not understand the reality behind kratom. If the FDA tramples over the advocate groups, it will make it easier for the FDA to influence the DEA and ban it across the country. 

There are a lot of complexities behind the kratom laws in Illinois. The AKA has watched these events play out over the past few years and are concerned that fear tactics seem to have more power than educational ones. 

For more information on kratom laws across the country, check out our Kratom Legality Map

 

*These statements have not been evaluated by the Food and Drug Adminstration. This product is not intended to diagnose, treat, cure or prevent any disease. 

 




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