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Wisconsin Kratom Laws | Is it Legal? | Triumph Botanicals

By Triumph Botanicals   |   October 22, 2019

Is Kratom Legal In Wisconsin?

If you live in Wisconsin and are looking to purchase kratom, you’ll first need to understand how the kratom laws in Wisconsin affect you. This article is designed to not only explain the current laws, but also tell you more about how the plant is viewed by citizens and state officials alike. 

Kratom has aroused some very strong thoughts in Wisconsin, especially from the powers that be. Not all of those opinions have been positive. It’s why kratom is now illegal throughout the state. Learn more about what exactly the laws say, why the backlash has been so severe, and how its current status may have been built on a misunderstanding. 

Classification of Kratom in Wisconsin

Kratom is classified as a Schedule 1 stimulant, meaning it’s considered a state felony to own, sell, make, or buy kratom. It was originally intended for kratom to fall under the synthetic opioid category, suggesting that legislators are unclear as to what kratom actually is. Once it was recategorized, the classification became more accurate. 

Despite the correction as to the classification though, it’s not clear if legislators realize that kratom is not, in fact, a synthetic opioid. Because it was originally in this category, it would appear that state lawmakers considered the effects to be similar to that of opioids. 

Current Wisconsin Kratom Legislation

The House Bill that addresses Wisconsin kratom is called Act 351 and the Senate Bill is called 325. The bills are identical when it comes to kratom and include far more compounds than just the active ingredients for the plant in question. 

Under Section 30 Clause 961.14, mitragynine is listed and under Section 31 Clause 961.14, 7-hydroxymitragynine is listed. So while the bill doesn’t actually state kratom in the bill, the two scientific names equate to the same outcome. When we refer to the banning of kratom in Wisconsin, we’re actually referring to the banning of the alkaloids. And while legislators had a difficult time deciding what to list kratom as, it didn’t stop the bill from being passed. 

When it comes to individual states banning kratom, it’s worth noting that the federal laws actually supercede those of the state laws. So because kratom isn’t banned at the federal level, it technically means that Wisconsin residents are still allowed to use it.

However, states are also allowed to enforce their own rules, making this a grey area that we wouldn’t recommend testing on your own. Even if you were able to successfully argue your way out of the case, it may not be worth your time, effort, or money. 

There are no cities in Wisconsin that go against state laws. All cities within the state classify the drug as a Schedule 1 and will prosecute citizens accordingly. Judges are likely to treat the sentencing for kratom as they would for any other Schedule 1 drug (e.g., heroin, cocaine, etc.). So if you’re wondering ‘Is kratom illegal?’ In Wisconsin, the answer is a solid yes. 

Buying and Shipping Kratom 

If you’re looking to buy kratom powder in Wisconsin, kratom capsules, or kratom extract, we don’t recommend doing so anywhere in the state. Organizations such as UPS, FedEx, and USPS are unlikely to ship kratom to Wisconsin due to its illegal status. Suppliers are also unlikely to ship to addresses within state lines. If you’re buying kratom in Wisconsin, you’re taking a big risk of being charged with a state-charged crime. 

Kratom Advocacy in Wisconsin

There have been solid advocates for kratom in the state of Wisconsin, including the American Kratom Association. The organization states that individuals have already been sent to Wisconsin to educate legislators about the reality of kratom. They also have a Facebook page that updates citizens in the state and provides hope as to the future of the plant. 

However, the movement doesn’t seem to have exactly overwhelmed lawmakers or even its citizens. Since the passing of the 351 Act in 2014, one petition was started by kratom enthusiasts on change.org encouraging people to neither buy nor sell any products from the state. However, it was only signed by 187 people (and it’s unlikely that anyone actually fulfilled their end of the bargain). So it seems likely that the awareness about the issue simply isn’t there within the state. 

It’s fairly difficult to remove a substance from the Schedule I category once it’s been placed on the list, so it may take some time before this issue can be reopened again for debate. Lawmakers appeared to be largely concerned that kratom was too similar to opioids (both in terms of effects, composition, and addictive powers). However, it also seems likely that if the DEA confirms that kratom is safe and effective, then the legislature would consider overturning its original Wisconsin kratom laws. 

 

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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