Is Kratom Legal in the UK?

You might have heard of kratom, a substance derived from a particular plant native to Southeast Asia that is often used for its psychoactive effects and has been gaining recent attention in the media. If so, you might be asking the question, ‘Is kratom legal in the UK?’

The short answer is that the legal status of kratom in the UK is not completely straightforward. Supplying or importing kratom for its psychoactive effects is prohibited under the Psychoactive Substances Act 2016 (PS Act). However, this differs from simple personal possession (outside a custodial institution), which is not an offence under that Act.

That doesn’t mean that kratom use does not have risks, or that there are no legal implications. In this article, we will take a look at the legal distinctions, potential health risks and support options that may be available…

 

What Is Kratom?

The word ‘kratom’ refers to a certain tree native to Southeast Asia, its leaves and preparations made from those leaves. The scientific name for the tree is Mitragyna speciosa.

Compounds contained within the leaves, including one known as mitragynine, can produce psychoactive and opioid-like effects. Kratom leaves can be chewed as they are or made into tea, but they can also be made into kratom powders, capsules and extracts. Kratom is often spoken about or marketed as a relatively harmless and natural substance. It’s worth remembering, though, that many ‘natural’ plant-derived substances, from cocaine to heroin, can still cause dependence and serious harm.

 

Is Kratom Legal in the UK?

The UK-wide Psychoactive Substances Act came into force on 26 May 2016. The law was intended to combat the proliferation of ‘legal highs’ and New Psychoactive Substances (NPS) that slipped through the cracks of existing legislation. The Misuse of Drugs Act 1971 assigned a Class A, B or C status to certain substances based on their perceived level of harm to individuals and society. The substances had to be defined though, which allowed some newly emerging, lab-made, tweaked or ‘designer’ drugs to avoid classification.

The Psychoactive Substances Act makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export ANY psychoactive substance.

For the purposes of the law that means any substance intended for human consumption that is capable of producing a psychoactive effect – including kratom.

 

Can You Possess, Buy or Import Kratom?

Personal possession of kratom is not illegal under the Psychoactive Substances Act, unless the possession is in custodial premises such as a prison. Supplying it is prohibited though, as is importing the substance into the UK. Sharing the substance can be considered to constitute supplying it even if no money changes hands. Importing for personal psychoactive use is covered by the Act, and an overseas seller posting or otherwise providing kratom does not make that importation lawful, even if they are in a country where it is not prohibited.

Essentially, possessing kratom is not generally considered an offence (unless located in custodial premises), but getting hold of it can be a different matter.

 

Do Online Sales or Product Labels Change the Law?

Online availability does not establish legality or safety. A Home Office document confirms that an act such as ordering psychoactive substances from abroad online can be considered importing that substance, which is illegal under the PS Act.

Labelling a product as ‘not for human consumption’ or using similar wording does not automatically remove a product from the Act’s scope. This has been a common tactic, with some products being marketed as plant food, fish food, room odourisers and for other purposes.

The Advisory Council on the Misuse of Drugs (ACMD) has stated that the “burden of proof should be placed upon the supplier to establish beyond reasonable doubt that the product being sold is not for human consumption and is safe for its intended use”.

 

What Are the Health Risks of Kratom?

Kratom can have a number of physical and psychological effects.

Physical effects can include:

• Nausea
• Itching
• Sweating
• Constipation
• Increased urination
• Tachycardia (increased heartbeat)
• Vomiting,
• Drowsiness
• Loss of appetite

More serious reported harms can include seizures and liver injury. The strength and contents of kratom can vary, especially when using extracts and concentrated products.

Not all reported harms arise from kratom alone. It is frequently taken alongside other substances and risks may arise or be exacerbated from contamination and mixing with alcohol, opioids or sedating medicines.

 

Can Kratom Cause Dependence and Withdrawal?

Kratom can have an opioid-like effect and can produce both physical dependence and psychological addiction. Physical dependence can include an increased tolerance – meaning more of the substance is needed to produce the same effect, often producing a vicious cycle of increasing usage and dependence. Repeated use of kratom can also lead to a range of withdrawal symptoms when the user stops or drastically reduces their use.

Potential kratom withdrawal symptoms can include restlessness, disturbed sleep, anxiety, muscle pain and gastrointestinal upset, among others.

One recent study found that around a quarter of kratom users met the criteria for addiction. The majority also reported increased tolerance and physical withdrawal symptoms.

 

When Should You Seek Help?

You should consult your GP or seek a local drug service assessment if you are experiencing escalating use, withdrawal or harm to daily life from kratom use. It is recommended to seek medical advice when stopping regular use, particularly if other drugs or medicines are involved.

You should call 999 if someone is experiencing breathing difficulty, seizures, collapse or unresponsiveness, and tell responders honestly what may have been taken.

For longer-term support, you might also want to seek psychological support, relapse prevention advice and rehabilitation where this is clinically appropriate.

 

How Addiction Advocates Can Help

Addiction Advocates is a rehabilitation referral service and helpline that helps people to find the right treatment providers for their own individual circumstances. This could include drug rehab where appropriate. After an initial assessment, we can discuss your concerns and help you explore suitable treatment providers.

If you are concerned about your own kratom use or that of a loved one, you can contact Addiction Advocates for confidential advice on what to do next.