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  • Kratom Confidential: Legal Insights for Canadians—7 Questions Answered!
Published on October 20, 2023

Kratom Confidential: Legal Insights for Canadians—7 Questions Answered!

Mitragyna speciosa, more commonly known as kratom, is a tree native to Southeast Asia that’s widely marketed as a potential remedy for numerous ailments. 

Pain, inflammation, and anxiety are among the common medical conditions that kratom may treat. The herb has also demonstrated efficacy against fatigue, nausea, and insomnia. Besides, there’s mounting evidence that kratom may help to mitigate various opioid withdrawal symptoms. 

However, there are key things to understand before integrating kratom into your wellness routine. One such thing is the herb’s legality. 

Read on as we delve into kratom’s legal status, with a focus on Canada.

1. Is Kratom Legal In Canada?

As a Canadian who’s considering using or trading in kratom, one of the first questions to settle regards the herb’s legality. So, is kratom legal in Canada

Kratom is perfectly legal in Canada. That’s a welcome relief, especially for recreational kratom users.

For comparison, many other recreational herbs, like marijuana, are subject to stringent regulatory frameworks. 

Another great thing to love about kratom’s legality in Canada is that the law applies consistently throughout the country. That means you can legally obtain, use, or distribute kratom goods throughout any of Canada’s ten provinces and three territories.

2. Are All Kratom Products Legal In Canada?

Like most herbs, kratom can be prepared into different formulations. These preparations differ in their composition of other non-kratom compounds and the intended delivery method. 

The most popular kratom products in Canada include;

  • Edibles, such as kratom-infused gummies, baked goods, and herbal teas
  • Topicals, such as kratom-enriched salves and ointments
  • Kratom tinctures
  • Kratom pills and capsules
  • Inhalable, such as kratom e-liquids and aromatherapy products
  • Smokables, such as kratom cigarettes

Kratom users can legally consume the herb by any of the above methods in Canada. However, the law prohibits vendors from selling kratom products intended for internal application. These include edibles, tinctures, pills, and capsules. 

The only way around this restriction is for kratom traders to offer consumable kratom goods as giveaways. 

3. What State Agencies Regulate Kratom In Canada?

Kratom’s regulation falls under the ambit of the Canadian Food Inspection Agency (CFIA) and Health Canada. 

The Canadian Food Inspection Agency operates more like a scientifically-based calculator. The agency regulates the safety of food, plants, and animals. Its overall mission is to improve the health and well-being of Canadians, as well as enhance the environment and economy. 

On the other hand, Health Canada establishes the regulatory standards for nutritional products sold in Canada. The agency’s mandate, with respect to kratom supplements, primarily revolves around regulating consumable kratom goods. 

Besides the CFIA and Health Canada, kratom goods sold within Canada must also be in compliance with the Consumer Packaging and Labelling Acts and Regulations and the Food and Drugs Act and Regulations.

4. How Does Kratom Regulation In Canada Work?

Health Canada and the Canadian Food Inspection Agency are directly involved in the process of authorizing the distribution of herbal supplements in Canada. 

First, Health Canada determines whether to classify a kratom supplement as a food or a Natural Heal Product (NHP). This process requires carefully examining the product’s biochemical composition, format, representation, and perception of its historical use. 

If Health Canada classifies a kratom supplement as food, the CFIA will establish if the product meets the Food and Drug Regulations. These regulations mostly relate to a product’s quality and safety and general pharmacological and environmental implications. 

And if a kratom good is deemed an NHP, Health Canada’s NHP regulations will come into force. 

5. Should I Be Wary Of My Marketing Language? 

Since neither Health Canada nor the Canadian Food Inspection Agency approves kratom for internal use, traders must be extremely cautious of their marketing language. 

First, avoid marketing clichés that portray your products as the safest and/or most effective. 

Most of your prospective clients would want to know how they stand to benefit from kratom. So, be sure to highlight the herb’s perceived therapeutic properties. 

And to strike a fair balance, mention a few adverse effects while also warning your clients of overdose.

6. What Are The Penalties For Violating Kratom Laws In Canada?

Canadian food and drug enforcement agencies encourage the public to report any adverse events resulting from ingesting certain products. 

Therefore, every trader must ensure their kratom supplements meet the minimum regulatory threshold. 

Failure to comply with the laid-down regulations may result in a number of penalties. 

If you’re unlucky to get off with a warning, you may be slapped with a Notice of Violation (NoV). The NoV may have you pay an Administrative Monetary Penalty (AMP) of up to $15,000 for serious offenses. 

7. Can I Import Kratom from Other Countries?

It’s possible to import kratom from other countries into Canada. In fact, most kratom manufacturers in the country source their raw materials from Southeast Asia, where the herb grows natively. 

Just ensure you’re importing kratom from a country that has legalized the herb. 

To paint a rough picture, kratom is completely illegal in Israel, Argentina, and Myanmar. 

The rules on importation equally apply to exportation. Canadian kratom companies can only export the herb to countries where it’s legal for use and distribution. 


Kratom is a powerful medicinal herb that’s worth adding to your wellness routine. 

Although Canadian regulations prohibit the sale of kratom edibles, it’s reassuring to know that the law only applies to traders and not users. Besides, there are plenty of other kratom preparations that vendors can offer.

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