We Care

Could you be arrested for using kratom?

Many Georgia residents who struggle with chronic pain have found relief with the use of kratom, a product that is made from the leaves of an indigenous South Asian tree. Some states have banned the use, manufacture and purchase of kratom products. Where does Georgia stand on this matter?

As of today, kratom remains legal to purchase and use here in Georgia. Back in December of 2018, the Kratom Trade Association (KTA) lobbied Georgia lawmakers to continue to allow state residents to enjoy the benefits they receive from using the herbal product.

What does kratom do?

Kratom has long been used by South Asian natives for its medicinal properties that include pain relief and mood enhancement. Many Americans who previously struggled with addiction to opioid drugs report being able to lead normal lives free of the chains of addiction by using kratom. In lower dosage amounts, users often report that they feel mild stimulant effects.

Still, other states and jurisdictions have reported deaths linked to kratom that caused lawmakers to vote to make the substance illegal.

Lawmakers’ concerns

Most Georgia legislators expressed the most concerns about the way the substance was manufactured, distributed and sold. Resolving those matters is paramount since Georgia is one of the top states for manufacturing and distributing kratom. Making it illegal would cause the state to take a major job and tax hit. No lawmaker wants to take the hit for that occurrence.

Could you still get arrested for its use?

It’s possible that your legal use of this supplement could cause an overzealous police officer who is unfamiliar with kratom to arrest you for possessing or using it. If arrested on false drug charges, do not resist. That could wind up getting you charged with more serious offenses or even killed.

Instead, politely submit to the officer. Never answer their questions or volunteer information. Instead, ask to speak to your criminal defense attorney and then exercise your Constitutional right to remain silent and avoid self-incrimination. Your attorney should be able to get the charges dropped, the substance tested and allow you to again walk free.