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Could you go to jail for possessing or using kratom here in Georgia?

While many people — including some law enforcement officers — may never have heard of kratom, if you are one of the many Georgia residents who find relief from its use, knowing the legal status of kratom can be vital. As of 2021, not only is kratom legal to use and possess for those 18 and older, it also enjoys a protected status because of its medical uses.

Does this mean that users never have to worry about problems from law enforcement when they use the substance? Not exactly.

Your kratom use could still present legal problems

Especially in more rural areas, law enforcement may be unfamiliar with kratom and its legal status. For instance, if kratom is found during a legal search of your home or vehicle, the police officers might not have any idea what you are talking about when you explain what they found is a legal substance called kratom.

Even if they are familiar, few field test kits can confirm on-scene that the substance in question is the legal kratom and not some other illegal drug. That alone can result in your being detained until further testing can be carried out.

Underage usage still forbidden

If you are younger than 18, you do not have a legal right to possess or use kratom here in Georgia. In a mixed group, where some are older than 18 of age and others are younger, if you are still a minor and the police find kratom in the home or vehicle, you might get caught up in their dragnet without ever using kratom.

What you can do in these situations

Don’t try to hold court in the street. Be wise and exercise your right to remain silent. As soon as possible, ask to speak to your criminal defense attorney. Together, the two of you can develop the best strategy to prove your innocence of any charges.

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