Status Indicators
- BANNED for sale, supply, and import under PSA 2016
- Simple possession is NOT a criminal offense
- Not classified under the Misuse of Drugs Act 1971
- Applies across all of England, no local exceptions
At a Glance
| Field | Value |
|---|---|
| Legal Status | Banned for Sale (PSA 2016) |
| Simple Possession | Not illegal |
| Age Limit | N/A (sale banned) |
| Regulated | Yes, PSA 2016 |
| Controlled Substance | No |
| Last Policy Change | May 2016 |
Understanding UK-wide vs. Devolved Law
The Psychoactive Substances Act 2016 is Westminster legislation that applies UK-wide. England, as part of the United Kingdom governed directly by Westminster on this matter, falls fully under the PSA 2016. There is no devolution issue for England, drug policy and psychoactive substance legislation are Westminster responsibilities.
England’s law enforcement, including the Crown Prosecution Service (CPS) and local police forces, enforce the PSA 2016 within English jurisdiction. The CPS has published guidance on prosecuting PSA 2016 offenses.
The Psychoactive Substances Act 2016
The PSA 2016 bans the production, supply, offering to supply, import, and export of psychoactive substances for human consumption. Kratom falls under this blanket ban because it produces psychoactive effects and is not on the list of exempted substances (which covers only alcohol, tobacco, nicotine, caffeine, food, and licensed medicines). Simple possession is not criminalized under the PSA 2016, distinguishing it from controlled drugs under the Misuse of Drugs Act 1971.
Legislative Timeline
| Date | Event |
|---|---|
| January 2016 | PSA 2016 receives Royal Assent |
| May 26, 2016 | PSA 2016 comes into force, kratom supply banned across England |
| Pre-2016 | Kratom was legal to buy and sell; available in headshops and online |
Penalties for Non-Compliance
- Supply / Offering to Supply: Up to 7 years imprisonment and/or unlimited fine (on indictment)
- Production: Up to 7 years imprisonment and/or unlimited fine
- Import / Export: Up to 7 years imprisonment and/or unlimited fine
- Possession with intent to supply: Up to 7 years imprisonment and/or unlimited fine
- Simple possession: NOT a criminal offense
Buying & Shipping to England
Importing kratom into England for human consumption is a criminal offense under the PSA 2016. UK Border Force may seize shipments. Most reputable international vendors will not ship kratom to UK addresses. Ordering kratom from overseas carries significant legal risk.
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Q: Is it illegal to possess kratom in England?
A: No. Simple possession of kratom is not a criminal offense under the PSA 2016. Only production, supply, import, and export for human consumption are criminalized. However, possession with intent to supply is an offense.
Q: Can I order kratom online in England?
A: Importing kratom for human consumption is a criminal offense under the PSA 2016, carrying penalties of up to 7 years imprisonment. UK Border Force may intercept and seize incoming shipments.
Q: What are the penalties for selling kratom in England?
A: Supplying kratom for human consumption carries up to 7 years imprisonment and/or an unlimited fine on conviction on indictment under the PSA 2016.
Q: Is kratom a controlled drug in England?
A: No. Kratom is not classified under the Misuse of Drugs Act 1971. It is banned under the separate Psychoactive Substances Act 2016, which uses a blanket definition rather than scheduling individual substances. This means kratom possession does not carry the same consequences as possession of a Class A, B, or C drug.
