Charged with possession of Kratom- need help!
Hello all,
First of all, I would like to say that while I am new to the forum, I am not new to Kratom and have been using it for a few years now as a medicine, with great results and no negative effects. I was semi-aware that Kratom has been recently outlawed in several US states, but had not paid close attention to the actual laws- I tried to decipher the legal implications at one point but got severely confused and just left it at that. I am also in the process of moving to a different state, so I've got a PO box there for Kratom shipments as well as some supplies for my online business (crafts) and some paperwork. The reason for that was not to evade law (which I was not even clear about) but simply because I do not trust packages being left at my doorstep (mail theft is quite common here), plus, I was working on getting a storage unit and gathering up some supplies for a business start-up, etc- and I figured that I don't need to get two PO boxes when I only really need one. Anyways, as I was driving home one day after picking up my Kratom supply, I was pulled over for a traffic violation, and the police discovered Kratom in my car, still in the packages, and clearly labeled as such. Prior to that I've opened one of the small bags to take a look at the Kratom, poured some of it out on the counter for examination, and then disposed of it. I was not charged with anything except the traffic violation at the time, but today after showing up for court I was served with Criminal Complaint papers stating that I am charged with Kratom possession ("a controlled substance analogue of a controlled substance"- what does that even mean?) and that I would be required to pay an $ 500 fee and/or serve up to a month in jail. Honestly, I did not even see it coming. I was aware that the police confiscated the Kratom during the initial traffic stop, but I did not think much of it, since I figured that if I was transporting any kind of plant powder substance (say, Henna or Turmeric or Lobelia) they probably would've confiscated it too, just to be safe. Therefore, today's new charges were a complete shock to me, especially since I wasn't even aware that it was illegal in the state I am currently residing in. I am not sure what to do or how to even approach this. I would like to hire an attorney, but aside from me being broke and having to somehow raise or borrow money for legal aid, I do not even think there are any attorneys in this state knowledgeable enough about the new Kratom law and Kratom itself that would be able to defend my case adequately! I am not asking for legal advice, obviously, just would like to know how would I go on finding such an attorney. Also, if anyone on here faced a similar situation (Kratom possession charges), I would love to hear your story and the outcome. Any feedback would be highly appreciated! Thanks a lot!
(L) 🙁
It would help if you would say which state this occurred in. We know in which states kratom is illegal. If it is not one of those states, then we'll have a whole different discussion.
Looking forward to your reply.
😉
It is in Wisconsin, and I just looked it up on the Kratom map, and it is shown as illegal, but I haven't been following the updates on it for quite a while.
It's been illegal there for almost two years. We've sent people out to try to persuade your Controlled Substances Board to change the law, but they are stalling, want more information. I'm sorry. We will continue to try to work for legalization, but it is a difficult fight. The police are not your friends. You should have checked the laws before you moved.
All I have time to say now. I wish I could help you. I'll mention to my associate who does our lobbying. Maybe she'll have some ideas for your defense.
😉
Hey Kratomizer!
As Ziggy mentioned, Wisconsin is currently in the process of descheduling Kratom. It's not something that they're 100% sure they're going to do, but I'm confident that with Paul and Susan's work to support Kratom that they will do the right thing and deschedule Speciosa. That being said, I would discuss this with your lawyer, let him know that Wisconsin wrongfully scheduled this plant in the first place due to lack of knowledge and obviously lack of motivation to make sure they're making the correct decision. If you let them know that you use this plant for purely medicinal purposes and that it's only illegal in 4 of the 46 states (or 5? I'm not sure if Arkansas is technically illegal at this point).
I think if presented correctly, your legal counsel could present this as questionable lawmaking and it could actually null your case and help the fight in Wisconsin as long as he has some documents to positively represent Kratom use. That is something I could speak with Paul about rounding up if you and/or your lawyer would be interested! What're your thoughts Paul?
Please shoot me an e-mail if you'd like to pursue this Kratomizer!
-michael@ilovekratom.com
Michaels: Arkansas is definitely banned now. You made some really good points here that a good attorney might be able to do something with: *) Wisconsin lumped kratom in with a bunch of synthetic drugs, as I recall they even called it a synthetic -- this might be challenged.
Kratom is legal, at this moment, in 45 states. It is only illegal in five. Florida, where we had a solid win this year produced a study, done by the Department of Law Enforcement in coordination with the Dept. of Health. It is a very fair, very positive study. They basically said kratom does not constitute a threat to the health and safety of Floridians. Have the attorney email Susan Ash at akratomassociation@gmail.com or get it from the FDLE. The AKA also has a one or 2-page handout that covers the truths and the myths about kratom.
😉
Wow. Do we know how serious of a charge this is? Is jury nullification legal to discuss with potential jurors in Wisconsin?
#kratomlivesmatter
I am so sorry this happened to you. I live in a state where Kratom is legal, but honestly I am terrified of getting caught with it. There is a horrible outbreak of synthetics and just due to the fact that most people have no idea what Kratom is, I can almost garuntee it would be confiscated, sent to a lab and due to a marijuana charge I have 9 yes prior I would more than likely be arrested until there was proof that what I had was not in fact illegal. Does anyone else worry about this? I love my Kratom, but I hate the stress I have over taking it anywhere with me.
Kratom looks like a lot of perfectly legal herbs and foods. A person I once knew carries capsules in a St. John's wort bottle and powder in a container for powdered superfood like spirilina. That way no undue red flags are raised and both containers keep your Kratom fresh and nicely contained.
#kratomlivesmatter
That's a very good idea if you are taking Kratom at work or anywhere out of your home. 😕
Life Is Like Teaching Sanskrit To A Pony.
Intelligence is like a river. The deeper it is... the less noise it makes.
I am so so sorry you have to go through this kratomizer. That Really Sucks Big Time! I would think that it would be a Misdemeanor & not a Felony Charge because Kratom is not a Hard Drug. I Hope you get out of this Very Lightly. All I can say is Good Luck To You & God Speed. I will be Praying for you. Take Care of Yourself & Try not to Worry & Think Positively.
Life Is Like Teaching Sanskrit To A Pony.
Intelligence is like a river. The deeper it is... the less noise it makes.
Has anyone heard an update from kratomizer yet?
Have a wee bit better day!
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