Kratom, an herbal supplement derived from the leaves of the Mitragyna speciosa tree, has been used for centuries in Southeast Asia for its multi-faceted properties. Kratom contains active compounds called Mitragynine and 7-hydroxymitragynine, which interact with opioid receptors in the brain. Now, in recent years, it has gained popularity in the United States However, its legal status varies widely from state to state, and even within states, there can be local regulations that affect its availability. This comprehensive guide explores the legal landscape of kratom in each state within the United States.
Federal Status of Kratom
The Controlled Substances Act (CSA) is the primary federal statute regulating the manufacture, importation, possession, use, and distribution of certain substances. At the federal level, kratom is not classified as a controlled substance. The Drug Enforcement Administration (DEA) has considered banning kratom but hasn’t done so due to public outcry and opposition from lawmakers and advocacy groups. The Food and Drug Administration (FDA) has expressed concerns about kratom’s safety and has issued warnings about its use, but it remains legally available at the federal level. This leaves the regulation of kratom primarily up to individual states and local jurisdictions.
Public and Congressional Response
The DEA received tens of thousands of comments from the public, including testimonies from individuals who claimed kratom had positively impacted their lives. Many people argued that banning kratom would force users to seek out more dangerous substances or suffer without effective relief. Several members of Congress also urged the DEA to reconsider the proposed ban. In response, the DEA withdrew its intent to schedule kratom and has since been conducting a scientific and medical evaluation of the substance.
Several organizations also advocate for kratom users and work to protect their right to access the substance. The American Kratom Association (AKA) is one of the most prominent advocacy groups. The AKA campaigns for state and federal legislation to protect kratom consumers, provides educational resources, and works to dispel myths about kratom. They also support research efforts to better understand kratom’s benefits and risks.
Kratom Legal Status by State
While kratom remains legal at the federal level, individual states have enacted their own regulations, resulting in a patchwork of laws across the country.
Alabama
In Alabama, kratom is classified as a Schedule 1 controlled substance, making it illegal to buy, sell, possess, or use. The ban was implemented in May 2016, following concerns about kratom’s safety and potential for abuse.
Alaska
Kratom is legal in Alaska. There are no state laws prohibiting its sale, purchase, or use. However, consumers should be aware of the lack of regulation and ensure they are purchasing from reputable sources.
Arizona
Kratom is legal in Arizona, with no state laws restricting its use. The state passed the Kratom Consumer Protection Act in 2019, which imposes certain regulations on the sale of kratom, including labeling and age restrictions.
Arkansas
Arkansas classifies kratom as a Schedule 1 controlled substance, making it illegal to possess, sell, or use. The state banned kratom in February 2016, citing concerns about its safety and potential for abuse.
California
Kratom is legal in California at the state level, but certain cities and counties have enacted their own bans. For instance, kratom is illegal in San Diego, but legal elsewhere in the state.
Colorado
In Colorado, kratom is legal, with the exception of Denver, where it’s banned for human consumption. Outside of Denver, kratom can be legally purchased and used, but sellers must adhere to labeling and age restrictions.
Connecticut
Kratom is legal in Connecticut, with no state laws prohibiting its sale, possession, or use. Consumers should be cautious and purchase from reputable vendors due to the lack of state regulation.
Delaware
Kratom is legal in Delaware. There are no state laws restricting its use, but as with other states where kratom is legal, consumers should ensure they are buying from trustworthy sources.
Florida
Kratom is legal in Florida, except for Sarasota County, where it is banned. The rest of the state allows the sale, possession, and use of kratom, though some local jurisdictions have considered bans.
Georgia
In Georgia, kratom is legal and regulated under the Kratom Consumer Protection Act, passed in 2019. This law includes provisions for labeling, age restrictions, and testing to ensure product safety.
Hawaii
Kratom is legal in Hawaii, with no state laws prohibiting its sale or use. However, there have been legislative efforts to ban or regulate kratom, so consumers should stay informed about potential changes.
Idaho
Kratom is legal in Idaho. There are no state laws restricting its use, and it can be purchased without legal repercussions. As always, buying from reputable sources is recommended.
Illinois
In Illinois, kratom is legal for individuals over the age of 18, except in Jerseyville, where it is banned. The state has considered further regulation, but as of now, it remains legal with some age restrictions.
Indiana
Indiana classifies kratom as a synthetic drug and a Schedule 1 controlled substance, making it illegal to buy, sell, possess, or use. The ban has been in place since 2014.
Iowa
Kratom is legal in Iowa, with no state laws prohibiting its use. However, consumers should remain aware of potential legislative changes and ensure they purchase from reputable vendors.
Kansas
Kratom is legal in Kansas. The state does not have laws prohibiting its sale or use, allowing consumers to purchase and use kratom without legal issues.
Kentucky
In Kentucky, kratom is legal. There are no state laws restricting its use, but consumers should be mindful of potential changes in legislation and ensure they buy from reputable sources.
Louisiana
Kratom is legal in Louisiana, with no state laws prohibiting its sale or use. However, there have been legislative efforts to ban or regulate kratom, so consumers should stay informed about potential changes.
Maine
Kratom is legal in Maine, with no state laws restricting its use. The state has not imposed any regulations on kratom, but consumers should ensure they are purchasing from reputable sources.
Maryland
Kratom is legal in Maryland. There are no state laws prohibiting its sale or use, though legislative efforts to regulate kratom have been discussed. Consumers should stay informed about potential changes.
Massachusetts
In Massachusetts, kratom is legal. The state does not have laws restricting its sale or use, allowing consumers to purchase and use kratom without legal issues.
Michigan
Kratom is legal in Michigan. The state does not have laws prohibiting its use, though there have been discussions about regulating it. Consumers should stay informed about potential legislative changes.
Minnesota
Kratom is legal in Minnesota. There are no state laws restricting its sale or use, but as always, consumers should purchase from reputable vendors to ensure product safety.
Mississippi
Kratom is illegal in certain counties and cities in Mississippi, including Union County, where it is classified as a Schedule 1 controlled substance. However, it remains legal in other parts of the state.
Missouri
In Missouri, kratom is legal at the state level, but some cities and counties have enacted their own bans. Consumers should be aware of local regulations before purchasing or using kratom.
Montana
Kratom is legal in Montana, with no state laws prohibiting its sale or use. Consumers should be cautious and purchase from reputable vendors due to the lack of state regulation.
Nebraska
Kratom is legal in Nebraska. There are no state laws restricting its use, allowing consumers to purchase and use kratom without legal issues.
Nevada
Kratom is legal in Nevada and regulated under the Kratom Consumer Protection Act. This law includes provisions for labeling, age restrictions, and testing to ensure product safety.
New Hampshire
In New Hampshire, kratom is legal for individuals over the age of 18, except in Franklin, where it is banned. The rest of the state allows the sale, possession, and use of kratom.
New Jersey
Kratom is legal in New Jersey, with no state laws prohibiting its use. However, there have been legislative efforts to ban or regulate kratom, so consumers should stay informed about potential changes.
New Mexico
Kratom is legal in New Mexico. There are no state laws restricting its sale or use, allowing consumers to purchase and use kratom without legal issues.
New York
Kratom is legal in New York, with no state laws prohibiting its use. However, some cities and counties have considered bans or regulations, so consumers should be aware of local laws.
North Carolina
In North Carolina, kratom is legal for individuals over the age of 18. The state doesn’t have laws prohibiting its sale or use, though there have been discussions about regulation.
North Dakota
Kratom is legal in North Dakota. There are no state laws restricting its use, allowing consumers to purchase and use kratom without legal issues.
Ohio
Kratom is legal in Ohio. The state does not have laws prohibiting its use, though there have been discussions about regulation. Consumers should stay informed about potential legislative changes.
Oklahoma
Kratom is legal in Oklahoma, with no state laws restricting its use. The state passed the Kratom Consumer Protection Act in 2021, which includes provisions for labeling, age restrictions, and testing to ensure product safety.
Oregon
Kratom is legal in Oregon. The state does not have laws prohibiting its sale or use, though there have been discussions about regulation. Consumers should stay informed about potential changes.
Pennsylvania
Kratom is legal in Pennsylvania. There are no state laws restricting its use, though some local jurisdictions have considered bans or regulations. Consumers should be aware of local laws.
Rhode Island
Rhode Island classifies kratom as a controlled substance, making it illegal to buy, sell, possess, or use. Legislative efforts to reverse the ban have been discussed but have not been successful.
South Carolina
Kratom is legal in South Carolina. There are no state laws restricting its use, allowing consumers to purchase and use kratom without legal issues.
South Dakota
Kratom is legal in South Dakota, with no state laws prohibiting its sale or use. Consumers should be cautious and purchase from reputable vendors due to the lack of state regulation.
Tennessee
In Tennessee, kratom is legal for individuals over the age of 21, with certain restrictions. The state requires kratom products to be labeled and tested for contaminants to ensure safety.
Texas
Kratom is legal in Texas. There are no state laws restricting its sale or use, allowing consumers to purchase and use kratom without legal issues.
Utah
Kratom is legal in Utah and regulated under the Kratom Consumer Protection Act. This law includes provisions for labeling, age restrictions, and testing to ensure product safety.
Vermont
Vermont classifies kratom as a controlled substance, making it illegal to buy, sell, possess, or use. Legislative efforts to reverse the ban have been discussed but have not been successful.
Virginia
Kratom is legal in Virginia. There are no state laws restricting its use, though there have been discussions about regulation. Consumers should stay informed about potential legislative changes.
Washington
Kratom is legal in Washington, with no state laws prohibiting its sale or use. However, some local jurisdictions have considered bans or regulations, so consumers should be aware of local laws.
West Virginia
Kratom is legal in West Virginia, with no state laws restricting its use. The state does not have laws prohibiting its sale, allowing consumers to purchase and use kratom without legal issues.
Wisconsin
Wisconsin classifies kratom as a controlled substance, making it illegal to buy, sell, possess, or use. Legislative efforts to reverse the ban have been discussed but have not been successful.
Wyoming
Kratom is legal in Wyoming. There are no state laws restricting its sale or use, allowing consumers to purchase and use kratom without legal issues.
Kratom’s Legal Status in the USA is a Complex and Evolving Issue
While krarom remains legal at the federal level, individual states and local jurisdictions have taken various approaches to its regulation. Some states have embraced kratom, implementing consumer protection laws to ensure safety and quality, while others have banned it outright due to concerns about its potential risks. As the legal landscape continues to change, consumers should stay informed about current laws and regulations in their area to ensure they are using kratom safely and legally.
Keep in mind, too, that public perception of kratom will continue to play a significant role in its legal status. As more people share their positive experiences and advocate for their right to access kratom, it is likely that efforts to ban the substance will face increased resistance. Advocacy groups will continue to push for responsible regulation and increased research funding.
