Is kratom legal in 2023? Kratom legality by state

Whether you’re a seasoned or prospective Mitragyna speciosa user, this guide is for you. Join us to learn about kratom’s legal status in the US. We investigate current laws state-by-state and discuss potential future developments.

Is kratom legal in the US?

For the most part, kratom is legal in the US. As our phrasing may suggest, its status isn’t clear-cut.

Let’s start by laying some groundwork.

 

 

Kratom is a herbal extract from Southeast Asian Mitragyna speciosa trees. Traditional healers used it for focus and productivity, sleep assistance, stress and discomfort relief, and improved well-being. It’s been central to Eastern herbal medicine for ages.

Fast forward several centuries, and kratom is making its way westward. It arrived in the US in the 1990s and entered the limelight in the early 2000s. People heard about its potential healing properties and started exploring it as an alternative to mainstream meds.

Kratom leaves contain two alkaloids that induce calming and uplifting effects. These chemicals bind to the same receptors as opioid drugs. While not problematic in isolation, this fact caused an avalanche of misinformation.

The Food and Drug Administration (FDA) first tried to discredit and ban it in 2012. In response, the American Kratom Association (AKA) emerged in 2014.

This organization is vital for kratom legislation in the US. It spearheads advocacy and fights legal battles to prevent a federal ban. It now includes scientists and government representatives who speak for people’s right to choose what they can and cannot consume.

One of the AKA’s main goals is to ensure citizens can access clean kratom products and accurate information. This task requires government regulation, which can take the form of a KCPA.

The Kratom Consumer Protection Act (KCPA) protects the plant’s legality in a state or country. It also introduces requirements for sales, possession, and use, such as:

• The minimum legal age to buy kratom
• Safe purchase and possession limits
• Precise product labeling and dosage guides
• Testing requirements for manufacturers

In a nutshell, the KCPA would make kratom available for adult use in controlled quantities. It would also ensure that no deceptive sellers endanger users with contaminated powders.

By proposing this document, the AKA fights against the government’s negligence and demonization of kratom. Has it been successful?

Kratom laws vary between American states. Four have enacted KCPAs, and six banned the plant altogether. Most are still in between, failing to recognize this substance at all. Let’s explore the situation in more detail.

Kratom legality by state

The FDA tried to classify kratom as a Schedule I controlled substance several times. Doing so would make it illegal to sell, buy, or possess it in the US. Fortunately, there was pushback from individual users and advocacy groups, and the scheduling never went into effect.

With a complete ban out of the window, the FDA’s task is to devise the best way to regulate kratom. Nothing has yet happened on the country level, though.

Even though kratom is federally legal in the US, its status is determined on a case-by-case basis. Each state may decide on its unique regulations and restrictions.

The below table offers a brief insight into each state’s current law.

 

State	Legal Status	Details
Alabama	Banned	Kratom alkaloids are banned.
Alaska	Unregulated	No kratom regulations.
Arizona	Regulated	Kratom is regulated under the KCPA.
Arkansas	Banned	Kratom products are banned.
California	Mostly legal	Kratom is banned in San Diego but legal elsewhere.
Colorado	Mostly legal	Kratom is banned in Parker and Monument and restricted in Denver.
Connecticut	Unregulated	No kratom regulations.
Delaware	Unregulated	No kratom regulations.
Florida	Unregulated	No kratom regulations.
Georgia	Regulated	Kratom is regulated under the KCPA.
Hawaii	Unregulated	No kratom regulations.
Idaho	Unregulated	No kratom regulations.
Illinois	Mostly legal	Kratom is banned in Jerseyville, Alton, and Edwardsville.
Indiana	Banned	All kratom products are banned.
Iowa	Unregulated	No kratom regulations.
Kansas	Unregulated	No kratom regulations.
Kentucky	Unregulated	No kratom regulations.
Louisiana	Unregulated	No kratom regulations.
Maine	Unregulated	No kratom regulations.
Maryland	Unregulated	No kratom regulations.
Massachusetts	Unregulated	No kratom regulations.
Michigan	Unregulated	No kratom regulations.
Minnesota	Unregulated	No kratom regulations.
Mississippi	Unregulated	No kratom regulations.
Missouri	Unregulated	No kratom regulations.
Montana	Unregulated	No kratom regulations.
Nebraska	Unregulated	No kratom regulations.
Nevada	Regulated	Kratom is regulated under the KCPA.
New Hampshire	Partially regulated	Kratom is unavailable to minors.
New Jersey	Unregulated	No kratom regulations.
New Mexico	Unregulated	No kratom regulations.
New York	Unregulated	No kratom regulations.
North Carolina	Unregulated	Kratom is unavailable to minors.
North Dakota	Unregulated	There are no regulations on kratom.
Ohio	Partially regulated	Only kratom powder is legal.
Oklahoma	Unregulated	No kratom regulations.
Oregon	Unregulated	No kratom regulations.
Pennsylvania	Unregulated	No kratom regulations.
Rhode Island	Banned	Kratom alkaloids are banned.
South Carolina	Partially regulated	Kratom is unavailable to minors.
South Dakota	Unregulated	No kratom regulations.
Tennessee	Partially regulated	Kratom is unavailable to minors.
Texas	Unregulated	No kratom regulations.
Utah	Regulated	Kratom is regulated under the KCPA.
Vermont	Banned	Kratom alkaloids are banned.
Virginia	Unregulated	No kratom regulations.
Washington	Unregulated	No kratom regulations.
West Virginia	Unregulated	No kratom regulations.
Wisconsin	Banned	All kratom products are banned.
Wyoming	Unregulated	No kratom regulations.

 

What does it mean when a government has no regulations, and which laws might they enact? Let’s explore kratom legality by state to answer these questions.

 

States where kratom is legal

Most American states haven’t taken a stance on kratom. In practice, this means the herb is available for purchase to everybody.

This situation isn’t optimal, though. A lack of regulation lets shady sellers push contaminated products onto the market. Unethical practices make kratom potentially dangerous and increase its abuse potential.

Actual legality will only come when states recognize kratom, grant it official status, and introduce regulations.

Some state governments have already done that by introducing KCPAs:

• Arizona had active advocates for kratom, which prevented prohibition and enabled regulation. It passed a KCPA in 2019, ensuring safe products for adult shoppers.
• Georgia has an active KCPA, despite previously facing a kratom panic. All products must display ingredients and disclaimers, and anybody over 18 can get them.
• Nevada passed its KCPA in 2016, making contaminated products punishable by law. Anybody over the age of 18 may purchase kratom from licensed manufacturers.
• Utah regulated the herb via a KCPA in 2019, stopping the sales of contaminated kratom. In 2020, it introduced an additional bill to license manufacturers and increase the plant’s accessibility.

Some states don’t have KCPAs, but they enforce some regulations. New Hampshire, North Carolina, South Carolina, and Tennessee ban minors from buying the herb. Ohio lets shoppers get powdered kratom only, as capsules are easier to contaminate.

The idea behind these regulations is that citizens should be free to make their own decisions. The government ensures that those who want kratom can get it from safe and reliable sources.

 

States where kratom is illegal

We analyzed states with regulation and legislation, so let’s look at the opposite extreme. Where is kratom illegal?

Kratom is banned in the US in these states for the following reasons:

• Alabama made the active kratom alkaloids illegal in 2016. The government inaccurately considers them synthetic substances, so there’s a basis for contesting the bill.
• Arkansas made kratom illegal in 2017 when three deaths were falsely ascribed to it. There haven’t been notable proposed changes.
• Indiana banned kratom in 2014, classifying it as a Schedule I controlled substance. The government suggested labeling the alkaloids as synthetic substances, a clear example of misinformation.
• Rhode Island criminalized the kratom alkaloids in 2017. There was recently a bill that suggested regulation, so we’re optimistic.
• Vermont law considers kratom alkaloids hallucinogenic substances and synthetic cannabinoids. Since the plant is neither synthetic nor a cannabinoid, experts might challenge this classification.
• Wisconsin officials consider kratom a dangerous substance similar to opiates. The public perception is in line with this demonization campaign.

The way the governments view the plant comes from a narrow perspective. They assume kratom will be just as addictive as opiates and contribute to the overwhelming opioid crisis.

From this assumption, they conclude that a ban would reduce addiction rates.

In reality, kratom can be addictive, but much less than prescription meds and black-market narcotics. It’s also safer to consume, so most states keep it legal to give folks an alternative to opioids. Research is even coming out to confirm this use of the herb.

Democratic and scientific consensus may push these states to change their ways. Until then, people face punishments for buying and consuming kratom.

How do these penalties look? Can you go to jail for kratom in these states?

All six American states that ban kratom have harsh possession penalties. You face felony charges if caught with it, which incurs high monetary fines and jail time.

Kratom legality map 2023

Are you looking for basic facts? Check our kratom legality map for a quick reference.

 

 

The states where kratom is illegal are red, and you can freely purchase it in all blue-colored regions.

Is kratom legal to buy online?

Since most states don’t have KCPAs, there’s no guarantee that your local kratom store is selling the real deal. As a result, many people turn to the internet for their purchases.

Most Americans can legally purchase kratom online. The only exceptions are those from Rhode Island, Arkansas, Alabama, Indiana, Wisconsin, and Vermont. If the herb is illegal in your region, internet vendors won’t ship to your location.

Internet sellers don’t have to follow any customer protection guidelines. As a buyer, you should stay savvy while browsing the web for your kratom. Check whether a vendor ticks these boxes before giving them your time and money:

• They should mean well and have clear values. Besides believing that each shopper deserves clean and safe products, they should support legalization and regulation.
• They should offer proof of third-party lab testing for pesticides, heavy metals, and other harmful contaminants. The label should also show alkaloid counts.
• They should honestly market their kratom supplements. We still don’t know everything about the plant’s effects, and we can’t claim it’ll cure any condition. It’s best to avoid vendors who make bold and unsupported statements.
• They should have a scandal-free track record. Sellers who got involved in drama and have heaps of negative reviews aren’t likely to respect you as a customer.

Find a vendor that meets these standards, and you can enjoy the full benefits of online shopping. They include a better strain and product selection, deals and discounts, fresh products, and exceptional convenience.

Vape, smoke, herb, and holistic health stores may sell kratom leaf and powder, but capsules are rare. Buying from specialized vendors grants you a comprehensive selection of quality products.

We fancy ourselves an excellent example. We regularly import small leaf batches to keep our kratom fresh and potent. We have a five-step testing process to prevent product contamination and offer free shipping in all legal states.

Besides leaves and powders, we stock high-quality kratom pills for neat and easy dosing. Choose your preferred form and enjoy safe products at home.

As more states enact KCPAs, reputable brick-and-mortar vendors are sure to reach big cities. Until then, shoppers in areas without regulation are better off shopping online.

 

 

Future predictions of kratom in the USA

Why is kratom legal when numerous other herbal substances aren’t? It’s partly due to its relatively low popularity in the West.

Where weed and shrooms were central to 1960s counterculture, kratom’s past legal status relied on anonymity. As it garners more public attention, though, the government will become unable to ignore it. We can say with certainty that more laws are coming.

There are two tides in the US: banning and control. We’re happy that widespread legalization and regulation of kratom seems more likely.

That’s due to the plant’s potential benefits for people’s health. Numerous reports demonstrate its desirable effects on stress, discomfort, and addictions.

The scientific community is interested in kratom, so more research will appear in the following years. Reliable evidence might push the herb into the mainstream and counter many wrongful ideas about its alkaloids.

Notably, the National Institute for Drug Abuse has awarded two grants to the US College of Pharmacy to investigate the plant and its alkaloids. A kratom research pioneer leads the team and has already reached some optimistic results.

Besides clinical applications, studies would verify kratom’s suitability for recreational use. With time, we’ll learn more about the long-term influence, benefits, risks, and side effects of kratom.

This push relies on individuals and organizations. As people become more aware and supportive of the herb, the leaders must listen and reconsider their attitudes.

What can you do to help?

The American Kratom Association has organized a national grassroots organization called the American Kratom Protectors. It leads efforts to fight state bans, share correct information, and push state and federal KCPAs. Anybody can join and encourage future change.

 

Final word

Our comprehensive overview of kratom legality in the US left us optimistic. The work of the AKA and KCPA makes it easy to envision a better future. The recent advancements in holistic natural medicine will also help American Mitragyna speciosa.

Many proposed bans haven’t been successful, while education and regulation reduced harmful incidents. The states should cooperate, introduce a uniform law, clamp down on unregulated products, and make kratom safe and beneficial for all.

If the law in your area allows it, why not try the herb? Visit our store to order quality, lab-tested kratom supplements today. If you live in a state where it’s illegal, sign up for the AKA to help spread the word and push for reform.