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Is Kratom legal in the US? State by state

Is Kratom legal in the US? State by state

June 7, 2024
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Kratom Culture
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Hidden Valley Botanicals

Is Kratom legal in my state? It's a question we get asked again and again and the short answer is, yes it is in some but not in others. Kratom is legal in the US, but not in all areas. The Southeast Asia tree’s leaves contain mitragynine and 7-hydroxymitragynine. These alkaloids may deliver psychoactive effects when consumed.

Also known as Mitragyna speciosa, Kratom has gained increasing attention and popularity. Many people support its use, while some have concerns over its safety. This divide has led to somewhat confusing laws regarding its legality, as several places have banned it.

Read on to find out which US states and jurisdictions ban or permit it.

Kratom is legal at the federal level. The Drug Enforcement Administration (DEA) and Food & Drug Administration (FDA) have attempted to ban it. Facing opposition from supporters of the herbal leaf, their efforts to ban it have been unsuccessful to date.

Federal law dictates that each state may decide whether to prohibit or allow Kratom. Individual counties can also present their own rules and regulations. Different jurisdictions have unique legislation regarding the herb’s sale, possession and use.

The American Kratom Association (AKA) is the primary driving force behind Kratom advocacy. It introduced the Kratom Consumer Protection Act (KCPA) which some states have adopted. The legislation ensures safe and regulated access to Mitragyna speciosa products.

The KCPA aims to combat adulterated, dangerous Kratom products that have raised concerns. It requires vendors to provide informative labels on all stocks. This measure also helps sellers comply with FDA parameters.

Want to know if Kratom is legal in your state? Let's find out.

Please note: all information correct at time of publication. For up-to-date information on the legal status of Kratom in your state and whether or not it complies to the KCPA, please check --- before purchasing.

Alabama

Kratom is illegal in Alabama. The state passed Senate Bill 226 in 2016. It classified mitragynine and hydroxymitragynine as Schedule I controlled substances. You may not use, possess, buy or sell any products containing these alkaloids.

Possessing kratom in Alabama is a Class C felony. Offenders could receive a maximum fine of $15,000 and 1–10 years’ imprisonment. A second offense risks a $30,000 maximum fine and 2–20 years in jail.

Alaska

Kratom is legal and unregulated in Alaska. The herb has no restrictions, so we advise using your discretion when buying it.

There have been no indications of Alaska introducing regulations or kratom laws. The AKA hopes to bring the KCPA into the state to protect local users.

Arizona

Kratom is legal in Arizona, which passed the KCPA in 2019. It regulates all Mitragyna speciosa products, prohibiting sales to minors under 18.

Selling or exposing Kratom to underage individuals is a class two misdemeanor. Offenders face fines of $750 and up to four months’ jail time.

The Arizona KCPA also requires sellers to label all Kratom products comprehensively.

Arkansas

Kratom has been illegal in Arkansas since October 2015. Possessing under two grams is a Class D felony, while having 2–28 grams is a Class C felony. Any amount over 28 grams is a Class B felony and could result in a $15,000 maximum fine or up to 20 years’ imprisonment.

The AKA has encouraged Arkansas to adopt the KCPA, but advancements have yet to occur.

California

Kratom is mostly legal in California, but intra-state bans exist. The cities of San Diego and Oceanside outlawed the herb in 2016. Possessing it there results in a misdemeanor charge, with a $1,000 fine and a maximum of six months’ jail time.

You may legally use, buy and possess Kratom in the rest of California.

Colorado

Kratom is legal in Colorado, but the towns of Monument and Parker banned it in 2019. The capital city, Denver, restricted it in 2017. It allows the sale and possession of the herbal leaf but clarifies that it’s illegal for human consumption.

All other Colorado areas outside Parker, Monument and Denver have the KCPA. You may legally use, buy, possess and sell regulated Kratom products.

Connecticut

Kratom is legal and unregulated in Connecticut. You may buy it at head shops, vape stores and specialty vendors. The state will hopefully pass the KCPA soon.

Delaware

Delaware has no restrictions or regulations on Kratom. You may buy and use it freely, but we advise getting it from a reputable source that sells safe products. There are no pending bills for regulating the herb. The AKA encourages the state to introduce the KCPA.

Florida

Kratom is legal everywhere in Florida, except for Sarasota County, which banned it in 2014. The rest of the state has the KCPA in place, allowing regulated use and sale of the herb. Sarasota likely won’t reverse the ban unless the FDA approves it.

Georgia

Using Kratom in Georgia is legal thanks to House Bill 551, which introduced the KCPA. Residents over 18 may buy the herb legally across the state.

Vendors must label Kratom products with the alkaloid content and ingredients. They must also display disclaimers, manufacturer information and proper use instructions. Failure to do so can result in a misdemeanor charge, a $1,000 fine or one year in jail.

Hawaii

Kratom is legal and unregulated in Hawaii. No pending laws or KCPA proposals exist, but the state has considered regulating the herb.

Idaho

Kratom is legal and unregulated in Idaho. There have been attempts to introduce the Kratom Consumer Protection Act of Idaho. The bill hasn’t passed yet as of 2023.

Illinois

Kratom is legal in most of Illinois. Alton, Maryville, Wood River, Jerseyville, Edwardsville and Glen Carbon have banned it. You may use the herbal leaf freely in the rest of the state if you’re over 18. Selling to minors is a Class B misdemeanor, resulting in a maximum fine of $500.

The state is considering introducing the KCPA, but no advancements have occurred yet.

Indiana

Indiana banned Kratom in 2014, making it illegal to use, buy, sell or possess it. Lawmakers classify it as a Schedule I controlled substance like cocaine and heroin.

Republicans introduced the Indiana House Bill 1500 in January 2023. It passed House on February 21st, 2023, so locals hope the Senate will also pass and sign it into law. Kratom will become legal statewide if it takes effect.

Iowa

Kratom is legal to buy, sell, and possess in Iowa. No regulations exist, so we advise sourcing your products from a reputable vendor.

Kansas

Kratom is legal and unregulated in Kansas. A 2018 bill attempted to criminalize the herb, but it was unsuccessful. The state is considering House Bill 2084 to introduce the KCPA. The legislative session will happen on January 8th, 2024.

Kentucky

You may legally use, buy, possess and sell Kratom in Kentucky. No regulations exist, as state law categorizes the herbal leaf as a dietary supplement. The AKA hopes legislation will adopt the KCPA, but proposed bills have failed.

Louisiana

Kratom is mostly legal in Louisiana. The state introduced a law in March 2019 to make the herb illegal if the DEA makes it a controlled substance. Local parishes Ascension, Rapides, and Franklin have banned it. Livingston is also considering making its use unlawful.

Louisiana is reviewing two bills. One aims to ban Kratom statewide, while the other aims to introduce the KCPA. The AKA is fighting to make the latter happen.

Maine

Kratom is legal without regulations in Maine. Lawmakers tried to classify mitragynine as a Schedule W controlled substance in 2017. They were unsuccessful so they’re considering introducing the KCPA statewide.

Maryland

Residents of Maryland may use, buy, possess or sell Kratom legally. No regulations exist and attempts to age-restrict the herb have been unsuccessful.

Massachusetts

Kratom is legal and unregulated in Massachusetts. The House of Representatives has attempted to ban it but failed.

Michigan

Michigan laws allow the use, possession and sale of Kratom. The herbal leaf is unregulated but a KCPA bill is awaiting Senate approval.

Minnesota

Kratom is legal across Minnesota. No regulations exist but the state made using it unlawful for individuals under 18. Underage sales result in a gross misdemeanor charge. Some representatives have proposed the KCPA but it hasn’t taken effect yet.

Mississippi

Kratom is legal in Mississippi but intra-state bans exist in 33 counties and cities:

  • Alcorn
  • Belmont
  • Blue Mountain
  • Booneville
  • Bruce
  • Burnsville
  • Caledonia
  • Calhoun
  • Columbus
  • Corinth
  • Derma
  • Fulton
  • Guntown
  • Itawamba
  • Iuka
  • Lowndes
  • Mantachie
  • Marietta
  • Monroe
  • New Albany
  • Noxubee
  • Okolona
  • Oxford
  • Pearl River
  • Pontotoc
  • Prentiss
  • Ripley
  • Saltillo
  • Senatobia
  • Tippah
  • Tishomingo
  • Union
  • Vardaman

No Kratom regulations exist in other areas in Mississippi. Lawmakers are considering the KCPA.

Missouri

Missouri citizens may legally use Kratom and there are no regulations. The 2022 Legislative Session tried to introduce the KCPA but the Governor vetoed it on July 1st. Ensure the products you buy undergo rigorous testing to confirm their quality.

Montana

Kratom is legal in Montana with no regulations. There are no indications of a KCPA bill but the AKA has encouraged the state to pass it.

Nebraska

Nebraska laws allow you to buy and use Kratom without legal repercussions. The herbal leaf has no regulations in the state so buyer discretion is essential.

Nevada

Kratom is legal in Nevada, which introduced the KCPA in 2016 with Assembly Bill 303. Citizens over 18 may freely use and buy the herb from licensed manufacturers.

Contaminated Kratom products and underage sales are illegal. Vendors must place clear labels with usage and ingredient information on all items.

New Hampshire

Kratom is legal in New Hampshire but Franklin City banned it in 2019. You may use, possess and buy it lawfully in the rest of the state if you’re over 18. The intra-state ban could change if lawmakers pass the KCPA, which has been in review since 2022.

New Jersey

Kratom is legal and unregulated in New Jersey. Several bills have attempted to criminalize the herb but so far they’ve been unsuccessful. The state is considering the KCPA.

New Mexico

Any New Mexico citizen may legally use, buy, sell or produce Kratom. No regulations exist, and there have been no attempts to ban the plant or pass the KCPA.

New York

Kratom is legal in New York without regulations. The state has tried to make the herb illegal several times. Overwhelming support from advocates rendered the proposed bills unsuccessful. The only restriction exists in Suffolk County, where nobody under 21 can buy it.

North Carolina

Citizens aged 18 and older may legally possess and use Kratom in North Carolina. There are no regulations, but the state passed a bill prohibiting underage sales.

North Dakota

Kratom is legal and unregulated in North Dakota. The state’s legislators and lobbyists are considering introducing the KCPA. No advancements have happened yet.

Ohio

Using Kratom in Ohio is legal, but only in powder form. The state bans capsules, edibles and extracts containing the herb. The Ohio Pharmacy Board attempted to make it a controlled substance but the AKA stopped it. Citizens hope to see the KCPA and full legality happen soon.

Oklahoma

Oklahoma passed House Bill 1784 in 2021, introducing the KCPA to protect citizens. Using kratom is legal for all people over 18.

Safety regulations exist, including requirements for sellers to stock contaminant-free products. They must also provide item dates and lab test results.

Oregon

Kratom is legal in Oregon and regulated under the KCPA. The state introduced the act in 2022, allowing citizens over 21 to use and possess the herbal leaf. Vendors must register with the Department of Revenue to sell it.

Pennsylvania

Kratom is legal and unregulated in Pennsylvania. A KCPA bill is pending and awaiting approval from the Senate.

Rhode Island

Rhode Island banned Kratom and its related alkaloids in 2017. You may not use, buy, possess or sell the herbal leaf. Offenders could face a misdemeanor or felony charge with a fine of $500 or one year in jail.

Some state representatives have voiced support for the KCPA. Legislators tried to legalize Kratom four times but the Senate rejected these attempts. Citizens hope these laws will change soon.

South Carolina

Kratom is legal and partially-regulated in South Carolina. Minors under 18 may not buy or use the herb. The state is considering the KCPA.

South Dakota

You may use Kratom legally in South Dakota. No regulations exist at present. The state prohibits sale and possession for individuals under 21.

Tennessee

Kratom is legal in Tennessee if you’re older than 21. Synthetic versions of mitragynine or hydroxymitragynine are illegal. The Senate rejected a bill to introduce the KCPA in 2023. The AKA and advocates of the herbal leaf will keep fighting for regulation.

Texas

The use, sale and possession of Kratom is legal in Texas. The state passed the KCPA in 2023, making unlabeled and adulterated products unlawful. It also prohibits individuals under 18 from buying the herbal leaf.

Utah

Utah passed the SB 58 Kratom Consumer Protection Act in 2019. It was the first state to introduce the KCPA. You may use Kratom legally if you’re older than 18.

Vendors must label products with lab results, alkaloid concentration and manufacturer information. Manufacturers must also register with the local Department of Agriculture.

Vermont

The Vermont Department of Health removed Kratom as a Schedule I controlled substance in 2023. It was previously illegal but is now available for citizens over 21. The state is considering regulation with the KCPA.

Virginia

Kratom is legal and regulated under the SB 1108 Virginia Consumer Protection Act. The bill has been in effect since July 2023. It allows individuals 21 and older to use the herbal leaf freely. All products must have labels that list the ingredients.

Washington

You may use Kratom legally in Washington State with no repercussions. No regulations exist but Senator Honeyford wants to pass the KCPA. There have been no advancements since 2022, but citizens remain hopeful.

West Virginia

Kratom is legal in West Virginia. Senate Bill 220, the Industrial Hemp Development Act, took effect on June 9th, 2023. It includes a section that requires the sale of regulated Kratom products. Vendors must get a permit to sell, distribute, process and manufacture the herb.

Wisconsin

Kratom is illegal for all citizens in Wisconsin. Possessing it is a misdemeanor and creating or distributing it is a felony. Carrying mitragynine could result in 3.5 years in jail or a maximum fine of $10,000. Distributors and manufacturers may face up to six years in jail.

There are talks to reverse the kratom ban in Wisconsin and introduce the KCPA with Assembly Bill 393.

Wyoming

Kratom is legal and unregulated in Wyoming. The state hasn’t experienced any attempts to ban or regulate the herbal leaf’s use. The AKA has encouraged all areas to adopt the KCPA.

Can you buy Kratom online legally?

Yes, buying Kratom online legally is possible if you live in an area where it’s not banned. It’s the best and safest way to get Mitragyna speciosa, ensuring quality, unadulterated products. Not all states have passed the KCPA, so using your discretion is vital when browsing vendors.

Source your Kratom leaves, powder, capsules or extracts from a reputable site. Ensure they have valid testing processes to verify the products’ purity.

Buying online also means finding a wider selection of Kratom strains. Enjoy more affordable prices, discounts and, most importantly, peace of mind.

Why is Kratom banned in some states?

Kratom has faced many controversies due to conflicting reports on its safety. Some states have banned it in response to fears over its usage. Others are waiting for the FDA and DEA to approve the herbal leaf or place it on the list of controlled substances.

The DEA called Kratom a 'drug of concern' in June 2020. The FDA has released claims that the herbal leaf has no potential medicinal benefits.

Few clinical studies are available on Kratom effects, whether positive or harmful. A 2022 study showed mitragynine doesn’t produce life-threatening or respiratory depressant effects. Despite results like this, experts still express concerns over the herbal leaf’s alkaloids.

Reports of adverse effects from mitragynine and 7-hydroxymitragynine include:

  • Dry mouth
  • Constipation
  • Depression
  • Sweating
  • Muscle pain
  • Nausea and vomiting
  • Liver damage
  • Seizures
  • Delusions

Most Kratom users don’t experience any of these effects. Some experts suspect other substances caused these symptoms in the reported cases. The KCPA and regulations are vital for ensuring safe, pure, additive-free Kratom products.

Hundreds of thousands of Kratom supporters attest to its safety. The American Kratom Association also provides resources on the plant’s positive aspects. The hope is that more areas worldwide will regulate it instead of banning it.

Where can I buy Kratom in the US?

Are you ready to experience the benefits of Kratom for yourself? Many vendors exist across the US in states where it’s legal. Not all of them can prove the safety of their products, so buying from a reputable source is vital.

We source our Kratom ethically and diligently at Hidden Valley Botanicals. Our products go through an extensive testing process to verify their quality. We ensure they’re 100% pure, without adulterants, additives or synthetic ingredients.

Don't stress, worrying if your Kratom is safe and free of contaminants - browse our store to discover the best in alternative medicine today. Shop now (LINK)!

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