Recent Kratom Legality News

The following resources are dedicated to the fight against misinformation and political influences in the continued access to Kratom worldwide (Please inform us if you know of a valuable resource that should be added):

International Kratom Legal Status

There are only a few countries confirmed to have made kratom illegal at this time. Those countries are Australia, Denmark, Finland, Israel, Lithuania, Malaysia, Myanmar, Poland, Romania, South Korea, Sweden, Thailand, United kingdom. Despite these countries banning kratom, usually for politically motivated reasons, you will find that kratom is legal in most of the world.

Kratom isn’t completely banned but it’s legal status remains uncertain in Finland, Denmark, Romania, Germany, and New Zealand. To find a complete list of European countries and kratom legal status, follow the link below.

Alabama

Legal Status: Illegal
Current bill: No current bills
Past bills: SB 226 (2016, banning Kratom), petition in 2016 and petition in 2017 to overturn ban (both failed)

In 2016, Alabama included Kratom's main two alkaloids, mitragynine and 7-hydroxymitragynine, to the controlled substances list as Schedule I drugs. Therefore, since then, possessing, manufacturing, buying or selling Kratom is illegal in the state. The bill classifies Kratom's alkaloids as synthetic substances, which is inaccurate.

Two petitions were filed to revert this bill but none of them has succeeded.

Alaska

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Arizona

Legal Status: Currently legal and regulated by KCPA (2019).
Current bill: No current bills to ban kratom, KCPA (Kratom Consumer Protection Act to regulate Kratom) passed in 2019.
Past bills: AZ HB2453 was reviewed and kratom taken out of it.

Arizona passed the Kratom Consumer Protection Act (KCPA) in April 2019, making Kratom a regulated legal substance in the state. Before this, though, there was a bill, AZ HB2453, which intended to consider Kratom and its main components (Mitragynine and 7-hydroxymitragynine) as substances and add them to the list of controlled drugs. Since this was not accurate for pure Kratom's composition, it was taken out of the bill and it remained unregulated until the KCPA was passed in 2019.

Kratom can be currently purchased in Arizona in tobacco and herbs stores. Phoenix is the center of all Kratom sales but it can be purchased online state wide. KCPA regulates Kratom quality of any seller in the state. Buying Kratom in a vending machine is also a possibility in Arizona!

Arkansas

Legal Status: Illegal
Current bill: No current bill
Past bills: Kratom was added to the controlled substances list as a Schedule I substance.

In 2015, the state of Arkansas added Kratom to its list of Schedule I drugs, which means it is considered a highly addictive substance with no medical value. Kratom and its main active elements, mitragynine and 7-hydroxymitragynine, were considered Opium Derivatives together with heroin, codeine, and morphine. Kratom was included on the list with other substances that were synthetic substances, unlike Kratom.

The Fourth Judicial Drug Task Force has enforced actions against businesses that continued selling Kratom after it became illegal. Kratom was linked to a few health incidents in Arkansas and together with FDA recommendations, the state decided to take action against it.

California

Legal status: Currently legal (Except for San Diego, where it's banned)
Current Bill: No current bills
Past bills: No past bills

California is one of the largest states in the US and the most populated. It is well known for being a forward-thinking state and it was the first to legalize medical cannabis in 1996.

As one could expect, Kratom is currently legal in the state of California, with the exception of the city of San Diego.

Since June 2016, the City Council of San Diego ruled on banning Kratom as well as spice, bath salts, and other synthetic and psychoactive substances. The ban prohibits possession, sale, manufacture, and distribution of Kratom and it only applies to the City limits, not to the whole of San Diego County.

Colorado

Legal Status: Currently legal, except for Denver, Parker, and Monument.
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal in the state of Colorado, with some exceptions: The cities of Parker and Monument have banned it completely while the city of Denver has restricted its labelling to "not suitable for human consumption".

In November, 2017, the Denver Department of Public Health and Environment "restricted the sale or service of kratom for human consumption in Denver". Therefore, any Kratom sellers need to label their product as not suitable for human consumption and information regarding the potential dangers of Kratom must be included as well. Recommendations or indications on how to use Kratom are also illegal.

Kratom can be bought in vaping, smoke and herbs stores in main cities in Colorado.

In 2019, guided by the FDA reports, the cities of Parker and Monument passed ordinances banning Kratom retail, with fines reaching $500 in Parker.

Connecticut

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Delaware

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

There is no past or pending legislation about Kratom in the state of Delaware. Therefore, Kratom is legal to sell, buy and possess in the state.

Florida

Legal Status: Currently legal (except for Sarasota County under Code of Ordinances since 2014)
Current bill: No current bills
Past bills: SB 424 (2017, failed), HB 183 (2017, failed), bill to ban Kratom in St. John's County (2019, postponed)

A misinterpretation about Kratom being a designer drug was the base for Sarasota County's ban on the natural product. The bill referred to Kratom's alleged hallucinogenic effects and the fact that it was banned in Malaysia, Myanmar, and Thailand at the time to justify the ban.

Georgia

Legal Status: Currently legal and regulated under KCPA (Kratom Consumer Protection Act)
Current bill: No current bills
Past bills: HB 783 (2017, failed) HB 551 (2020, passed, version of the KCPA)

In 2017, a statement was issued by a Medical examiner that linked 11 deaths to Kratom consumption. Despite other drugs and conditions being involved in these deaths and the data being inconclusive, a bill was proposed to ban Kratom in the state of Georgia. After many positive testimonies regarding the use of Kratom, the natural substance was taken out the bill.

In 2019, version of the KCPA (Kratom Consumer Protection Act) was passed in Georgia with overwhelming support.

Georgia's KCPA regulates access to Kratom to those 18 or older and it imposes labeling requirements. Labels need to include age restrictions, ingredients, alkaloids, producer and distributor information, usage instructions, and disclaimers. KCPA also prohibits unsafe Kratom products.

Hawaii

Legal Status: Currently legal
Current bill: SB 3064 (2020, pending, would ban Kratom)
Past bills: No past bills

In January 2020, bill SB 3064 was proposed by seven Democrat candidates. The bill would ban Kratom, adding it to the controlled substances list as a Schedule V drug.

Idaho

Legal status: Currently legal
Current Bill: No current bills
Past bills: No past bills

There are no past or current bills regarding Kratom legality in Idaho. Kratom is fully legal to sell and buy.

Kratom can be purchased in a variety of health, supplement, and specialty stores.

Illinois

Legal Status: Currently legal and age-regulated. Banned in Jerseyville and Alton.
Current bill: HB4681
Past bills: IL HB5526 (2014, age restrictions), HB4106 (2018, wider restrictions, bill died)

In 2014, a bill (IL HB5526) was passed. The bill banned access to Kratom to those individuals under 18 years of age. Over the next few years, two cities in the state of Illinois, Jerseyville and Alton, decided to move forward and ban Kratom within their city limits.

In 2018, there was an attempt by a state representative to ban Kratom statewide, through an amendment of the controlled substances act. The bill died a year later and therefore, Kratom remains legal in the state of Illinois for those aged 18 or older and except for Alton and Jerseyville.

In February 2020, HB4681 was introduced. This bill is the Illinois equivalent to the KCPA (Kratom Consumer Protection Act) and it would establish some regulations around Kratom:

  • Labelling requirements (indicating ingredients and levels of mitragynine and 7-hydroxymitragynine).
  • Limit 7-hydroxymitragynine content to a 2% maximum.
  • Ban synthetic alkaloids in Kratom products.
  • Ban adulterated Kratom products.
  • Regulate age of access to 18 years or older.
  • Establish punishments for not complying with the regulations.

Simultaneously, another bill was also introduced in Illinois. HB5657 aims to add Kratom to the list of controlled substances as a Schedule II drug, under the classification of opiate, which is inaccurate since Kratom has opioid-like properties but it is not an opiate.

Indiana

Legal Status: Illegal
Current bill: No current bills
Past bills: SB 305 (2014, Banning Kratom)

The state of Indiana joined the few states that decided to ban Kratom and added the natural substance to its list of controlled substances.

The bill suggested that Kratom's main alkaloids, mitragynine and 7-hydroxymitragynine, were classified as synthetic substances, which would have been erroneous, but eventually they were classified as hallucinogenic substances.

There are no current bills or clear efforts to revert this decision in the state of Indiana.

Iowa

Legal Status: Currently legal
Current bill: No current bill
Past bills: HF 2355 (2014, failed)

In 2014 a bill was proposed to the senate to ban and criminalize Kratom, making it a schedule 1 drug. The bill indicated that Kratom was a hallucinogenic substance with no proven medical benefits and that it posed great abuse risks.

A petition against the bill was filed by Kratom suppliers, who argued that the existing data was not conclusive to state that kratom was dangerous.

In the end, the bill didn't pass and Kratom remained legal and unregulated in Iowa.

Kansas

Legal Status: Currently legal
Current bill: KCPA (Kratom Consumer Protection Act) under review
Past bills: SB 282

American Kratom Association support page for Kratom in Kansas

In 2018, a bill suggesting the addition of substances like CBD and Kratom (among others) to the scheduled substances list was sent to the Senate for review.

Many opposed the bill, including kratom consumers and supporters, as well as the American Kratom Association and with the Botanical Education Alliance, who urged everyone to contact the Senate asking to keep Kratom legal. Some other legislators also argued that there was not enough evidence to make kratom illegal.

Eventually, Kratom and CBD were taken out of the bill and remain therefore legal until present day.

In March 2019, Kansas started reviewing the KCPA (Kratom Consumer Protection Act).

Kentucky

Legal Status: Currently legal
Current bill: No current bills
Past bills: SB1/LM (Failed) SB136 (Failed)

A 2016 bill proposed to include Kratom to the controlled substances list as a Schedule I drug. That would have meant to consider kratom a synthetic opioid, which it is not. The bill failed but the next year, another bill was proposed.

This new bill would create a new category of controlled substances, Schedule A, and it would include substances with similar effects than those already in the list. Since Kratom is considered to have opioid-like effects, it would very likely be included in that new category.

The bill seemed to not have succeeded so far and thus Kratom remains legal in Kentucky.

Louisiana

Legal Status: Currently legal
Current bill: LA HR203 (2019, request to study Kratom, outcome pending)
Past bills: LA HB19 (2014, failed) LA HB174 (2015, Kratom excluded) LA HR177 (2018, Request to study Kratom)

There were a few attempts to ban Kratom in the state of Louisiana.

LA HB19 was proposed in 2014 and it suggested adding Kratom and any Kratom derivatives to the list of controlled substances. The bill did not pass, it died in committee. A year later, in 2015, the same bill was proposed again and, on this occasion, it passed. However, Kratom was taken out of the bill.

During the salmonella outbreak of 2018, 3 people in the state of Louisiana were affected and that sparked critics towards Kratom. On the same year, a bill (LA HR177) asked the the Louisiana Department of Health to officially study Kratom and its effects in order to rule if it should be included in the controlled substance list.
Another bill (LA HR203) to study Kratom passed in 2019.

These studies are being carried out and there is still no conclusive data.

Maine

Legal Status: Currently legal
Current bill: No current bills
Past bills: A 2017 bill tried to add Mitragynine to the controlled substances list but the alkaloid was finally left out.

In 2017, a bill suggested including mitragynine, one of Kratom's main alkaloids in the controlled substances list along with opium, morphine, heroin, and others. However, thanks to the activism of Kratom supporters, Kratom was left out of it and it remained legal.

KCPA (Kratom Consumer Protection Act) was introduced to Maine through LD1384, but the bill did not pass.

Maryland

Legal Status: Currently legal
Current bill: SB147 (would regulate Kratom sales if passed) and HB283 (would ban Kratom, pending)
Past bills: No past bills

Kratom is currently legal in Maryland but a couple bills are pending concerning its legality. SB147, by Senator Young would ban kratom in the state, but after a public hearing of many cases pro-kratom legality, the senator might be closer to changing his mind as he admitted he was interested in trying kratom himself to treat his arthritis.

HB283 is another bill from 2020 that concerns Kratom. This bill, if passed, would fully ban Kratom by adding its main alkaloids mitragynine and 7-hydroxymitragynine, to the list of controlled substances as Schedule I drugs.

Massachusetts

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Michigan

Legal Status: Currently legal
Current bill: SB 0433 (2019, pending, if passed it would ban Kratom)
Past bills: HB 5707 (2014, bill died) HB 5736 (2014, bill died)

In 2014, there were two bills that were sponsored almost at the same time. One intended to add Kratom to the controlled substances list and the other one wanted to regular Kratom sales to individuals aged 18 or older. To fight against the first bill, more than 1700 signatures were collected and eventually both bills died.

In 2017, there was an incident linked to Kratom consumption. Eric Genautis died in his sleep and his death was linked mainly to Kratom despite his opioid addiction and his battle against depression and anxiety. After this, a few more incidents were linked to Kratom and Eric's family started advocating against Kratom.

In 2019, a senator introduced another bill that would add Kratom to the Schedule II of the controlled substances act. That would mean people would require a medical prescription to access Kratom.

Minnesota

Legal Status: Currently legal and age-regulated
Current bill: No current bill
Past bills: SF 2578 (2017-2018)

Kratom has been legal in the state of Minnesota since May 2018. Thanks to the action of many advocacy groups, there hasn't been much negative attention to the plant and its legality. In a 2017-2018 bill (SF 2578), the sale and possession of Kratom was regulated. Kratom can't be sold to people under 18 years of age and it's illegal for children under 18 to possess it as well. Illegal possession of Kratom will be considered a gross misdemeanor.

Mississippi

Legal Status: Banned in 33 counties and cities. Legal in the rest of the state.
Current bill: No current bills, pending legislation to ban it in other counties and cities as well as statewide.
Past bills: SB 2475 (2018, failed) MS HB974 (2018, Kratom excluded)

There were two bills in 2018 that tried to ban Kratom. SB 2475 (2018, failed) MS HB974 (2018, Kratom excluded).

After those two unsuccessful tries, legislators went on their fight against Kratom city by city and county by county. As it happened in other states and cities, Kratom was listed as a synthetic substance instead of a plant and it was subsequently used as an argument to ban it.

2019 was the year that saw most counties in Mississippi ban Kratom, including Alcorn and Tishomingo counties, two of the US counties with the highest opioid prescription rate. These bans mean that opioid patients in those counties do not have access to a natural alternative such as Kratom. Northeast Mississippi is the region where most bans are taking place.

State senator, Chuck Younger, expressed his intentions to introduce at least 3 bills in the 2020 session of the Mississippi Legislature, which would end on March 7. One of the bills concerns Kratom and it would request the Mississippi State Medical Association to schedule Kratom as a Schedule I drug, banning it statewide.

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

Missouri

Legal Status: Currently legal
Current bill: Some counties are considering a ban. KCPA (Kratom Consumer Protection Act) is being reviewed. St Louis County has regulated sales.
Past bills: No Past bills

There are currently no laws regulating Kratom in Missouri and although a few counties have considered banning it in the past, they didn't succeed.

On January 2020, Republican representative Phil Christofanelli introduced a new bill that would require a revision of the clean Missouri amendment to regulate Kratom. The bill passed in the House Committee but it is yet to be passed by the full House.

The bill is known as the Missouri Kratom Consumer Protection Act and, among other things, it would establish labelling requirements for sellers to disclose all ingredients present in their Kratom products; ban the distribution of Kratom products containing synthetic alkaloids or other illegal substances; ensure the content of 7-hydroxymitragynine is not higher than 2%; ban the sale of Kratom to people under 18; and establish punishments for those who don't comply with the regulations of this Act.

Also introduced in January, a bill sponsored by Robert Onder (SB 765) aims at making Kratom a Schedule 1 controlled substance.

Montana

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of Montana. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

Nebraska

Legal Status: Currently legal
Current bill: No current bill
Past bills: No past bills

There has been very little attention to Kratom in the state of Nebraska and, therefore, it is legal to buy, possess and sell Kratom in the state. There are no age restrictions either and no past or present bills seem to place attention to the Southeast Asian plant in any of its forms.

Nevada

Legal status: Currently legal and regulated by the KCPA (2019)
Current Bill: No current bills to ban kratom, KCPA (Kratom Consumer Protection Act to regulate Kratom) passed in 2019 through NV AB303
Past bills: No past bills

Nevada is known for its liberal approach and laws concerning taxes and leisure, for example, it is legal to buy alcohol in bars, stores and restaurants 24/7. From such liberal laws, it's not surprising that Kratom is legal and its consumers are protected.

In June 2019, Nevada passed the Kratom Consumer Protection Act, an act advocated by the AKA (American Kratom Association) that ensures product registration, age restrictions, labeling requirements, adulteration controls, No Synthetic Alkaloids, and a Limit on 7-OH. Thanks to this, kratom quality is controlled and the sales of contaminated Kratom is punishable by law.

New Hampshire

Legal Status: Currently legal, aged regulated. illegal in Franklin City.
Current bill: SB758
Past bills: NH SB540 (2016, intended to ban Kratom but ended up only restricting it to minors). Franklin City banned Kratom in 2019.

In 2016, a bill was proposed in the state of New Hampshire. The bill intended to ban Kratom. After a session in which some people could share their testimonies concerning Kratom, and after a testimony by State Representative Shem Kellogg, who suffered from Colon Cancer and used Kratom for pain relieving purposes, the State decided to only regulate age access to the plant.

However, in 2019, the city of Franklin passed a ban on Kratom and a new 2020 bill, SB758, would ban Kratom in the whole state if passed.

New Jersey

Legal Status: Currently legal
Current bill: AB 2865 (2018, died) A2236 (2020, pending)
Past bills: NJ A4431 (2015, bill died)

Senator Ronald Dancer sponsored a bill in 2015, suggesting to ban Kratom. The bill died but since then he has reintroduced the same bill twice. The last time was in the beginning of 2020. His latest bill, A2236, is now pending and would ban Kratom if passed.

New Mexico

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of New Mexico. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

New York

Legal Status: Currently legal
Current bill: No current bills
Past bills: NY A08787 (2018, failed) NY S06924 (2018, failed) NY A00231 (2018, failed)

Several bills have been proposed in the state of New York to either ban Kratom or regulate its access. All of them have died and numerous efforts have been made by Kratom advocates to keep Kratom safe.

North Carolina

Legal Status: Currently legal, aged-regulated.
Current bill: No current bills, KCPA (Kratom Consumer Protection Act) could be reviewed.
Past bills: Intention to ban Kratom in 2016 but unsuccessful.

In 2016, a bill suggesting banning Kratom was introduced. The bill would add Kratom to the controlled substances list, thus making it illegal. After various petitions and initiatives supporting Kratom's legality, the State of New Carolina decided to keep Kratom legal but with age restrictions. Only individuals aged 18 or older can access the natural substance.

North Dakota

Legal Status: Currently legal
Current bill: No current bill
Past bills: No Past bills

Kratom in North Dakota has received a bit more attention than its neighboring states. Its popularity increased as people started trying it and reporting its positive effects for pain relieving. Its availability in brick-and-mortar stores increased as well as the critics fueled by the FDA allegations to Kratom's alleged adverse effects. In 2018, as part of the salmonella outbreak associated with Kratom, one case was found in North Dakota and that focused attention on the plant for a while. However, there are currently no pending or active bills regarding Kratom's legality.

Ohio

Legal Status: Currently legal
Current bill: HB318 (2019, KCPA pending, would regulate kratom sales)
Past bills: No past bills, Ohio Board of Pharmacy proposed to ban it in 2018

In 2018, The Ohio Board of Pharmacy recommended banning Kratom, making it a scheduled substance. As a result, the State of Ohio passed a bill that would schedule Kratom if the DEA schedules it.

In 2019, a comment period was established by the Ohio authorities where more than 1500 comments were received. On the same year, a press conference was organized by the AKA (American Kratom Association) where more than 100 people participated to share their positive Kratom stories. As a result of this activism, the State of Ohio decided to put on hold the Kratom ban.

In the same year, bill HB318 was introduced. This bill would regulate Kratom in a very similar way to the KCPA (Kratom Consumer Protection Act).

Although the KCPA in Ohio is still not fully defined, it would establish the following:

  • Age regulations.
  • Labelling requirements.
  • Licence requirements and lab testing for all Kratom sellers.
  • Punishments for those who don't comply with regulations.

Oklahoma

Legal Status: Currently legal
Current bill: HB 2846 (Oklahoma Kratom Consumer Protection Act, pending)
Past bills: OK HB2666 (Kratom was removed from the bill)

The Oklahoma Bureau of Narcotics tried to ban Kratom back in 2014 and, in fact, a bill to amend the list of scheduled substances was proposed. The bill wanted to include Kratom as one of the controlled substances.

The Bureau considered Thailand as a reference when pushing on their position about Kratom. However, they sustained Thailand banned Kratom because of its effects when the real reason Thailand banned Kratom and Cannabis in the past was its commercial interference with Opium sales.

Thanks to the mobilization of many Kratom supporters, 1000 signatures were collected and Kratom was finally removed from the bill.
Kratom is currently legal and unregulated in the state of Oklahoma. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

Daniel Pae is currently sponsoring a bill to pass the Oklahoma Kratom Consumer Protection Act, which would provide regulations concerning labelling and age restrictions.

Oregon

Legal status: Currently legal
Current Bill: SB 1005 (2019, failed. Legislators are believed to review this matter again in the future)
Past bills: SB 518 (2017, failed)

Although there were bills trying to make Kratom illegal by scheduling it as a controlled substance, they weren't successful and Kratom is currently legal in Oregon.

Oregon, however, was one of the states most affected by the salmonella outbreak of 2018. This outbreak was linked to kratom and two kratom sellers were identified to sell contaminated Kratom, Kraken Kratom and Phytoextractum.

In 2019 Karen Kratom was responsible for yet another salmonella outbreak and that encouraged another move to try and include kratom into an unrelated bill (SB1005) that would regulate its sell and labelling. Kratom was taken off the bill and it is currently still unregulated. Legislators have expressed their intention to review this decision in the future.

If Kratom was included to the bill, Kratom products would be regulated, including labeling requirements and minimum age for sale. It would require registration of Kratom products with State Department of Agriculture, it would provide civil cause of action for damages resulting from violation of kratom regulations, authorize imposition of civil penalties for certain violations, create crime of unlawful preparation, distribution, sale or offer for sale of kratom product. Punished by maximum of 30 days' imprisonment, $1,250 fine, or both. https://legiscan.com/OR/bill/SB1005/2019

Kratom can currently be bought in Oregon in corner stores, gas stations, and online. After what happened with Kraken Kratom, it is especially advisable for Kratom buyers in Oregon to find a reliable source.

Sam Chapman, a lobbyist and kratom activist in Oregon stated in 2019 that many Kratom sellers would like some kind of basic regulation and that he expects lawmakers to create a work group to come up with another bill that would be considered in 2020. Following these declarations, in 2020 HB4013 was submitted to add regulations to Kratom labelling and age restrictions.

Pennsylvania

Legal Status: Currently legal
Current bill: HR460 (Pending, urging FDA to come up with guidelines for a safe use of Kratom products)
Past bills: No past bills

HR460 was introduced in 2019. The bill urges the FDA to detail protocols and guidelines concerning Kratom usage and safety.

In 2019, Caleb Sturgis died of a heart attack while driving and Kratom was linked to his death. His family tried to push a ban on Kratom but did not succeed.

Rhode Island

Legal Status: Currently illegal
Current bill: KCPA (Kratom Consumer Protection Act) is pending.
Past bills: Kratom's main two alkaloids included in the Controlled Substances Act (2017)

In 2017, Kratom's two main alkaloids, mitragynine and 7-hydroxymitragynine, were added to the Controlled Substances Act by the Rhode Island Department of Health.

In 2019, the KCPA was proposed for Rhode Island but it did not pass.

H728 was introduced in January 2020 and it represents a new chance for the state to make Kratom legal and regulate it through KCPA.

The KCPA for Rhode Island would include, among other regulations, the following:

  • Labelling requirements regarding ingredients and purity of Kratom Products
  • Restriction on harmful ingredients
  • Mandatory testings
  • Age regulations to 18 or older
  • Limit of 2% in 7-hydroxymitragynine levels
  • Ban synthetic alkaloids
  • Establish punishments for those who don't comply with regulations

South Carolina

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

South Dakota

Legal Status: Currently legal
Current bill: No current bill
Past bills: No Past bills

Kratom is legal in the state of South Dakota. The substance is not included in any regulated substance list and therefore its access is not regulated or illegal. Citizens of South Dakota can access the plant with no age regulations as well. Since there are no regulations on Kratom labeling or sale, it's important that people in South Dakota find a reliable seller, preferably an online seller. Online sellers gain their reputation through major exposure to critics, reviews, and competition, and that's an effective way of finding a reputable seller.

Tennessee

Legal Status: Currently legal and regulated
Current bill: No current bills. KCPA (Kratom Consumer Protection Act) could be considered.
Past bills: HB1832 and SB2258 (2018, Kratom remained legal but sales were regulated)

Many synthetic substances, including synthetic Kratom, are banned in the state of Tennessee. Back in 2014, when these regulations were passed, there was quite a lot of confusion concerning the status of pure Kratom, as many states had already made mistakes when banning Kratom under the assumption that it is a synthetic drug.

Later in 2017 and 2018 it was clarified by the Attorney General of the state that pure Kratom was completely legal as long as the product complies with two basic rules.

The first one is that it can't be sold to people under 21 years of age. The second rule is that any Kratom product needs to be labeled with disclaimers that indicate that pregnant and nursing individuals, and people under 21 shouldn't consume it. It should also indicate possible interactions with alcohol and drugs and it should encourage people to consult their health specialist regarding existing conditions such as high blood pressure, liver issues or other relevant circumstances.

Texas

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of Texas. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

Utah

Legal Status: Currently legal and regulated by KCPA (2019).
Current bill: No current bills to ban kratom, KCPA (Kratom Consumer Protection Act to regulate Kratom) passed in 2019.
Past bills: UT HB0110 passed but Kratom was taken out of it.

UT HB0110 was passed in 2017 and it suggested an amending of the list of controlled substances, Kratom being part of it. However, right before it was passed, Kratom was taken out of it.

After that, Utah was the first state in the US to ever regulate Kratom by passing the Kratom Customer Protection Act in March 2019. This was the origin of the KCPA and it was later followed by neighboring states such as Arizona and Nevada.

Kratom is sold in smoke and vape stores in Utah's main cities.

Vermont

Legal Status: Currently Illegal
Current bill: No current bills
Past bills: Kratom's main two alkaloids are considered controlled substances and included in the regulated drugs list.

The state of Vermont added Kratom's main two alkaloids, 7-hydroxymitragynine and mitragynine, to its list of regulated drugs, making Kratom illegal statewide. Both alkaloids were included under the category of hallucinogenic substances and synthetic cannabinoids, which is not accurate.

Rep. Brian Cina proposed a bill in January 2020, H.878 that would decriminalize Kratom among other substances.

The proposed bill suggests that these substances are commonly used by many people with medicinal, espiritual, religious or entheogenic purposes.

If the bill passes next July 1st, substances like psilocybin, ayahuasca, peyote and kratom would no longer be controlled substances. At this moment, these are all under the same category as ecstasy or methamphetamine.

Although this is seen as a good step by Kratom defenders and Cina has three co-sponsors for this piece of legislation, many believe this bill is bound to fail due to the democratic majority in the assembly, the Senate, and the House as well as Vermont's democratic governor Phil Scott.


Virginia

Legal Status: Currently legal.
Current bill: No current bills, KCPA (Kratom Consumer Protection Act) could be reviewed.
Past bills: Intention to ban Kratom in 2016 but unsuccessful.

In January 2020, bill HJR39 was introduced in the state of Virginia. The bill asks the Virginia Board of Pharmacy to carry out a study on Kratom to decide if its main alkaloids should be banned.

Washington

Legal status: Currently legal
Current Bill: No current bills
Past bills: No past bills

There is no past or current bills regarding Kratom in Washington State. Kratom has received support on social media and through rallies during the last few years and there hasn't been much legal action going on regarding attempts to ban it or regulate it.

Washington D.C.

Legal Status: Currently legal
Current bill: No current bills
Past bills: One of Kratom's alkaloids was included in the controlled substances list in 2016 but then taken out in 2018.

West Virginia

Legal Status: Currently legal
Current bill: No current bills
Past bills: WV SB2 (2018, bill died)

The Senate of West Virginia reviewed a Kratom bill in 2018. This bill suggested adding Kratom's main two alkaloids, 7-hydroxymitragynine and mitragynine, to the controlled substances list as Schedule I drugs. The bill died and thus kratom is still legal in West Virginia.

Wisconsin

Legal Status: Illegal (2014, as per WI SB325)
Current bill: No current bills but KCPA (Kratom Consumer Protection Act) might be reviewed.
Past bills: WI SB325 (2014, Included Kratom in the controlled substances list)

In 2013, a bill suggested adding the two main alkaloids in Kratom to the controlled substances list. The bill passed in 2014 and Kratom was added as a stimulant in Schedule I of the Wisconsin controlled substances act.

In October 2019, a hearing about kratom was held by the Wisconsin State Health Committee where the American Kratom Association together with Dr. Jack Henningfield and Utah Senator Curt Bramble gave evidence in favor of a Kratom Consumer Protection Act in the State of Wisconsin.

The positive outcome of the hearing brings the state closer to a potential KCPA bill in the near future.

Wyoming

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of Wyoming. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

46 thoughts on “Kratom Legality”

  1. It is disturbing that BIG PHARMA and the FDA are trying to hijack Kratom so that they can force people to use their synthetic pain meds that don’t offer 1/4 of the benefit but 110% negative side affects. If the US Government allows this it’s just another example that the Government isn’t for us but for the BIG BUSINESSES and their PROFITS. All positive relief with ZERO psychotropic effect. Rx’s left me stoned these do not! I can actually get out of bed and function trying to survive the chronic pain from autoimmune diseases.

  2. Just a quick update for Tennessee: Under the Attorney Generals’ interpretation of our label law, kratom leaf and leaf powder products, are permissible for sale to those 21 and over with proper labeling. No extracts, gummies, etc.

    For this reason, we were able to open a 100% kratom-dedicated retail store here in Memphis.

  3. Christopher Webber

    Because it’s easier to blame an inanimate object rather than hold a person accountable for his own actions, irresponsibility, and immaturity, you suggest the government takes away yet another freedom from the remainder of the population?

    People like you are why this county has become the joke it is today. Kratom, alone, has killed no one, nor has it been responsible for any significant, recorded adverse medical events. It is also impossible (this may be debatable) to consume a lethal dose of organic kratom (NOT “extracts” and other synthetic products – we’re talking natural kratom). I think the LD50 in animals was such that a person taking the equivalent amount would require more than 90 g of kratom im one sitting.

    Judging by the lack of intelligence and ignorance conveyed by your comment, you will probably want to Google “LD50,” but, in short, kratom is nowhere near the villain the FDA portrays – no matter how many fake reports they disseminate.

    Maybe you can humor us – what empirical evidence do you have that your “loved one’s” issues were caused by kratom? I hate to break it to you, but it sounds like he/she is abusing real drugs -not kratom. Do you even know what the Socratic method is?

    The fact that there are people like this – who essentially beg our government to make their decisions for them due to a lack of ability to govern themselves – is terrifying. I’ll hate to see the condition this country is in even 10 years from now.

  4. This WONDERFUL plant based substance is nothing more than an addiction waiting. This has totally taken over my loved one and made him into an absolute horrific mess. It has robbed him of the honest and decent man he was. He has put his life and family on the line for this deceitful substance. The promise of making you feel good does nothing but increase your need to use more…the constant chase of feeling “good.” This substance is a lie and just another way to ruin your life. This should be banned everywhere…and there is a reason why several countries and states have chosen to do so….keep making excuses and looking for that miracle drug that does not exist…
    Such a sad excuse and a complete disgrace to see this sold in attempt to improve ones life…
    This ruins ones relationships, morals and overall meaning in life…
    Addiction is sad…it takes away ones love of life.

    1. Why would you simply assume that your loved one is a representation of all kratom users? Why should everyone be denied kratom because your loved one is a disaster? And if you think kratom is the sole source of his despair, then you are in denial. Stop posting doomsday comments and let people make their own choices regarding what’s best for them. It is clear that the effects of kratom on people in opiate withdrawal are overwhelmingly positive. So pipe down and let people live life on their own terms. I truly hope your loved one can find meaning in his life again. Kratom is the main reason I was able to rediscover meaning in my own life.

      1. This couldn’t be more wrong. Kratom has been a saving grace. I have debilitating pain from multiple auto immune diseases including AS and Lupus. The pain is excruciating and there are days I can’t stand or walk. I found Kratom and finally can get relief. I do not use it every day as anything has the potential to become dependent or tolerant. Ambien stopped working years ago. There are people with chronic illness who DO NOT ABUSE their medications. People who are using substances for recreational use or that have addiction issues aren’t the same as those of us desperate to find pain relief. Cannibis is another example Ive never abused it, though use it to sleep. Some people find cannabis addictive others have NO issues. The issue is with those who have addictive personalities going out and abusing substances. Your brother has the issues, not the Kratom. Had it been used properly and for the right reasons it’s an amazing plant.

  5. I’ve been taking Kratom every morning for anxiety. Works much been than CBD. I quit about 6 months into it and felt no withdrawals. I’m down with it. Give me a bit of pep and a feeling of well being. I’m a former junkie that is sober 32 years. I’m 65 now and it’s great to find something that actually works. $150 500mg capsules for $30. Need I say more?

    1. Thanks Billy. I have just started using Kratom. I am also clean & sober 28 yrs. 65 years old. I’m looking for some relief for the pain from major
      injures from the past. A beginner again. Lisa

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