Kratom, a natural herb native to Southeast Asia, has been consumed in the region for centuries, owing to its potential benefits for users’ overall well-being. In recent years, prominent global markets such as the United States have also joined the league and widely adopted kratom as a reliable supplement to support overall energy and balance.
Despite its unparalleled popularity, the eternal debate “Is Kratom legal in the US?” remains a hot topic, and there is hardly any comprehensive law to address it. In this blog, Happy Go Leafy has clarified the legality of Kratom by state so that readers can make an informed decision about purchasing and using it within the US.
What is Kratom?
Kratom, or Mitragyna Speciosa, is a tropical plant initially grown in the wild forests of Southeast Asian countries such as Indonesia, Thailand, Myanmar, and Papua New Guinea. The plant’s genesis is derived from the coffee family, and Asians have been known to consume its crushed leaves for centuries by mixing them with their daily tea, coffee, and other hot beverages. Mitragynine, the primary alkaloid in the leaves, promotes peace, calm, and relaxation, leading to a powerful yet content and balanced lifestyle.
Is Kratom Legal Near Me?
The use and sale of kratom are legal in the United States at the federal level. However, no specific central law regulates its production, sale, distribution, or possession. As a result, regulation is left largely to individual states, leading to a patchwork of laws that vary widely across the country.
Nevertheless, many American citizens have reported using kratom to enhance their overall physical and mental wellness.
Additionally, several U.S. states have set up their own laws that regulate the use of kratom within their territories. For instance, Georgia, Illinois, and West Virginia prohibit Kratom possession by underage persons and only allow its use for persons above 21 years of age.
Similarly, Arizona prohibits the sale of Kratom products adulterated with “non-Kratom” products to a certain extent. Other states, such as Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, have banned the trade and possession of kratom under their respective state laws. So, in answering the question “Is Kratom legal in the US?” the state of residence may play a crucial role; therefore, it is recommended to check local laws before buying Kratom near you.
Understanding the Regulations and Laws of Kratom
In the absence of a well-structured and comprehensive federal regulatory framework on the usage and possession of kratom, states have adopted their own laws.
The advocacy group American Kratom Association (AKA) has made a major contribution to its efforts. In 2019, it introduced the Kratom Consumer Protection Act (KCPA), a model law on kratom that most states adopted either as it is or with certain modifications. The act primarily contained provisions regarding quality checks, labeling, and age limits for users to consume Kratom.
Utah was the first state to pass the KPCA Act in 2019. Later, several other states, such as Arizona, Georgia, Illinois, Minnesota, Nevada, Oklahoma, and Texas, joined the league.
All other US states have legalized or regulated Kratom’s use by adopting their respective versions of KCPA, except for Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. The complete list of kratom’s legality by state below offers more clarity.
Kratom Legality with State
Here’s a brief look at Kratom’s legality in different US states and counties:
California
Kratom is legal in California, except in the cities of San Diego and Oceanside, CA, where it has been banned for years.
Florida
Legal for sale to persons above 21 years, except in Sarasota County, where it’s been banned since January 2024. Kratom regulations in Florida are defined in the KCPA.
Arizona
Legal for sale to persons above 21 years. Regulations defined in the KCPA.
Illinois
Except for in Jerseyville, it is legal to sell to persons of age above 21 years.
Indiana
Kratom is illegal to produce, sell, and possess.
New Jersey
There is no specific law currently restricting the sale, purchase, or possession of kratom. However, these aspects may be regulated in the long term.
Washington
Kratom is legal for sale, purchase, and possession in Washington.
North Carolina
The sale, purchase, and use of Kratom are not regulated under any specific law, and hence, Kratom is legal in North Carolina.
Ohio
Kratom is legal in Ohio for sale, purchase, and possession but may be regulated in the future.
Oregon
Kratom is legal in Oregon for sale, purchase, and possession by natives aged above 21 years.
Texas
Kratom sale, purchase, and possession are legal in Texas for persons above 21 years of age. The KCPA regulates these provisions.
New York
Selling and buying Kratom is legal in New York and not currently regulated by any specific law.
Georgia
Kratom use is legal in Georgia above the age of 21 years and is subject to the provisions mentioned in the KCPA.
Alabama
Kratom is classified as a Schedule I controlled substance and is hence prohibited for sale, purchase, and use in Alabama.
Colorado
Kratom is legal in Colorado for sale, purchase, and possession above 21 years of age.
Connecticut
No specific law regulates the sale, purchase, and use of Kratom, and it is, hence, legal in Connecticut.
Delaware
The sale, purchase, and use of Kratom are legal in Delaware without being regulated under any specific law.
Iowa
Kratom sale, purchase, and possession are currently legal in Iowa without any restrictions but may be regulated in the future.
Hawaii
Kratom is legal in Hawaii. Currently, no state laws prohibit its sale, possession, or use.
Kansas
Kratom is entirely legal for sale, use, and purchase in Kansas without being regulated by any specific law.
Kentucky
Kratom is legal in Kentucky for sale, purchase, and use by persons above 21 years of age, subject to the regulations under the Kratom Consumer Protection Act (KCPA).
Louisiana
Kratom’s use, sale, and purchase in Louisiana are permitted under stringent restrictions, such as none of it can be sold to persons under 21 years of age, with local authorities having the power to prohibit its use altogether.
Maryland
Kratom is legal in Maryland for sale to and use by persons above 21 years of age, subject to regulations under the recently passed Kratom Consumer Protection Act (KCPA).
Massachusetts
Kratom is legal in Massachusetts for those above 21 years of age, subject to regulations under House Bill 3762, akin to the federal Kratom Consumer Protection Act (KCPA).
Michigan
Currently, Kratom’s sale and use are not regulated by any specific law and are permitted for persons above the age of 21 years in Michigan.
Minnesota
Legal in Minnesota, Kratom can be sold to and possessed by only those above 21 years of age, subject to regulations under House Bill 1066.
Mississippi
There’s no law at the state level that prohibits the sale and distribution of Kratom. However, Union County has completely prohibited its trade within local boundaries.
Missouri
Currently, Kratom is legal, and there’s no specific law to regulate its sale, distribution, and use.
Montana
Kratom use and sale are legal and unregulated under any specific state law.
Nevada
Kratom can be legally sold to and used by persons above 21 years of age, subject to regulation under the Kratom Consumer Protection Act (KCPA).
New Hampshire
Kratom can be legally sold and used, except in Franklin City.
New Mexico
Kratom can be legally sold and possessed without any regulations under specific state laws.
Pennsylvania
Kratom is legal for sale in Pennsylvania only to persons above 21 years of age, subject to regulations under the Kratom Consumer Protection Act (KCPA).
South Carolina
Kratom is legal for sale and use without any restrictions under specific state laws.
Tennessee
Kratom is legal for sale and use in Tennessee by persons above 21 years of age; however, kratom in extract form is illegal to use.
Virginia
According to the Kratom Consumer Protection Act (KCPA), Kratom is legal for sale and use in Virginia only to persons above 21 years of age.
Wisconsin
Wisconsin is among the few states in the US where Kratom is illegal for sale and use.
Is Kratom Legal In Other Countries?
The use and sale of Kratom across the globe can be categorized into unregulated, controlled via specific regulations, and completely prohibited. Major regions where Kratom has been found to be widely used are Europe, the United States, and Southeast Asia.
Among the major European nations where Kratom has been legalized entirely are Germany, the Czech Republic, Hungary, Austria, Spain, the Netherlands, Albania, and Greece. Besides, its use remains legal but controlled in England, Belgium, and Portugal. Most Eastern European countries, along with France, Italy, and Switzerland in the Western region, have prohibited the use and sale of Kratom.
Several nations in Southeast Asia, where Kratom originated, have also prohibited its use and sale. These countries include Myanmar, Malaysia, Singapore, South Korea, Thailand, and Vietnam.
However, despite prohibitions, the substance has been reported to have been widely used in these countries for centuries, owing to its potential impact on the well-being of the general public.
Conclusion
Whether you’re a regular kratom user or just started consuming the natural supplement for your wellness needs, “Is kratom legal?” would be the first question that would come up in your mind. Kratom is legal in the US at the federal level.
However, its use and production are not regulated by any federal law. States have drafted their own laws to address kratom’s widespread popularity.
While some states, like Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, have completely prohibited kratom’s use and trade within their territories, most of them have given it a green signal subject to a few restrictions regarding the legal age of consumption, kratom packaging, and kratom product composition.
The legality of Kratom is still evolving, and it’s essential to stay informed and updated with the current legal landscape as a kratom user for responsible usage.