United States

Legality of Kratom in the United States

Key Takeaway: In general, the use and possession of kratom are legal in the US. But there are no federal regulations on kratom in the United States, each state has their own rules. Therefore, kratom may be legal, illegal or in the process of being regulated or banned, depending on different states.

States where Kratom is Legal:

CaliforniaKratom is legalized except in San Diego, where there is a local ordinance.
FloridaIt is legal to use kratom, except in Sarasota County
IllinoisIt is legal except in Jerseyville; restriction on sale to those under 18 years of age.
New HampshireLegalized for those above 18 years old
TennesseeKratom in plain leaf form is legal for those over 21,
ColoradoIt is legal to sell and purchase kratom as long as it’s not intended for human consumption.
UtahIn March 2019, Utah signed the Kratom Consumer Protection Act. First state to regulate kratom.
GeorgiaIn April 2019, Georgia signed the Kratom Consumer Protection Act. Restricting sale to minors and adding labelling requirements.
ArizonaIn May 2019, Arizona signed the Kratom Consumer Protection Act. Restricting sale to minors and adding labelling requirements.

In the remaining states of Alaska, Connecticut, Delaware, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Virginia, West Virginia and Wyoming it is legal to consume, purchase and sell kratom. However, the legality surrounding kratom is constantly changing. We will continue to monitor the legality of different states on this page.

States where Kratom is NOT Legal:

AlabamaAs of May 10, 2016, Kratom was listed as a Schedule 1 controlled substance. It is illegal to use, purchase or possess kratom.
ArkansasListed as a controlled substance. It is illegal to use, purchase or possess kratom.
IndianaListed as a synthetic drug. It is illegal to use, purchase or possess kratom.
WisconsinListed as a Schedule 1 drug. It is illegal to use, purchase or possess kratom.
VermontListed as a controlled substance. It is illegal to use, purchase or possess kratom.
WashingtonKratom is banned by resolution on December 12, 2016.  Advocacy and education efforts are underway with regulators.
Rhode IslandKratom is banned; however, there is pending legislation that may reverse the kratom ban and make it legal and regulated from September 1, 2019.

Legality concerns and uncertainty: Various enforcement agencies in the country have a lot of concern with the legal status of kratom in the country.

In August 2016, the DEA proposed the listing of kratom as a schedule 1 drug, the same category as heroin, LSD, ecstasy, and cocaine, due to its opiate-like effects in the body. This would mean that it was completely banned. However, the proposition was removed in October, the same year.

The Food and Drug Administration (FDA), also issued a health warning on kratom, claiming it had “potential deadly risks.” This was backed by a total of 36 deaths in the country, which had no substantial evidence. In fact, scientists and researchers have challenged the FDA’s claims as “misleading” and “junk science“.

[Latest update: July, 2019]

If you notice a recent change in legality that we have not included yet, please contact us and let us know. Or simply leave a comment. We’d highly appreciate it.

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