Kratom laws in the US are not consistent and can change at any time. So let’s cover the recent activity and bring you up to date in your area.
Overall Status of Kratom
Is kratom legal in the US? The answer is still yes, with exceptions.
The DEA and FDA have tried to make kratom a controlled substance for years. While these attempts have failed, they have encouraged some states to enact laws against kratom.
Let’s take a look at what has occurred recently on the federal and state level.
Federal And State Action
The Federal Kratom Consumer Protection Act (KCPA) is intended to protect the consumer from adulterated products and protect the kratom market from being over-regulated. State versions of the KCPA help keep kratom legal in many areas around the country. Let’s examine how federal and state versions may affect kratom laws and your access to green, red, or white kratom products in your state.
Federal Kratom Legislation
Kratom advocates in the US Congress have worked hard to apply common sense regulations to kratom products. In October of 2023 two bills, House Bill HR5905 and Senate Bill S3039, brought the Federal KCPA into the legislative process, thanks to the work of Representatives Mark Pocan of Wisconsin and Jack Bergman of Michigan, and Senator Mike Lee of Utah.
These bills could make a national change to kratom laws in the US and protect consumers and sellers from dealing with unpredictable regulations.
Both bills currently sit in committees.
State Kratom Legislation
Most of the legislative action concerning kratom has taken place in the six states where kratom is illegal: Alabama, Arkansas, Indiana, Vermont, Rhode Island, and Wisconsin.
Alabama
Kratom was banned in 2016 when Governor Robert J. Bentley signed bill SB226, which made mitragynine and 7-hydroxymitragynine, the active alkaloids in kratom, illegal. A compromise, changing the law to make kratom legal for adults 19 and older, was defeated. Kratom’s status in Alabama remains unchanged.
Arkansas
Arkansas placed kratom on Schedule I in 2016, making it illegal. You could get 20 years of prison time for 28 grams of any kratom strains in Arkansas.
A glimmer of hope appeared recently when state legislators presented the Arkansas KCPA as a bill for an interim study. This document is essentially a state version of the Federal Kratom Consumer Protection Act that would affect laws governing kratom.
To date, there has been no progress on turning this document into an official bill.
Indiana
Indiana banned kratom in 2014 by claiming (incorrectly) that mitragynine and 7-hydroxymitragynine are synthetic substances that meet Schedule I standards. The penalty for kratom possession, sale, or use in Indiana is the same as that for other controlled substances.
House Bill 1500, introduced in 2023, redefined kratom as a food or dietary supplement. It died in committee, leaving the legal status of kratom laws in Indiana unchanged.
Vermont
Kratom has been illegal in Vermont since 2016. Attempts to roll back this prohibition have been attempted and failed. The most recent occurred in 2023.
Bill H0425 was introduced in February to the House, and bill S0128 to the Vermont State Senate in March 2024. These bills defined a KCPA for Vermont, and if signed into law would reverse the ban on kratom.
Both bills were sent to committees, where they remain. Whether or not they will affect kratom laws in the US State of Vermont remains to be seen.
Rhode Island
Kratom was made illegal in RI in 2017. Recent attempts have been made to lift this ban.
In January of 2024, The Rhode Island KCPA was introduced to the state senate and house in separate bills. Both passed, and kratom enthusiasts who thought they’d never be able to order kratom extracts or other products online again in Rhode Island felt optimistic. Their hopes were dashed when Rhode Island Governor Daniel McKee chose to veto this legislation.
Kratom laws remain unchanged in Rhode Island.
Wisconsin
Kratom has been illegal in Wisconsin since 2014, but two recent bills sought to change that.
AB393 and SB445 were introduced to the assembly in 2023 with the intent of removing kratom from Schedule I, treating it as a food or dietary supplement (with limitations), and overturning criminal penalties.
Both bills failed to pass and had no effect on kratom laws in the US State of Wisconsin.
Kratom Legislation In Other States
The following states have recently introduced kratom legislation.
North Carolina
You can still find kratom capsules for sale in North Carolina, and other kratom products, but that may change with House Bill 563. The bill applies regulations to hemp products and adds kratom to Schedule I. It would ban kratom in North Carolina.
H563 is currently in the North Carolina House Committee on Rules, Calendar, and Operation of the House for further amendments. Kratom advocates have started a petition to halt this bill.
California
Kratom laws differ in California depending on where you live. San Diego, Oceanside, and recently Newport Beach, have banned kratom, but it is legal in other areas. Assembly Bill 2365 could change that.
AB2365 would apply regulations to kratom and limit sales to adults 21 or older. This may help lift bans in some cities and prevent others from considering ill-advised prohibitions that are not based on scientific evidence.
As of June 2024, the bill is under amendment and its disposition remains unclear.
Mississippi
Kratom is legal on the state level but there are many local bans in Mississippi. There were recent attempts to enact a state KCPA in 2024 with Senate Bills SB2588 and SB2589, and attempts to ban kratom with House Bill HB364. These bills died in committee.
It is currently not against the law to buy kratom in the US State of Mississippi. However, more than two dozen counties and cities in Mississippi ban kratom, so check with your local authorities to be sure.
Louisiana
Kratom is not legal for minors in Louisiana. It is banned in Ascension and Rapides parishes, and may be prohibited in some smaller towns. Attempts to enact a Louisiana KCPA in 2023 died in committee, along with attempts to schedule kratom as Class I.
Virginia
In 2023 Senate Bill SB1108 made kratom a regulated product for adults 21 and older and stipulated the labeling of kratom products. Kratom remains legal in Virginia, but things may change if kratom opponents get their way.
A petition to move kratom to Schedule I, making kratom against the law, made the rounds in April 2024. It was dropped in June with a recommendation for no action but may be reviewed again in the future.
Florida
Except for Sarasota County, kratom is legal in Florida.
The Sarasota ban could be changed by enacting the Florida KCPA. Senate Bill 842 would have done that by making kratom subject to laws governing food and dietary supplements, which would align Florida with other states with similar kratom laws in the US.
The bill was killed by the Senate Appropriations Committee on Agriculture, Environment, and General Government in January 2023.
Maryland
Earlier this year in February HB1229, the Maryland KCPA, was introduced to the general assembly. It passed the legislative process and was signed into law by Governor Wes Moore in April. It makes kratom available to adults 21 years of age and older and applies safety regulations like accurate labeling. It takes effect in October 2024.
Kentucky
Kentucky passed its state version of the KCPA in 2024 with House Bill 293, An Act Relating to Kratom. This legislation acknowledges the supremacy of federal laws governing kratom in the US, limits sales to adults 21 and older, and mandates labeling, testing, and other regulations that protect consumers. It was signed into law in April by Governor Andrew Beshear.
Montana
Kratom is legal in Montana but its position is not secure. As recently as 2023 kratom opponents attempted a ban with House Bill HB437. The bill would have made kratom a Schedule I controlled substance. While it was defeated, consumers in Montana should stay alert for another attempt to change kratom laws in their state.
Nebraska
If Nebraska kratom users want to continue to enjoy legal access to kratom, they should be aware of bill LB972. This bill appeared in January 2024 and was aimed at turning kratom users into criminals by making mitragynine a Schedule I drug. As of April 2024, it is listed as “indefinitely postponed” in the legislature, leaving the future of kratom access in Nebraska difficult to predict.
How You Can Help
As you can tell by the actions taken in 2023 and 2024 to date, the status of kratom laws in the US and in your state may change at any time.
You can help protect your right to buy kratom online or locally by becoming a kratom advocate. If you live in an area that may have kratom legislation pending, contact your local representatives using email, phone calls, and writing letters (yes, the old-fashioned kind). You can find more information and ways to advocate for kratom at the Kratom Trade Association, the American Kratom Association, and ProtectKratom.org.