Is Kratom Legal Where I Live? Legality by State (2024)
To answer these questions, this guide will help you find the answers and other important information regarding kratom legality by state and country.
Table of Contents
- What Is Kratom
- What is the Kratom Consumer Protection Act(KCPA)?
- Kratom Legality In 2024: Is Kratom Legal In My State?
- Kratom Regulations regarding Kratom Consumer Protection Act (KCPA)
- Kratom Legality In 2024: Is Kratom Legal In My Country?
- Final Thoughts
What Is Kratom
Mitragyna speciosa, commonly known as kratom, is an herbal leaf from a tree of the Rubiaceae family. This tropical evergreen tree, native to Southeast Asia, is best known for its traditional use in countries like Cambodia, Thailand, Indonesia, Malaysia, Myanmar, and Papua New Guinea. Since at least the 19th century, kratom has been an integral part of daily life in these regions. Historically, the best kratom has been consumed by chewing and brewing it as tea.
What happens when you use kratom daily?
Energy level Boost
For those seeking a natural energy surge, kratom is an outstanding choice. This strain is celebrated for its ability to amplify alertness and drive. Kratom delivers a smoother, more sustained energy flow, making it perfect for individuals who need to maintain productivity and concentration throughout the day.
State of Alertness
As known for its cognitive-enhancing properties, Kratom helps users improve focus and mental clarity. This unique strain allows users to tackle tasks more efficiently by promoting a sense of calmness and relaxation, making it a popular choice for enhancing focus. This potent strain promotes a state of alertness, reducing distractions and helping users concentrate on the task at hand.
Mood Enhancement
Kratom is highly valued for its mood-enhancing properties. It promotes feelings of positivity and relaxation, making it an excellent choice for unwinding after a long, exhausting day. it helps foster a sense of well-being and emotional balance.
May Help in Headache and Pain Relief
Kratom is not only known for its stimulating properties but also for providing pain relief. This strain helps alleviate discomfort from headaches or muscle aches, making it a versatile option for those seeking both energy and relief. These dual benefits allow users to engage in their daily activities with a more positive approach, enabling them to enjoy life without being affected by physical discomfort.
Overall Well-Being
Kratom promotes balanced effects, enhancing energy, focus, and mood, contributing to physical and mental well-being. The holistic benefits of kratom make it a valuable addition to anyone’s wellness. This strain supports a harmonious state of mind and body, allowing users to experience a greater sense of fulfilment and vitality in their daily lives.
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What is the Kratom Consumer Protection Act(KCPA)?
The Kratom Consumer Protection Act (KCPA) is primarily a U.S.-based legislative initiative aimed at regulating the kratom industry to ensure consumer safety and to make kratom legal in the United States. This showcases the path towards kratom legality by state.
Set guidelines for the manufacturing, distribution, sale, and labelling of kratom products, prohibiting the sale of adulterated or contaminated kratom and setting age restrictions for purchase. In the USA, states where kratom is legal and have passed the KCPA include Georgia, Arizona, Nevada, and Utah. Only a few have kratom legal status.
However, Southeast Asian countries do not have their own Kratom Consumer Protection Act (KCPA). Each country regulates kratom’s trade, sale, consumption, and possession differently. Hence there is no action plan similar to the KCPA; however, Southeast Asian countries have their own set of laws and provisions to regulate kratom and its products. Here’s an overview of kratom’s legal status in different Southeast Asian countries:
- Thailand: Kratom was decriminalized under the Narcotics Act. The Kratom Plant Act B.E. 2565, effective August 2022, regulates its trade, sale, consumption, and export.
- Malaysia: Kratom is illegal under the Poisons Act 1952. Possession and sale incur severe penalties, reflecting the country’s stringent stance.
- Myanmar: Kratom is banned under the 1993 Narcotic Drugs and Psychotropic Substances Law. The country enforces strict regulations against its possession, sale, and use.
- Cambodia: Kratom is not widely regulated, but its use is generally discouraged. There are no specific laws addressing kratom, leading to a grey area in its legal status.
- Indonesia: Kratom is legal but faces potential future regulation. The government has considered banning kratom exports by 2024 due to concerns over its safety and potential for abuse.
- Papua New Guinea: Kratom is legal and not specifically regulated. Its use is relatively uncommon, and there are no significant legal restrictions on its trade or consumption.
Kratom Legality In 2024: Is Kratom Legal In My State?
Find out whether Kratom is banned, legalized, or legal but with few local jurisdiction bans in your state.
List of States Where Kratom Is Currently Banned
Kratom legality by state 2024 in USA
List of States Where Kratom Is Currently Banned As of 2024, kratom is banned in several states across the United States due to concerns about its safety and potential for abuse. Few states where kratom has been banned completely since 2014.
1. Alabama
Banned since May 2016, kratom is classified as a Schedule I controlled substance
Here Is Know Why - Alabama Gov. Bentley signs bill that effectively bans Kratom
On August 31, 2016, the DEA announced plans to temporarily classify mitragynine and 7-HMG as Schedule I substances under the Controlled Substances Act, citing imminent public safety hazards. Before this, kratom was regulated as an herbal product and was legal in most of the U.S. under FDA and DEA policies.
2. Arkansas
Ashdown police warning citizens that ‘Kratom’ is illegal in Arkansas
Here Is Know Why - Ashdown police warning citizens that ‘Kratom’ is illegal in Arkansas
The Ashdown Police Department has seen an increase in the number of people in possession of an illegal substance known as Kratom.
According to APD, Kratom, which is also called Mitragyna Speciosa, is a schedule 1 controlled substance which makes it a felony offence to possess it in the state of Arkansas.
3. Indiana
Kratom is classified as a synthetic drug and is banned under state law.
Here is Know Why - Kratom — an herbal painkiller — could become legal again in Indiana.
Kratom was legal in Indiana until 2014 when state lawmakers banned the substance in anticipation of similar action at the federal level. The U.S. Food and Drug Administration (FDA) has failed to outlaw kratom, despite numerous attempts.
In Indiana, kratom is currently listed as a Schedule 1 narcotic — the same as heroin or cocaine.
4. Rhode Island
Kratom is banned, with legislation classifying it as a controlled substance.
Here is Know Why- The DEA Changes Its Mind on Kratom
In 2016, the DEA announced plans to classify kratom’s active compounds, mitragynine and 7-HMG, as Schedule I substances under the Controlled Substances Act, citing imminent public safety hazards. This move was met with significant public backlash, leading to a reversal of the decision.
5. Vermont
Kratom is banned, with the state classifying its active compounds as controlled substances
Here Is Know Why - Why is Kratom Illegal in Vermont?
Kratom is currently illegal in the state of Vermont. Back in 2016, Vermont legislators voted to add the two primary active compounds found in the kratom plant to the state’s controlled substances list. These two alkaloids, mitragynine, and 7-hydroxymitragynine, were effectively banned by classifying them as Schedule I prohibited drugs. This same classification includes synthetic cannabinoids, hallucinogens, and other illegal substances.
In 2023, a bill called Senate Bill S.128 was introduced and is a new attempt at the Vermont Kratom Consumer Protection Act. Introduced by a group of Vermont Senators, Senate Bill S.128 seeks to provide a legal and regulated framework for consumer access to kratom products in the state. Currently referred to the Senate Health and Welfare Committee for review.
6. Wisconsin
Kratom is banned under state law, with strict penalties for possession and sale
Here Is Know Why - Is Kratom Legal in Wisconsin in 2024?
Since April 2014, Kratom has been banned and classified as a Schedule I controlled substance. Former Wisconsin Secretary of Agriculture, Trade and Consumer Protection Sheila Harsdorf submitted Senate Bill 325. That bill banned Kratom and classified it as a “designer drug,” linking it to substances like bath salts and synthetic marijuana. However, when the bill passed, it was amended to classify it as a Schedule I controlled substance (in the same class as heroin, ecstasy and cocaine). Penalties for possessing Kratom or intending to sell or purchase Kratom are felony charges.
Kratom legal status Europe
Regions in Europe where kratom has been banned since 2017.
List of Local Jurisdictions With Some Bans
Legality Status in the United States of America with Local Jurisdiction
List of states where Kratom is currently legal but controlled through some laws and policies through local jurisdiction to put some bans.
Kratom Legality in the United States (2024)
Kratom legal status Europe with local jurisdiction
Even in European countries where kratom is generally legal, some local jurisdictions have imposed bans. Notable examples like
List of States Where Kratom Is Approved. Passed by Kratom Consumer Protection Act (KCPA)
As of now 2024, states in the USA have passed the Kratom Consumer Protection Act (KCPA), ensuring regulated and safe kratom products.
States where kratom is legal in USA
- Georgia
- Arizona
- Nevada
- Utah
- Oregon
- Colorado
- Oklahoma
- West Virginia
- Virginia
Kratom Regulations regarding Kratom Consumer Protection Act (KCPA)
As of the date of this Sidebar, sixteen states regulate the sale of kratom products in some fashion. Some states have adopted versions of a model law proposed by kratom advocacy groups, but these state laws are not uniform. Their differences arise in their handling of particular issues relating to kratom products, as described below.
Age restriction
Arizona, Georgia, Illinois, Minnesota, Nevada, Oklahoma, Texas, and Utah ban sales to persons under 18 years of age. Colorado, Florida, Louisiana, Oregon, South Dakota, Tennessee, Virginia, and West Virginia ban sales to persons under 21. Georgia, Illinois, Minnesota, South Dakota, Tennessee, and West Virginia also ban possession by underage persons. West Virginia imposes a separate requirement that websites and remote sellers employ an age-verification mechanism.
Marketing to children
Utah prohibits flavoring or packaging that appeals to children and requires child-safe packaging. West Virginia’s recently adopted law requires the commissioner of agriculture to develop similar standards.
Adulteration and contamination
Arizona prohibits the sale of a kratom product adulterated with a “non-kratom substance” that affects the quality or strength of the product “to such a degree as to render the kratom product injurious to a consumer.” Nevada, Oklahoma, Texas, and Utah have similar prohibitions. Effective July 1, 2024, Colorado will prohibit the sale of kratom products “adulterated with fentanyl” or other substances controlled under state law. Arizona, Oklahoma, Texas, and Utah separately prohibit the sale of kratom products contaminated with dangerous or deleterious non-kratom substances.
Strength
Arizona, Oklahoma, Texas, and Utah prohibit the sale of products in which 7-hydroxymitragynine is greater than 2% of the total alkaloid content.
Testing and sampling
Oklahoma law requires kratom vendors to provide, upon request of the State Department of Health, test results from a “United States-based testing facility” confirming the items on the label. Oregon requires third-party testing for microbiological contaminants, pesticides, solvents, heavy metals, and mycotoxins.
Utah requires a certificate of analysis from a certified third-party laboratory indicating the results of testing for alkaloid content and levels of pathogens and specified heavy metals.
The state periodically tests kratom products to confirm those certificates of analysis and may test for pesticides, fentanyl derivatives, cannabinoids, cocaine, and benzodiazepines. West Virginia requires sampling and testing of kratom “to determine purity levels.”
Registration and permitting
Oregon and Utah require kratom sellers to register with state agencies. West Virginia requires kratom sellers to obtain state permits.
Synthetic alkaloids
Colorado, Florida, Illinois, Louisiana, Minnesota, Nevada, and South Dakota apply their laws regulating kratom sales to both natural and synthetic products. Arizona, Texas, Oklahoma, and Utah use definitions of “kratom” that do not include synthetic kratom alkaloids, but each state prohibits the sale of any kratom product adulterated with synthetic compounds. Tennessee prohibits the sale of kratom except “in its natural form.” Virginia’s kratom law applies to “extracts” of Mitragyna speciosa.
Local authority
Colorado and Louisiana explicitly allow localities to adopt stricter controls on kratom or to ban kratom completely but do not allow localities to permit sales to persons under 21 years of age. Florida’s kratom law does not address localities, but at least one county bans the sale of kratom as a “designer drug.”
Labelling
Nine of the sixteen states with laws regulating kratom sales require labels on kratom products, but the content required varies by state
Directions for safe use
Texas, Nevada, Georgia, and Oklahoma require that kratom products include labels with directions for safe or suggested use. Texas also requires to show the commended serving size.
Warnings
Utah and Virginia require that labels bear a warning that the product may be harmful; has not been evaluated by the FDA; and is not intended to diagnose, treat, cure, or prevent any disease. West Virginia requires the commissioner of agriculture to develop labelling standards, which must include warnings to keep the product out of reach of children and to consult a physician before use if pregnant or taking medication. Georgia and Oklahoma require a statement that the sale or transfer to a person under 18 is prohibited, along with “any precautionary statements as to the safety and effectiveness” of the kratom product.
Manufacturer or distributor information
Colorado (effective July 1, 2024), Georgia, and Oklahoma require that labels state the identity and address of the product’s manufacturer or distributor.
Alkaloid content
Arizona, Georgia, Oklahoma, and Utah require that labels state the amount of mitragynine and 7- hydroxymitragynine in the product.
Ingredients
Colorado (effective July 1, 2024), Nevada, and Virginia require labels listing all ingredients. Georgia and Oklahoma require a list of ingredients that includes common names.
Factual basis
Arizona and Utah require that labels indicate the “factual basis” underlying any representation that the product is a “kratom product,” defined as a food or dietary ingredient containing part of the leaf of Mitragyna speciosa.
Private right of action
Oklahoma and Utah permit individuals harmed by violations of their kratom laws to bring private civil actions for damages.
Tax
West Virginia law provides for a tax on kratom, the proceeds of which are split among an agricultural fees fund, an alcohol beverage control enforcement fund, and a substance abuse fund.
Kratom Legality In 2024: Is Kratom Legal In My Country?
Here’s the list of countries to find out whether kratom is legal in your country or not.
- Australia: Kratom is classified as a controlled substance, making it illegal to possess, sell, or use.
- Burma (Myanmar): Kratom is illegal, as it is classified as a controlled substance.
- Denmark: Kratom is illegal, but there are ongoing discussions regarding its regulation.
- Finland: Kratom is classified as a controlled substance, making it illegal to possess or sell.
- Israel: The active compounds in kratom are illegal, rendering the substance itself prohibited.
- Lithuania: Kratom is illegal, and classified as a controlled substance.
- Poland: Kratom is legal, but its sale is subject to regulations.
- Romania: Kratom is legal and unregulated, allowing for personal use and sale.
- South Korea: Kratom is illegal, with strict penalties for possession and use.
- Sweden: Kratom is illegal, and classified as a controlled substance.
- United Kingdom: Kratom is illegal to sell or distribute, but possession is not criminalized.
- Vietnam: Kratom is illegal, and classified as a controlled substance.
- Thailand: Kratom was legalized for personal use and sale in 2021, with specific regulations in place.
- Austria: Kratom is legal for personal use but not recommended for sale.
- Croatia: Kratom is legal for personal use, but distribution is discouraged.
- Spain: Kratom is fully legal for purchase and sale.
- Hungary: Kratom is legal and unregulated.
- France: Kratom can be possessed but selling it is illegal.
- Netherlands: Kratom is legal and widely available.
- Greece: Kratom is legal and unregulated.
- Albania: Kratom is legal and not restricted.
Final Thoughts
Kratom’s legality varies by state and country. While some countries, like the United States, have focused on kratom through regulatory frameworks such as the Kratom Consumer Protection Act (KCPA), others have imposed strict bans. If you’re looking to buy kratom in the United States, ensure you are aware of the local laws and purchase from reputable vendors to guarantee product safety and quality, considering the societal needs and potential health benefits.