Is Kratom Legal in Indiana in 2023?

Indiana, the home state of Michael Jackson, is dubbed “The Hoosier State” and its people are “Hoosiers”. Curiously, no one knows where the name came from and what Hoosier actually means.

If you happen to be a TV show “Parks and Recreation” fan, we have bad news for you. Pawnee, Indiana, does not actually exist. Neither does Eagleton. Or Eerie.

However, there’s a town called Santa Claus. It was originally Santa Fe, but they failed to open a post office because another Santa Fe had already claimed the name.

Santa Claus, Indiana, keeps the Christmas theme all year long and welcomes almost half a million letters to Santa a year. They even have streets with names such as Rudolph Boulevard and Dasher Lane.

Can you ask Santa Claus to bring you kratom for Christmas if you live in Indiana? Let’s find out if kratom is legal in the Hoosier State.

Is Kratom Legal in Indiana?

Unfortunately, currently, kratom is illegal in Indiana. The Indiana State Senate banned kratom in 2014 and classified it as a Schedule I controlled substance.

Indiana is one of the few American states that chose to ban kratom or Mitragyna speciosa. It’s a herb native to Indonesia, Thailand, Papua New Guinea, and other Southeast Asian countries. It comes in three different vein types: red, green, and white.

In 2014, the Indiana Senate amended the law and listed mitragynine and 7-hydroxymitragynine, the two primary kratom alkaloids, among the prohibited drugs. As a result, kratom is a Schedule I controlled substance along with dangerous drugs such as heroin.

Initially, the bill suggested including mitragynine and 7-hydroxymitragynine as synthetic substances. Both kratom alkaloids were labeled as synthetic cannabinoids mimicking the effects of cocaine and marijuana. That is clear misinformation as kratom is neither a synthetic drug nor a cannabinoid. It comes from the Rubiaceae or coffee plant family as is related to coffee rather than cannabis.

However, later the authorities realized the mistake and amended that part. Sadly, they did not decriminalize kratom. Instead, they classified kratom as a Schedule I hallucinogenic substance. This again is inaccurate. Some studies actually point out that kratom may have anti-hallucinogenic properties.

Penalties for Possessing or Selling Kratom in Indiana

The possession of kratom products such as powder or capsules is a Class A misdemeanor. This can lead to up to 12 months in jail and a fine of up to $5,000.

Certain enhancing circumstances can increase the severity of the consequences. The possession of kratom can result in Level 6 felony if you:

• Have been previously convicted of possessing scheduled substances,
• Bought kratom for or shared it with a minor,
• Had kratom on you within 500 feet of a school or public park,
• Had kratom on you within than 100 feet of a drug abuse rehabilitation facility, or
• Carried a firearm while having kratom on you.

For these reasons, a person may face from six to thirty months in jail.

Efforts to Reverse the Ban

Many want the situation to change. In 2018, the Kratom Trade Association (KTA) was collecting funds for a campaign that aimed to reverse the kratom ban in Indiana. However, there are no updates on whether any progress was made.

Yet, according to the KTA’s newsletter, they were the only organization actively trying to reverse the ban on kratom. They also claim that language to reverse the kratom ban was nearly amended into a bill in early 2018. But the opposition insisted on researching the matter further first.

We cannot confirm this though as this newsletter is the only source of information that we have on the matter.

The American Kratom Association (AKA), a non-profit advocacy group, actively works to keep kratom legal across the country. The organization targets a number of states that do not regulate kratom. It also aims to reverse the ban in states where kratom is illegal and convince them to pass the Kratom Consumer Protection Act instead.

Nonetheless, when the AKA announced in early 2021 the priority states that it would be targeting, Indiana was not among them.

Thus, at the moment, kratom still remains illegal.

Where to Buy Kratom in Indiana?

Due to the kratom ban, it is illegal to buy or possess the herb in Indiana. It is not available for sale locally, and you cannot purchase it online as vendors won’t ship to the states where kratom isn’t legal.

If you need kratom to improve your well-being, it’s best not to look for ways to get kratom elsewhere. We understand your pain. Yet, we urge you not to break the law.

Possessing kratom products in Indiana can cause legal consequences. In addition to that, such action can have a severe negative effect on the reputation of kratom.

There are people and institutions who’d like kratom banned on a federal level. This already nearly happened in 2016 when the DEA issued a statement on its intent to ban kratom in the entire US.

While the DEA retracted it, the FDA actively refers to kratom as a drug of concern with a high risk of abuse. There are also regular bills aiming to get kratom banned in other parts of the United States.

However, we would be grateful if you could support any action that would aim to reverse the Indiana kratom ban. If you want kratom to be legal in Indiana, sign petitions or take part in other forms of kratom activism.

Keep in mind that how you advocate for kratom legality matters. The AKA may not focus on kratom legality and the Kratom Consumer Protection Act in Indiana at this time. Yet, it has resources that can help you prepare. Please check out the AKA’s Kratom Advocacy Toolkit for more information.

Would you like to know more about the legal status of kratom in other places in the US? Refer to this blog post and see an updated map on kratom legality in the United States.