Kratom Information Blog, Kratom Legislation News

Kratom Legality 2023: Map, Legal Status, and Ban Updates

Posted on by Danny
Kratom Legality Art
07
Aug

People new to kratom or Mitragyna speciosa native to Southeast Asia often wonder about kratom legality in the United States. They wonder whether they can buy kratom in their home state.

In most cases, the answer is yes. It is legal, and there are no laws or restrictions to prohibit the sales or possession of it.

However, there are individuals who happen to live in one of the few areas where kratom is illegal. Our hearts go out to them because we’d like to help them out, but it’s against the law.

So, where do you stand? Is kratom legal where you live? Let’s find out.

US Kratom Legality Map

Below, you will see an interactive kratom legality map of the United States. It shows the current legality of kratom along with the latest ban updates. You can also view legality breakdown by state in the next section.

How to Use the Map?

All states have color codes based on their current legality status. You can mouse over each state and click on them for more details.

  • Green: Kratom is legal to buy and have in your state. In many cases, you must be an adult over 18.
  • Red: Kratom is illegal in your state. Contact your lawmakers and let them know where you stand.
  • Red Dot: Kratom is banned in your city or county. Contact your local administration and voice your opinion.
  • Purple: There is pending legislation on kratom. Action may be necessary to prevent any scheduling or a ban.

*If using a mobile device, press and hold the state for a brief description, or click for full details.

When you mouse over the green states, you’ll notice that several of them proposed bills and laws to ban kratom, but have failed.

It’s largely due to the good work of advocacy groups such as the American Kratom Association (AKA). They were able to hire lobbyists to educate politicians and lawmakers about kratom and change their minds.

Of course, none of that would have been possible without the support of the kratom community. Vendors, along with thousands of consumers, have donated millions of dollars to fund the fight for kratom legality.

Not to mention the countless petitions hundreds of thousands of people signed to prevent kratom from being included among controlled substances. Everyone has played a crucial role in keeping kratom legal.

Is Kratom Legal in My State?

Below you will find the breakdown of all 50 states along with the legal status of Mitragyna speciosa there:

  • Alabama – kratom is illegal in Alabama,
  • Alaska – kratom is legal,
  • Arizona – kratom is legal. There was a bill that proposed a kratom ban in 2014, but it was left out of the bill. Arizona enacted the Kratom Consumer Protection Act (KCPA) in late April 2019,
  • Arkansas – kratom is illegal in Arkansas,
  • California – kratom is legal except for the city of San Diego (but this doesn’t apply to San Diego County),
  • Colorado – kratom is legal. Denver prohibits the sale of kratom products for human consumption. It is legal to sell it though as long as it isn’t for human consumption. However, Parker Town and Monument Town prohibit kratom sales.
  • Connecticut – kratom is legal, and there is a pending bill to regulate it,
  • Delaware – kratom is legal,
  • Florida – kratom is banned in Sarasota County, but it’s legal elsewhere in Florida,
  • Georgia – kratom is legal. There was a bill to ban it; however, it didn’t succeed. Moreover, Georgia was the third state to enact the Kratom Consumer Protection Act,
  • Hawaii – kratom is legal, but there is a pending bill to ban it,
  • Idaho  – kratom is legal,
  • Illinois – kratom is legal for those over the age of 18 except for Jerseyville,
  • Indiana – kratom is illegal in Indiana,
  • Iowa – kratom is legal. A bill to ban it didn’t succeed,
  • Kansas – kratom is legal. A bill to criminalize it was removed. Now, Kansas is reviewing the KCPA,
  • Kentucky – a bill to make outlaw kratom didn’t succeed, but neither did one intending to regulate it. Kratom is legal,
  • Louisiana – kratom is legal. However, a bill to ban kratom if the Drug Enforcement Administration (DEA) places it on the scheduled substances list,
  • Maine – a bill to ban kratom didn’t succeed, but neither did a bill to regulate it. So, it’s legal but unregulated,
  • Maryland – kratom is legal, a bill to ban primary kratom alkaloids failed,
  • Massachusetts – kratom is legal,
  • Michigan – kratom is legal, but there is a pending bill to include kratom among Schedule II drugs,
  • Minnesota – kratom is legal,
  • Mississippi – kratom is illegal in a number of counties and cities in Mississippi. A few more locations are debating whether to schedule kratom. The herb remains legal elsewhere in the state. However, there are regular efforts to ban kratom in the state,
  • Missouri – kratom is legal; currently, Missouri is reviewing the KCPA, but a few counties are debating a potential kratom ban,
  • Montana – kratom is legal,
  • Nebraska – kratom is legal,
  • Nevada – kratom is legal. Moreover, it’s regulated according to the KCPA,
  • New Hampshire – a bill to criminalize kratom didn’t pass. Instead, legislators amended it to allow kratom for those over 18 years. Kratom is illegal in Franklin but remains legal in the rest of the state. New Hampshire is considering regulating kratom,
  • New Jersey – kratom is legal at the moment. Nonetheless, there have been efforts to ban it,
  • New Mexico – kratom is legal,
  • New York – although multiple intents to ban kratom have been made, it is legal,
  • North Carolina – even though a bill to ban kratom was introduced, it remains legal for those older than 18,
  • North Dakota – kratom is legal,
  • Ohio – kratom is legal, the state is considering regulating kratom,
  • Oklahoma – kratom is legal, a bill to ban kratom didn’t succeed. There is a pending bill to regulate kratom,
  • Oregon – kratom is legal, and the authorities are considered regulating it,
  • Pennsylvania – kratom is legal,
  • Rhode Island – kratom is banned. There is a pending bill that may reverse the kratom ban and make it legal and regulated,
  • South Carolina – kratom is legal,
  • South Dakota – kratom is legal for those over the age of 21,
  • Tennessee – kratom in plain leaf form is legal for those over 21 years. There is a pending bill that would only allow kratom to be sold by retailers and in packets of 5-7 ounces,
  • Texas – kratom is legal, and there is a pending bill to regulate it.
  • Utah – kratom is legal. Although there was a bill to make kratom a controlled substance, it didn’t pass. On March 26th, 2019, Utah became the first state to enact the Kratom Consumer Protection Act. Under this bill, vendors need to comply with regulations such as testing kratom before selling it.
  • Vermont – kratom is banned, but a pending bill may reverse the law,
  • Virginia – kratom is legal,
  • Washington – kratom is legal,
  • West Virginia – kratom is legal,
  • Wisconsin – kratom is banned. However, Wisconsin may remove the ban and pass the KCPA instead,
  • Wyoming – kratom is legal.

In addition to the 50 states, kratom is also legal in Washington D.C., the capital of our country. The authorities first banned kratom in 2016, but amended the controlled substance act and removed it in 2019.

Fresh and consistently potent kratom powder in a bowl available for purchase with text about its qualities

Traveling with Kratom

It’s important to review kratom laws when you travel with kratom too. You can refer to the kratom legality map above when you travel within the US. However, when you travel abroad, different laws will apply to your country of destination.

The Legal Climate of Kratom

Currently, there is no active legislation that targets kratom on the federal level. However, that doesn’t mean it’s immune to a nationwide ban in the future.

Efforts to Outlaw Kratom Nationwide

In 2016, the Drug Enforcement Administration (DEA) announced its intent to list kratom as a Schedule I substance. This would have prohibited it across the entire US.

However, the intent met a major backlash from the kratom community. They organized a White House petition with over 145,000 signatures and submitted over 6,000 letters to the DEA.

More than 60 members of Congress took notice and wrote to the DEA asking to postpone the ban and allow for a comment period.

During this period, people submitted 23,232 comments. 99% of them were in favor of kratom. So, the DEA had to reverse their emergency scheduling on kratom.

It was a remarkable feat and the first time in history when an advocacy group was able to overturn a DEA emergency scheduling.

This legal fight for kratom isn’t over. The DEA has put this into the hands of the Food and Drug Administration (FDA). Now, it’s up to them to decide what to do next.

The FDA’s Bias

We all know that the Food and Drug Administration has a bias against natural herbal products such as kratom. It has labeled kratom a drug of concern with no known medical benefits. It also regards kratom alkaloids as psychoactive substances. As a result, it advises against purchasing kratom powder and or any dietary supplements containing kratom.

In 2018, the FDA conducted a study using their own computer-programmed algorithms. Its results fit their claims of kratom being a dangerous opioid drug that should be banned. Based on it, its former Commissioner Scott Gottlieb issued a statement claiming that kratom products present serious health risks such as addiction and death.

In early 2021, the news came out that the US Department of Health and Human Services (HHS) had rescinded its recommendation to outlaw kratom. The reason for it was insufficient evidence of the plant’s danger to public safety. It happened in 2017, but the FDA concealed the fact for over 2.5 years from both the media and the public.

The American Kratom Association criticized the FDA for deliberately misleading the public with a biased narrative. Yet, it continues to do that.

After the seizure of kratom products worth over $1 million, the agency publicly emphasized the dangers of kratom. It did, however, exclude the fact that these items were adulterated.

Positive Outlook on Kratom Future

The limited research available on the herb has been further fueling the kratom controversy has been further fueled. In Southeast Asia where it grows naturally, kratom and its beneficial properties have been known to locals for centuries. However, there have been few studies.

Policy makers have relied on statements provided by institutions like the FDA and questioned buyer reports.

This and the legal climate may change due to the ongoing research on kratom.

National Institute on Drug Abuse (NIDA) has awarded two grants to the US College of Pharmacy to study kratom and its alkaloid content. The team lead by Christopher McCurdy, a pioneer in kratom research, has already come up with results in favor of kratom.

It’s safe to say the tables have turned. Nonetheless, we are at odds with powerful government agencies who are looking out for special interests. But, we’ve made it this far in the fight to ensure kratom stays legal.

What Buyers Can Do to Ensure that Kratom Stays Legal

As a kratom buyer, you can make a conscious choice. You can either support a movement in favor of kratom legality or contribute to its ban.

Thus, it’s important for any buyer to carefully choose whom they are handing their money to in exchange for a product. Is it a vendor who cares about the reputation and future of kratom? Or, is it one that puts their own profits first?

Here are a few things that you can do to make sure that you’re supporting the right cause:

  • Check the values and motivation of the vendor,
  • Make sure they lab test their kratom and offer the highest quality product for purchase,
  • See if they have had involvement in any scandals or recalls and, if so, how they handled it,
  • Pay attention to how they market their product and whether they follow the rules and regulations,
  • Refuse to purchase from vendors who use false or illegal
  • advertising tactics,
  • Look into what they are doing to make sure kratom stays legal.

We urge you to make careful and wise buying decisions. With persistence and the power of truth, it is within our power to win this battle. Nevertheless, we need your help as well to make sure it happens.

If you would like to acquire quality kratom powder and support the fight for kratom, give Kraoma a try. We thoroughly lab test the powder we sell and donate to relevant organizations and causes.

51 thoughts on “Kratom Legality 2023: Map, Legal Status, and Ban Updates”

  1. Rachel says:

    I am traveling to Greenland and can find no information on kratom legality there. Do you know if it’s ok to bring there, in a checked luggage/unopened bag of course.

    • Kraoma says:

      Hello Rachel, Greenland is an autonomous territory in the Kingdom of Denmark, so Danish law would apply. Kratom is a controlled substance in Denmark, so, it’s by extension a controlled substance in Greenland too. We wouldn’t take it there.

  2. BC says:

    I live in New Jersey and buy my Kratom when I visit a friend in Virginia, because places by me don’t carry it. As of now- February 2020, is it legal to buy in VA and travel with it back to NJ? Thanks for your help!

    • Kraoma says:

      Hello. Yes, kratom is currently legal in both VA and NJ. Though there is pending legislation in New Jersey to ban it, it has not been passed yet. So, you should have no issue. If you travel by plane, we do advise packing kratom in your checked-in luggage.

      We have more detailed posts on kratom legality in New Jersey and Virginia, and we keep a close eye on any new developments to update them and provide our readers with the most recent information. Please click on the respective links in the map of the list of states to locate them.

      You can also buy kratom online and have it shipped to your address. Feel free to check out our selection. We import kratom directly for the source, so it’s fresher than what you find in local stores. We’re also Nevada-based, so all our kratom products and processes comply with the Kratom Consumer Protection Act.

      We’ll also be happy to answer if you have any further questions.

    • Kraoma says:

      Hello Michael, it depends on each state/location and what they decide. The bill that passes the kratom ban should include information that clarifies whether the ban is immediate or there is a period of time allowed.

  4. Ray says:

    Hello,
    I traveling domestically from Norfolk, VA to Minneapolis, MN with a layover in Philadelphia. I’ve called the airline for advice on traveling with Kratom and they said exactly what you recommended; keep in checked baggage and in its unopened, original packaging. Despite having this knowledge, I’m still a bit nervous to travel with it. I’d like to verify that Kratom is still legal in all of my destinations . Would you confirm? It would help put my mind to ease!
    Thank you.

    • Kraoma says:

      Hello Ray,

      Calling your airline has been a great decision.

      At this time, kratom is legal in all three states, so you should not have any issues. Thanks for trusting us with this information.

      Have a safe trip.

  5. John michels says:

    I live in Maryland and Pennsylvania. Recently in the paper (PA) a man was arrested for having a bag of Keaton capsules. 895 to be precise and he was charged with drug trafficking. They stated 4 ounces was the limit to which you can have on person. I’ve never heard this before. Are they regulations I’m missing in my states?

    • Kraoma says:

      Hello Tom, that is a case-by-case scenario and depends on what tests each individual company uses. Nonetheless, we advise you not to put yourself and the reputation of kratom in danger.

      • BigDan says:

        Tom, look at quest diagnostics website – the DOT is a standard 5-panel screen, with split specimen & custody control measures in place. The 5 panels are opioid, cannabis, cocaine, amphetamine, and (IIRC) benzodiazapine.
        An employer can specify any panels they wish to screen for beyond, but the DOT only requires the standard 5. Most companies minimize their screening to what’s required by their liability insurance carrier for financial reasons as screening is quite expensive…

  7. Trudie Harvey says:

    I am traveling to Louisiana bynplane and plan on packing my prescription and OTC meds in my carry-on. Can I include my liquid Kratom with these (less than 3 oz) even if it just says FTS 20mL on bottle? Should I take paperwork explaining what it is.

    • Kraoma says:

      Hello Trudie, kratom is legal in Louisiana, so you should have no legal issue with it as long as you only have 3.4 oz of liquids per each container, 1 quart of liquids total fitting into 1 zip-locked bag. We always advise putting kratom in checked-in luggage; however, if you are not traveling with any, make sure t carry it in its original packaging, so that airport security has an easier time identifying it.

      Airport staff should be knowledgeable about the controlled substances in their state, though here’s the Louisiana controlled substances act in case you feel more secure having that information on you: http://www.pharmacy.la.gov/assets/docs/laws/web_rs40_chap4-partx_2013-0801.pdf

      Make sure that kratom is also legal in the location that you are traveling to Louisiana from.

      We hope you have a good trip!

  8. joey says:

    my friend lives in arkansas and wants to order kratom from an overseas vendor. how much trouble can he get into if caught? as anyone been sent to jail for ordering and receiving (not selling) in a banned state such as arkansas?

    • Kraoma says:

      Hello Joey, we strongly advise you/ your friend not to do that as there are multiple risks involved.

      First of all, kratom is illegal in Arkansas and its possession is considered a felony punishable by either incarceration or a fine. You would have to look up the statistics of charges for kratom possession to find out more information on that. Even if you can’t find any, you shouldn’t take it as an excuse to still buy it. People in banned locations have been charged.

      Secondly, purchasing kratom from overseas, which you most likely you’re considering, is not smart. You risk being seriously scammed and not getting anything in exchange for your money. Or you risk getting a product that is contaminated, adulterated, fake, low-quality, or otherwise unfit for sale. There are no regulations in Indonesia that would control the quality of the powder, sanitary regulations are considerably inferior to those in the US, and many of the vendors who find you or whom you find on Facebook and through other social means have very little or no experience growing, harvesting, and producing kratom powder meaning that you cannot expect premium quality even if you order from the source.

      Once again, neither going against the law nor ordering kratom from overseas are wise choices.

    • Kraoma says:

      Hello Tammy, there is no indication of kratom being illegal in Mexico. However, we advise packing it into our checked-in luggage in its original (preferably unopened) packaging.

  10. Jeffrey Watson says:

    Is Kratom legal in Afganistan? My uncle works on a army base in Afganistan and I am sending him a care pack with misc items, can i also send him the Kratom Capsules?

    • Kraoma says:

      Hello Casey,

      Kratom is legal and regulated by the KCPA in both Arizona and Utah, so you should not have any issues. Though, we’d advise you to keep it in your checked-in luggage in its original (and if possible – unopened) packaging.

    • Kraoma says:

      Hello Fonya, we’d advise carrying kratom in your checked-in luggage in its original unopened packaging. Even though it’s legal in both states, not all workers at the airport security may be familiar with it. Carrying in in your checked-in luggage can avoid any unexpected delays, and the original packaging can help identify it.

  13. Amy says:

    So, does this mean it’s no longer “illegal for consumption” in Denver, CO? Or is that info just too ”grey” for the way you have chosen to present the info? It just concerns me that someone may be misinformed as a result. Thanks.

  14. Amy says:

    I live in California and I am traveling to Bali at the end of the month. I want to know if I can bring Kratom with me legally. Do you know? I’m finding conflicting information on the internet and would really appreciate anything you might know about traveling abroad with Kratom. Thank you!

    • Kraoma says:

      Hello Amy, unfortunately, due to the latest developments in terms of kratom legality in Indonesia, thus subject is unclear. Indonesian customs law requires declaring plant products, and the country has a strict drug policy. Generally, kratom should be illegal in Indonesia because of a law that covers all ASEAN nations. Nonetheless, it’s always been somewhat of a grey area. Up until now, we’ve not heard of any issues traveling with kratom to Indonesia. However, we won’t be able to advise you about the latest developments after the government has declared its intention to ban kratom exports. It still remains unclear. We would, however, advise against purchasing kratom directly there. While it may seem like an excellent deal, you need to know whether the vendor is trustworthy and legitimate. There are many more potential risks involved when purchasing kratom from locals.

  15. Jackie says:

    I’m all for keeping kratom legal and even more so for keeping it safe but how can the average buyer know if they are getting high quality, clean product?

    • Kraoma says:

      Hello Jackie,
      We absolutely understand your point. It’s hard for an average user to tell that because certain things can’t be known without seeing lab test results; that is why we support regulating kratom. One of the things that you can pay attention to is consistency. Does it seem like you require a different dose with each order? This may b an indicator of low quality. Another thing to watch out is cheap prices. We generally do not recommend choosing the cheapest kratom. There is a lot involved in the business and cheap prices are simply not realistic. We’re also always wary of recalls. If all batches would have been properly tested before, the risk of contaminated or adulterated kratom reaching the market greatly diminishes.

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