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People new to kratom or Mitragyna speciosa often wonder whether kratom is legal in the USA. 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 sale 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? What is the kratom legality by state? Let’s find out.
US Kratom Legality by State Map
Below, you will see an interactive kratom legality map of the United States. It shows where kratom is legal in the USA as of now 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 whether kratom is legal in the USA. 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 in the USA.
Is Kratom Legal in My State?
Below you will find the breakdown of kratom’s legality in 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 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.
Traveling with Kratom
It’s important to review where kratom is legal in the USA when you travel with kratom, too. You can refer to the kratom legality by state 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 whether kratom is legal in the USA.
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 reconsider kratom legality by state. 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 keeping kratom legal in the USA. 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. 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.
The 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 we keep kratom legal in the USA.
What You Can Do to Help Kratom Stay Legal in the USA
As a kratom buyer, you can make a conscious choice. You can either support a movement in favor of kratom legality by state 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.