Is Kratom Legal in Wisconsin in 2023?

Cheese isn’t everything there is to Wisconsin. It’s also a state with approximately 15,000 lakes and close to 8,000 rivers and streams.

Getting work done on a computer with a QWERTY keyboard? You have Wisconsin to thank for that. It was a Wisconsinite who invented the QWERTY layout. And the blender was the brainchild of another. Several people from Wisconsin have become famous actors. Willem Dafoe, Orson Wells, and Mark Ruffalo are a few of them.

In 1999, Milwaukee Summerfest earned a Guinness Record for being the World’s Largest Music Festival. The festival’s official website still claims the title to this day.

In 2021, Wisconsin lawmakers announced their intent to legalize the possession of small amounts of cannabis.

So, how about kratom legality in Wisconsin?

Is Kratom Legal in Wisconsin?

Unfortunately, kratom is illegal in Wisconsin at this time. In 2014, the Wisconsin Senate passed a bill that scheduled the two main kratom alkaloids. Action and petitions aimed to decriminalize kratom, but none has succeeded thus far. However, after a successful hearing in October 2019, Wisconsin may review the KCPA. 

In 2013, the Wisconsin Senate received a bill that proposed adding new substances to the controlled substance act. Among them were mitragynine and 7-hydroxymitragynine, the two primary compounds found in kratom.

The bill successfully passed in the spring 2014. Kratom alkaloids were supposed to go under synthetic opioids in Schedule I, which would have been inaccurate.

Kratom is neither an opioid, nor it is synthetic. In fact, it is a plant that is related to coffee. Mitragyna speciosa or kratom is a tropical tree from Southeast Asia that belongs to the Rubiaceae or coffee plant family. Its leaves are rich in alkaloids and other chemical compounds with beneficial properties. Some of them are opioid-like. As a result, authorities often use that as an excuse to ban kratom.

The authorities eventually classified it as a stimulant and listed it among Schedule I drugs of the Wisconsin controlled substances act. As a result, kratom is illegal in Wisconsin.

Kratom supporters initiated petitions to reverse the kratom ban in Wisconsin. One even urged kratom supporters not to buy and distribute any goods that derive from Wisconsin. No action or petition has succeeded.

Unfortunately, because of the complex procedure required to decriminalize controlled substances, the likelihood of reversing the kratom ban in Wisconsin isn’t high. At least not until there is more scientific proof in favor of kratom and its beneficial properties.

Penalties for Possessing or Selling Kratom in Wisconsin

Kratom isn’t legal in Wisconsin. It’s listed in Schedule I among drugs such as heroin, marijuana, ecstasy, LSD, peyote, and mushrooms containing psilocybin.

The possession of kratom for personal use is a Class I felony. This means a fine of up to $10,000, jail time of up to 42 months (3.5 years), or both.

Manufacturing or distribution or possessing with an intent of manufacturing or distribution can lead to steeper fines.

Since the plant isn’t legal, traveling with kratom to or through Wisconsin is also not possible. You risk getting charged, too.

The American Kratom Association and the Kratom Consumer Protection Act

In 2014, the same year when Wisconsin banned kratom, the American Kratom Association (AKA) formed. It’s a non-profit activist group that actively works and campaigns to keep kratom legal in the United States.

One of the initiatives that the AKA has developed is the Kratom Consumer Protection Act or the KCPA. It’s legislation that includes regulations on the sales, manufacturing, and possession of kratom products.

The Food and Drug Administration (FDA) is unwilling to regulate kratom on a federal level. The lack of regulations can lead to contaminated, adulterated, fake, and low-quality kratom entering the market. This can have a detrimental effect on public health.

So, the aim of the KCPA is to regulate kratom, ensuring that people gain safe access to kratom. The KCPA includes regulations such as:

• Prohibiting kratom sales to minors,
• Making testing kratom products and adequately labeling them mandatory,
• Forbidding businesses to sell adulterated, contaminated, or fake kratom products.
• Penalizing businesses for breaking the law.

Each state has the option to modify the text of the KCPA to better meet its needs. Several US states have already signed it. Some of these states are Utah, Nevada, Arizona, and Georgia. More states are considering it.

Moreover, the AKA targets the states that have made kratom illegal, aiming to reverse the ban.

Potential Decriminalization of Kratom

On October 30th, 2019, the Wisconsin State Health Committee held a two-hour informational hearing dedicated to kratom. The American Kratom Association was joined by Dr. Jack Henningfield and Utah Senator Curt Bramble. Dr. Jack Henningfield is the main person behind the Kratom 8-Factor Analysis. Meanwhile, Utah Senator Curt Bramble was the first to enact the Kratom Consumer Protection Act.

The feedback from the senators was overwhelmingly positive. So, we can expect a bill urging us to introduce the KCPA in Wisconsin. If that passes, kratom will be legal in Wisconsin.

Read more about the potential kratom ban reversal in Wisconsin here.

Where to Buy Kratom in Wisconsin?

Currently, it isn’t currently legal to buy kratom in Wisconsin. Under Wisconsin state law, manufacture, distribution, and possession of kratom powder or other products is a felony. You risk being charged with it. Buying kratom online is also not possible. Reputable vendors won’t ship to Wisconsin.

Therefore, if you currently live in Wisconsin, we urge you to abstain from acquiring kratom. Doing so may hurt your future as well as the reputation of kratom. The latter may cause even more action toward banning kratom in other places.

Our thoughts are with you, and we hope that one day kratom will be legal and properly regulated across the US.

For more information and a map on kratom legality in the US, you can refer to this blog post. If, however, you are outside Wisconsin, check out our kratom strains.