HomeKratomKratom Legality in the U.S. By State (2023 Updated)

Kratom Legality in the U.S. By State (2023 Updated)

Centuries back when the farmers in Indonesia first discovered Kratom, they were quite happy.

They found something which cured their fatigue and lethargy and alleviated their stress. Those were the good days when Kratom was only used for medical conditions.

However, gradually the world got to know about this supplement. Many were curious to find out the effects of Kratom.

Once they discovered that it causes euphoria and stimulation at low doses, they were enthralled.

This was when Kratom’s use increased in parties and clubs. The FDA and DEA noticed the use of this drug and immediately took action to regulate it and to reduce its recreational use.

However, they failed to produce a scientific basis for the rumors attached to the drug. Many states in America were alarmed at the rumors and started banning it.

The irony is that to this day, not even a single study can relate to the importance of Kratom’s medical importance while there are a million people who take Kratom for Opiate withdrawal, pain management, and depression.

What is Kratom?

Kratom or Mitragyna Speciosa is an herbal supplement that contains alkaloids which act on the Opiate receptors present in the brain.

Though more than 40 alkaloids are present in Kratom, the major ones are Mitragynine and 7-hydroxymitragynine.

The agonist activity of these alkaloids on the mu, delta, and Kappa Opiate receptors results in stimulation, euphoria, and enhancement of cognitive skills.

At higher doses, the same alkaloids produce analgesia and sedation. Kratom has shown efficacy for Opiate withdrawal, in the management of pain, anxiety, stress, and depression.

It has many medicinal properties, which is brought into use can decrease the use of Opiates and Antibiotics.

What is Kratom’s legal status in the United States?

Kratom is a substance that is obtained from the leaves of the Kratom tree which is native to the countries of Southeast Asia.

Also called Mitragyna Speciosa, it contains alkaloids (Mitragynine and 7-hydroxymitragynine) that act on the Opiate receptors to produce effects similar to Opiates in nature without causing significant addiction, dependence, and tolerance.

Must Read:  Kratom Abuse: Signs, Effects, And Treatment

The point worth noting is that Kratom toxicity isn’t a real term and no deaths are attributed to the overdose of Kratom to this day.

With these facts on our charts, why is it that Kratom is facing legality issues? The reason is simple; it acts on the Opiate receptors, so it is an Opiate for the FDA and the DEA.

With a scant amount of research on the topic, Kratom has been banned in some states.

History of Kratom

Kratom came into the notice of governmental agencies back in 2015 when some overdose cases were reported.

The poison control cases noticed a rise in the use of Kratom and its addiction. This raised some serious concerns.

Though DEA has not labeled it as yet as a scheduled substance however it became a drug of interest.

The FDA did not ban it, and people continued to use it. Then in 2016, many more cases were reported, and the issue of the legality of Kratom across the world was raised.

Kratom got banned in some states, and the Kratom advocates came into action to prevent it from being banned by the DEA and FDA.

However, the DEA added Kratom to the list of Schedule I drug category in 2016. This file contains drugs that produce ecstasies like LSD, heroin, and cocaine.

The decision was taken back when Kratom advocates launched a full-fledged campaign to defend Kratom.

Currently, Kratom is illegal in the United Kingdom, Malaysia, Thailand, and Australia.

Is Kratom legal in your state?

StateKratom statusAny law/history of Kratom legality/Comments
AlabamaBannedBanned in 2016, May- Schedule I drug
AlaskaLegalNo pending legislative action
ArizonaLegalNo pending legislative action
ArkansasBannedBanned in 2016, February.
Added to the list of controlled substances using AR code§ 5-4-201 (a)(1)(A)(i).
CaliforniaLegalBanned in San Diego in 2016, June by ordinance 20657
ColoradoLegalNo pending legislative action
ConnecticutLegalNo pending legislative action
DelawareLegalNo pending legislative action
FloridaLegalBanned in Sarasota County by HB183 in 2016
GeorgiaLegalThe decision of ban lifted by efforts of Kratom advocates
HawaiiLegalNo pending legislative action
IdahoLegalNo pending legislative action
IllinoisLegal to adultsLegislation HB5526 passed in 2014 which bans the sale to minors
IndianaBannedSB0305-Kratom labeled as a synthetic controlled substance
IowaLegalLegislation HB640/ HF 2335 that meant to criminalize Kratom was not passed in 2014
KansasLegalNo pending legislative action
KentuckyLegalSB136 could have banned it but the bill wasn’t passed.
LouisianaLegalNo pending legislative action
MaineLegalNo pending legislative action
MarylandLegalNo pending legislative action
MassachusettsLegalNo pending legislative action
MichiganLegalLegislation HB 5707 not passed
MinnesotaLegalLegislation HB 5707 not passed
MissouriLegalNo pending legislative action
MississippiLegalNo pending legislative action
MontanaLegalNo pending legislative action
NebraskaLegalNo pending legislative action
NevadaLegalNo pending legislative action
New HampshireLegal to adultsLegislation SB540 bans the use of Kratom in minors
New JerseyLegalAB 4431 Legislation introduced in 2015 but not implemented as yet
New MexicoLegalNo pending legislative action
New YorkLegalLegislations including A231, A8670, S6345 and A9068 introduced on January 5th, 2017 but they are not passed yet. These legislations can ban the sale and distribution of Kratom.
North CarolinaLegalSB830 introduced but not passed
North DakotaLegalNo pending legislative action
OhioLegalNo pending legislative action
OklahomaLegalHB2666 not passed in 2014
OregonLegalSB518 introduced. Further research to be done
PennsylvaniaLegalNo pending legislative action
Rhode IslandBannedcontrolled substance
South CarolinaLegalNo pending legislative action
South DakotaLegalNo pending legislative action
TennesseeBannedBy Pub. Ch. No. 161- controlled substance
TexasLegalNo pending legislative action
UtahLegalNo pending legislative action
VermontBannedBy Title 18 V.S.A. § 4205 labeling Kratom as a regulated drug
VirginiaLegalNo pending legislative action
WashingtonLegalNo pending legislative action
West VirginiaLegalNo pending legislative action
WisconsinBannedKratom labeled as Schedule I drug by Wis. Stat. § 961.14
WyomingLegalNo pending legislative action

Kratom legality is a major issue in the United States. As you must have observed in the table above that many legislation were put forward but either they were lifted or they weren’t passed in the assembly.

This is because of the efforts of Kratom advocates who are raising awareness about the medicinal uses of Kratom.

If you want to keep the status of Kratom legal in your state and take maximum benefits from the herb, you must play your role in keeping it legal.

Jay Hunt
Jay is a freelance writer and certified health coach with a master’s degree in Dietetics from Boston University. He asks people to make nutrition decisions that align with their personal values. His writing focuses on Diet, Nutrition, CBD, Kratom, and food habits, which has become an integral part of online publications and blog content for authority websites. He is passionate about providing scientifically sound information backed by high-quality evidence. Jay loves hiking, traveling, and exploring different cultures and their eating habits in his free time. He is enjoying his life with his wife & kids in New York.

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