Navigating Kratom Legality: State-by-State Guide in the USA

Kratom has been used for centuries across Southeast Asia, but it’s only gained real popularity in the U.S. over the last couple of decades. Now, millions of people around the country use kratom daily, and government officials are still figuring out how they feel about it.   If you’re looking for kratom in your area, or you just want to do your research, wading through the confusing mush of information online can be tough. Here, we’ve done our best to sum up the info you’ll need to get the kratom products you love without bumping up against legal hassles.   Read on to learn about kratom legality by state. Keep in mind that the rules about kratom are still changing, so it’s important to stay up to date!

Kratom and the Federal Government

Before we dive into the states, we’ll cover the federal government. And, honestly, there’s not much to say. Kratom is basically unregulated at the federal level.   In 2016, the U.S. Drug Enforcement Administration tried to label kratom a Schedule I substance and ban it outright, working off overblown fears about kratom’s potential side effects. Because the DEA was not acting on the actual science—Schedule I is reserved for hard drugs with no safe use like heroin—advocacy groups and Members of Congress fought back. The DEA walked it back.   The Food and Drug Administration made similar moves in the 2010s and was rebuffed by everyone paying attention.   Now, there are no federal laws or regulations directly restricting kratom sales. The FDA hasn’t approved kratom for medicinal use or as a food supplement, so kratom can’t be marketed for those purposes, but kratom regulation has otherwise been left up to the individual states.

Kratom Legality by State: It’s Legal in 44 Out of 50 States

One of the best sources for kratom information is the American Kratom Association, an advocacy group dedicated to “protecting the rights of all Americans to legally consume safe kratom.” The AKA has a helpful guide for kratom’s legality by state.   Broadly, kratom is legal to manufacture, buy, sell, and possess in 44 states. Only six states currently have kratom bans on the books.   As of now, the states that have banned kratom include:  

• Wisconsin
• Indiana
• Arkansas
• Alabama
• Vermont
• Rhode Island

Even in those states, however, the rules may not be set in stone.   In 2023, Vermont’s Department of Health agreed to remove kratom from the state’s Schedule I listing. The state is now considering legislation and regulatory action to legalize kratom in the near future.   Bills to legalize kratom are under consideration in several of the other states. In some states, like Rhode Island, kratom legalization bills have even passed one of the legislative bodies. Alabama officials seem staunchly opposed to kratom so far, but most of the other states are at least willing to study kratom and see whether legalization makes sense.

Local Bans in Cities and Counties

In the other 44 states, kratom is legal at the state level. Some of the counties and cities within those states, however, may have kratom bans. Per the AKA, specific cities or counties in at least five states have outlawed kratom: California, Louisiana, Mississippi, North Carolina, and Illinois.   In California, for example, the cities of San Diego and Oceanside prohibit kratom, although they are considering more reasonable regulations. Check your local rules and regulations to find out whether kratom is available in your area.

In Most States, There Are No Kratom Rules

Although kratom is generally legal across most of the U.S., the specific rules about kratom can be pretty different depending on the state.   In many states (most, actually), the kratom industry is the Wild West —there are no rules or regulations at all. In those states, it’s extra important to make sure you buy your kratom from a trusted source. Advocacy groups like the AKA are actually in favor of regulating the kratom industry to make sure consumers get the best, safest product.   According to a congressional report, as of November 2023, only sixteen states have specific regulations about kratom. A good number more are considering kratom regulation–check out our predictions about the future of kratom legislation—but no bills have been signed into law.

Common Kratom Rules and Regulations

Sixteen states regulate kratom but generally allow it. Although the rules differ by state, there are some common factors.   Most of the states that regulate but allow kratom have passed some version of the Kratom Consumer Protection Act, a model law proposed by the AKA. The law is aimed at protecting consumers by imposing common-sense rules about kratom manufacturing, sales, product adulteration, packaging, and labeling.   Each of these states limits kratom sales by age. Half of the sixteen limit the sale of kratom to people 18 or older:  

• Arizona
• Georgia
• Illinois
• Minnesota
• Nevada
• Oklahoma
• Texas
• Utah

The other half prohibits kratom sales to people under the age 21:  

• Colorado
• Florida
• Louisiana
• Oregon
• South Dakota
• Tennessee
• Virginia
• West Virginia

A handful of these states also have rules against underage possession or marketing to children.   Other common kratom regulations include:  

• Rules prohibiting contamination or adulteration of kratom with other substances
• Rules about how kratom must be labeled (warnings, alkaloid content, ingredients etc.)
• Rules about synthetic alkaloids
• Rules about product strength
• Rules about testing, sampling, and other manufacturing standards

Most of these rules affect kratom vendors rather than customers, but it’s good to know they’re in place.   Bills targeting kratom on both sides are pending in a lot of states, so keep your ears and eyes open for the latest in kratom legal news. Check your city and state laws to make sure you get your kratom 100% legally.

Stay on Top of Kratom Legal News With the Gecko

Kratom is a cutting-edge industry and the rules are rapidly changing. Follow the Gecko’s kratom blog to stay on top of kratom news and for other information to help you get the most out of your kratom experience.   If you live in a state where kratom is legal, we’ll deliver top-quality kratom products right to your door! Check out what we have on offer over at our online shop.   Disclaimer: The information in this blog is accurate as of May 2024.