Kratom is a hеrbal substancе that has bееn usеd in Southеast Asia for cеnturiеs for its mеdicinal and stimulating propеrtiеs. In rеcеnt yеars, kratom has bеcomе incrеasingly popular in thе Unitеd Statеs, but its lеgal status variеs from statе to statе.
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Wе providе a comprеhеnsivе ovеrviеw of kratom lеgality in thе Unitеd Statеs. It includes a Map from AKA that shows which statеs havе bannеd kratom, which statеs havе rеgulatеd it, and which statеs havе no laws on thе books rеgarding kratom. We also includеs a list of all statеs, along with thе actual situation of kratom in еach onе.
Whеthеr you’rе a kratom usеr, consumеr, or just curious about this hеrbal substancе, this information is a valuablе rеsourcе for undеrstanding its lеgal status in thе Unitеd Statеs.
Kratom Lеgality Map and information. Statеs, Citiеs and Countiеs whеrе Kratom products arе prohibitеd.
- Green: Kratom is legal and no restrictions
- Yellow: States with banned Cities
- Red: banned states schedule 1 for Kratom
- Blue: These states have adopted the Kratom Consumer Protection Act bill
Kratom Legality News and Information by State
Alabama
Banned. As of May 10,2016, SB226 makes Kratom a schedule 1 controlled substance. The AKA (American Kratom Association) has retained a lobbyist in Alabama and discussions are actively ongoing on replacing the current ban with KCPA.
Arizona
Kratom Consumer Act Passed IN 2019. The Legislature passed the KCPA unanimously in both the House and Senate. Read more about Kratom legality in Arizona.
Arkansas
Banned. As of February 1, 2016, kratom was added to the controlled substance list by the Director of the Department of Health under the authority granted in AR code § 5-4-201 (a)(1)(A)(i). Advocacy and education efforts are underway with the regulators and legislators of jurisdiction and Legislative leaders have expressed an interest in having the Kratom Consumer Protection Act replace the current ban. It is likely a bill to create a study on the basis for the scheduling of kratom and whether continuing it is justified will be introduced.
California
Legal with exceptions. Legal, except in the City of San Diego and the City of Oceanside. The City of San Diego passed ordinance 20657 to ban Kratom on June 15, 2016, during the then emerging spice controversy. San Diego County convened a hearing on a proposed ban, and they are currently considering options for a more reasonable regulatory scheme that mirrors the KCPA concept. Read more about Kratom legality in California.
Colorado
The Colorado KCPA was signed by Gov. Polis in May 2022 and will take effect July 2023. The Department of Regulation was aggressively promoting marijuana-like rulemaking, but that approach was not enacted into law by the Legislature. Read more about Kratom legality in Colorado.
Conneticut
A proposed ban on kratom sales to anyone under the age of 21 and was heard by the Joint Committee on Children on February 3, 2023. No action has been taken on this bill as of now.
Delaware
Kratom is currently legal at this time.
Florida
2023 State KCPA Bills are under consideration in both the House and Senate. The KCPA has successfully been passsed by several Senate committees and action is expected soon on the floor of both the House and Senate. Note: Sarasota County passed a county ordinance in January of 2014 that made Kratom illegal to buy, sell, use, or possess. Read more about Kratom legality in Florida.
Georgia
Kratom Consumer Protection Act Passed in 2019. 2023 ban bills were defeated. Modifications to state KCPA are expected in 2024. Read more about Kratom legality in Georgia.
Hawaii
No known active or pending legislative action in 2023. Read more about Kratom legality in Hawaii.
Idaho
Legal. No known active or pending legislative action in 2023. Read more about Kratom legality in Idaho.
Illinois
Legal with exceptions. KCPA under consideration in 2023. Kratom is banned in Jerseyville, Alton, and Edwardsville
Indiana
Banned. SB0305 incorrectly identifies Kratom as a synthetic drug and thus scheduled Kratom as part of synthetic controlled substances legislation. In 2023 the KCPA passed out of the House on a vote o f53-40, but the Senate has deferred the bill to an interim study.
Iowa
Legal. No known active or pending legislative action.
Kansas
Kratom is currently legal at this time. KCPA legislation has been deferred to the 2024 session. Read more about Kratom legality in Kansas.
Kentucky
Kratom is currently legal at this time. Legal. A kratom ban was proposed and stopped in 2022. Read more about Kratom legality in Kentucky.
Louisiana
Kratom is currently legal in Louisiana but with exceptions. A state ban bill and a counter KCPA bill are both active in 2023. Bans- Ascension, Franklin, Rapides. Read more about Kratom Legality in Louisiana.
Maine
Kratom is currently legal at this time. No known active or pending legislation. Read more about Kratom legality in Maine.
Maryland
Kratom is currently legal at this time. No known active or pending legistion action. Ban attempts have been filed in previous years. Read more about Kratom legality in Maryland.
Massachusetts
Kratom is currently legal at this time. A KCPA bill is active in 2023. Read more about Kratom Legality in Massachusetts.
Michigan
Kratom is currently legal. Legal. A KCPA bill is active in 2023 and has been heard in several committees.
Minnesota
Kratom is currently legal at this time. Kratom is legal in Minnesota. Only for 18 years of age or older. Read more about Kratom Legality in Minnesota.
Mississippi
Kratom is Legal in Mississippi but with exceptions. Statewide ban bills were defeated in 2023. Numerous Cities and Counties with bans.
A total of 33 cities and counties in Mississippi have criminalized kratom. The counties in Mississippi that banned kratom (in alphabetic order):Alcorn, Calhoun, Itawamba, Lowndes, Monroe, Noxubee, Pearl River, Prentiss, Tippah, Tishomingo, Union. As well as, the towns in Mississippi that have made kratom illegal (in alphabetic order): Belmont, Blue Mountain, Booneville, Bruce, Burnsville, Caledonia, Calhoun, Columbus, Corinth, Derma, Fulton, Guntown, Iuka, Mantachie, Marietta, New Albany, Okolona, Oxford, Pontotoc, Ripley, Saltillo, Senatobia, Tishomingo, Vardaman. Read more about Kratom legality in Mississippi.
Missouri
Kratom is currently legal at this time. A KCPA bill is active in 2023. KCPA passed both Senate and House in 2022 but vetoed by Governor based on FDA misinformation on nationwide illegality. Negotiations are ongoing on which state agency would be tasked to regulate kratom. Read more about Kratom legality in Missouri.
Montana
Kratom is currently legal at this time. A ban bill is active in 2023, being added as an amendment late in the legislative session. AKA is working to stop ban and criminalization. Read more about Kratom legality in Montana.
Nebraska
Kratom is currently legal at this time. No known active or pending legislative action. Read more about Kratom legality in Nebraska.
Nevada
Kratom is currently legal at this time. Kratom Consumer Protection Act Passed in 2019. The Nevada KCPA passed in 2019 but has been under assault from the Board of Pharmacy (BOP), including attempts to ban kratom. Legislation is expected to be filed that will strengthen the KCPA and restrict the BOP from proposing any kratom bans. Read more about Kratom legality in Nevada.
New Hampshire
Legal with exceptions. Legal 18+ per (SB540). Senate unanimously passed the KCPA (that was a substitute for a proposed ban offered by the sponsor), and it is aeaiting action with the legislature reconvenes. Thanks to advocacy and education efforts of AKA members, the late State Rep. Shem Kellogg and Kratom users across the state of New Hampshire secured an agreement to stablish an age restriction of 18+
New Jersey
Kratom is currently legal in New Jersey at this time. A KCPA bill is active in 2023. Read more about Kratom Legality in New Jersey.
New Mexico
Kratom is currently legal at this time. No known active or pending legislative action. Read more about Kratom legality in New Mexico.
New York
At this time kratom (Mitragyna speciosa) is legal in New York state. A KCPA bill is active in 2023. Read more about Kratom Legality in New York.
North Carolina
Kratom is currently legal with an age restriction for 18+. Legal with an age restriction for 18+. A KCPA bill has been submitted to Legislative Counsel for drafting.Previous legislation to completely ban kratom in 2016 failed. Read more about Kratom Legality in North Carolina.
North Dacota
Kratom is currently legal at this time. No known active or pending legislative action. Read more about Kratom legality in North Dakota.
Ohio
Kratom is currently legal at this time. A KCPA bill is now being actively considered by the Ohio Legislature. The Ohio Board of Pharmacy previously attempted to schedule kratom as a Schedule I substance. The AKA actively fought this action and Board of Pharmacy withdrew its kratom scheduling proposal. Read more about Kratom legality in Ohio.
Oklahoma
Kratom is currently legal in Oklahoma. Kratom Consumer Protection Act passed in 2021. Read more about Kratom legality in Oklahoma.
Oregon
Kratom is currently legal in Oregon. Kratom Consumer Protection Act passed in 2022. The state Department of Revenue is reviewing comments to their proposed Kratom Rule. Read more about Kratom legality in Oregon.
Pennsylvania
Kratom is currently legal at this time. A KCPA bill is expected to be filed. Read more about Kratom Legality in Pennsylvania.
Rhode Island
Banned. A KCPA bill is active. Director of the Department of Health acknowledges kratom does not meet the criteria for scheduling under Rhode Island law.
South Carolina
Kratom is currently legal at this time. Legal. In 2023 a ban bill was filed but no action has been taken, and the date for bills to “crossover” has passed, so the only way a ban could be enacted would be by amendment to another bill. The AKA is monitoring this bill closely. Read more about Kratom legality in South Carolina.
South Dakota
Kratom is currently legal at this time. In prior years the Legislature rejected the proposed bans on kratom and decided to conduct a review of the KCPA. Read more about Kratom legality in South Dakota.
Tennessee
Legal. In 2023 a KCPA bill was killed by the Chairman of the Senate Judiciary Committee. In prior years an initial ban on kratom was imposed but the State Attorney General ruled that the language in the ban applied only to synthetic kratom products. The state enforces an age restriction of 21+. Read more about Kratom legality in Tennessee.
Texas
Kratom is currently legal at this time. A KCPA bill is active in 2023 and has successfully moved out of committee hearings. Read more about Kratom Legality in Texas.
Utah
Kratom is currently legal at this time. Kratom Consumer Protection Act Passed. Utah was the first state to pass a state KCPA in 2019. Read more about Kratom legality in Utah.
Vermont
Kratom is legal in Vermont. In 2023 the Dept. of Health agreed to remove kratom from Scheduled I listing. KCPA and regulatory action is under consideration by Vermont legislature.
Virginia
Kratom is currently legal at this time. Kratom Consumer Protection Act passed in 2023. Read more about Kratom Legality in Virginia.
Washington
Kratom is currently legal at this time. A ban bill was proposed in 2022 but was removed and the KCPA was introduced. Read more about Kratom Legality in Washington State.
West Virginia
Kratom is currently legal at this time. Kratom Consumer Protection Act passed in 2023. The law, which becomes effective in 90 days, will undergo rule making by the Department of Agriculture whose leaders have pledged to work with the American Kratom Association (AKA) to ensure protections for access to safe kratom products for consumers. Read more about Kratom Legality in West Virginia.
Wyoming
Kratom is currently legal at this time. No known active or pending legislative action. Read more about Kratom Legality in Wyoming.
Wisconsin
Banned. However,The Legislature requested the Controlled Substances Board (CSB) review whether kratom meets the statutory requirements under the 8-Factors for scheduling. The CSB voted on March 10, 2023 that it does not (although the CSB supports keeping scheduling of kratom). The Legislature is expected to file the KCPA legislation soon. Read more about Kratom Legality in Wisconsin
