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Is Kratom Legal in My State? Kratom Legality 2022

  • August 25, 2022

Is Kratom Legal in My State? Kratom Legality 2022

Is kratom a controlled substance? Kratom, also called mitragyna speciosa, is a legal substance in the majority of the world. Although it has widespread availability, you might question whether it’s legal where you live. In fact, there are only six states in the US and a handful of countries that have taken action to ban the herb. Kratom is known for its powerful side effects and many positives.

Let’s delve into the specifics on whether or not it’s legal where you are and if so, how to purchase quality strains.

What Is Kratom, Exactly?

Kratom is a tree that’s native to certain parts of Africa and Southeast Asia. This topical evergreen has natural psychotropic compounds that have long been used for medicinal and ceremonial purposes. In traditional use, kratom leaves are either chewed raw or brewed as a tea, offering side effects such as relief from pain, fatigue, and aches. Today, you can find kratom strains in various forms such as powder, tablets, liquids, resin, and leaves. You can find these products in some stores that sell alternative medicine or supplements, or you can purchase from a trusted online vendor. Kratom is growing in popularity as an opioid alternative and may help with chronic pain, digestive ailments, and opioid withdrawals.

Is Kratom FDA-Approved?

is kratom a controlled substance

The U.S. Food and Drug Administration (FDA) has yet to approve kratom for the treatment of any medical condition, and it has also issued warnings to companies that sell kratom in the U.S. or companies that illegally promote kratom as an herbal supplement. Some companies claim that kratom may treat, cure, prevent or mitigate mental health disorders as well as other medical conditions, but only FDA-approved medications can make these types of claims.

In addition, the FDA is evaluating the available scientific information around kratom and is hopeful that additional research can better understand the safety profile of kratom. The FDA has taken steps to limit both the sales and consumption of kratom, and kratom legality in the USA depends on the state. Healthcare professionals can report reactions that result from kratom.

Explaining the Kratom Consumer Protection Act

There’s a bill that’s focused on kratom regulation referred to as the Kratom Consumer Protection Act (KCPA) that governs the industry as a whole in the U.S. This bill addresses the following:

  • The manufacture, distribution, sale, and possession of kratom
  • The manufacture, distribution, and sale of adulterated or contaminated kratom
  • Age limits
  • Fines and penalties
  • Kratom testing
  • Labeling different kratom products

The main goal of the KCPA and kratom laws is to enforce the fact that vendors should only supply unadulterated, high-quality products that don’t contain contaminants. In the case that a kratom vendor doesn’t follow these regulations, they could face criminal charges and/or large fines.

The KPCA has a standard text with regulations, however, states can change specific elements to create their version of the KCPA bill. Having this flexibility gives states the power to change legislation that aligns with their state’s needs in the kratom industry.

Here are some general guidelines found in the KPCA:

  • Kratom can’t be sold to minors under 18 years old
  • Disclosing whether any product contains kratom
  • Prohibiting kratom sales that have been adulterated or contaminated
  • Prohibiting kratom sales of products that contain more than 2-7% of hydroxy mitragynine

There are currently four states that have passed the KCPA while others are taking steps toward legal, regulated kratom products.

Kratom Legality in The United States

kratom legality usa

Is kratom legal in the U.S.? It depends. The KCPA protects kratom legality in certain states while allowing regulators to dictate requirements for both the possession and use of kratom. As we mentioned four states have passed KCPA bills and others are taking steps toward a legal yet regulated approach. Other states have banned it altogether.

In What States Is Kratom Banned?

Even though kratom is legal at the federal level, there are some states and municipalities that have banned kratom, meaning it’s illegal to sell, grow, possess, or use kratom. Other states have age restrictions. What states is kratom illegal? We’ve outlined them below.

  • Alabama: On May 10, 2016, Alabama deemed kratom a Schedule 1 controlled substance.
  • Arkansas: In February of 2016, Arkansas added kratom to its controlled substance list.
  • Indiana: This state defines kratom as a synthetic drug so it is banned.
  • Rhode Island: Kratom is illegal in all parts of Rhode Island as it listed the two main alkaloids as controlled substances.
  • Vermont: Kratom is currently illegal in Vermont due to the lack of evidence for safe use.
  • Wisconsin: Wisconsin considers the primary alkaloids in kratom to be classified as Schedule I and is banned.

Where Is Kratom Legal But Regulated?

Kratom legality by state depends on different factors. In some cases, kratom is legal in the state as a whole but there are certain areas where it’s banned. If it’s legal in your state, you can find the best kratom extracts from reputable vendors.

Here’s where it’s legal but regulated:

  • Alaska
  • Arizona
  • California: Legal in California except in San Diego
  • Colorado: Legal in Colorado except in Denver
  • Connecticut
  • Delaware
  • Florida: Legal in Florida except in Sarasota County
  • Georgia
  • Hawaii
  • Idaho
  • Illinois: Legal for those over 18 except in Jerseyville
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi: Legal in the state except in Union County
  • Missouri
  • Montana
  • Nebraska
  • Nevada: KPCA passed
  • New Hampshire: Legal for those over 21
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon: Legal for those over 21
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee: Legal for those over 21
  • Texas
  • Utah: KCPA passed
  • Virginia
  • Washington
  • West Virginia
  • Wyoming

Is Kratom Legal In Other Countries?

what states is kratom banned

Kratom legality by country depends on specific factors. Countries such as Ireland, Italy, and the United Kingdom have rules that vary between cities. One factor to keep in mind is that the status of kratom legality isn’t widely established in some countries. For example, it’s unclear whether kratom is legal in various African nations and China.

Another unique case is Thailand. They have recently reconsidered some illegal substances and could make changes, so there’s a chance that kratom will not remain illegal. As kratom becomes more widely known and used, there are countries, counties, and cities that might not currently ban kratom, but could do so whenever they choose.

Here’s a list of the general kratom legality in countries throughout the world.

  • Canada (legal)
  • Argentina (illegal)
  • Brazil (legal)
  • Chile (legal)
  • Ecuador (legal)
  • Mexico (legal)
  • Peru
  • Venezuela
  • Austria (legal)
  • Belgium (legal)
  • Bulgaria (banned)
  • Czech Republic (legal)
  • Denmark (medical use only)
  • Finland (medical use only)
  • France (banned)
  • Germany (legal)
  • Norway (medical use only)
  • Poland (illegal)
  • Spain (legal)
  • Sweden (banned)
  • The Netherlands (legal)
  • The United Kingdom (banned)
  • Ukraine (legal)
  • Australia (banned)
  • India (legal)
  • Indonesia (legal)
  • Israel (illegal)
  • Hong Kong (illegal)
  • Russia (illegal)
  • Saudi Arabia (unregulated)
  • Thailand (legal)
  • The Philippines (legal)
  • Vietnam (illegal)
  • South Africa (legal)

Why Is Kratom Illegal in Certain Places?

will kratom be banned

Now that we’ve established kratom legality, you might be wondering why some places allow it while others don’t. Although kratom has been used for medicinal purposes, there isn’t evidence that supports that kratom holds medical value. The FDA has conducted several studies with no hard proof of benefits. In addition to this lack of benefits, there are many unpleasant side effects that could stem from kratom including hallucinations, sweating, vomiting, a loss of appetite, constipation, and several others. Extreme cases of kratom have been known to result in difficulty breathing, seizures, and coma. Kratom is often mixed with other drugs, making it more dangerous.

The Future of Kratom Laws Around the World

Even though it is legal in some places now, will kratom be banned? There are many reports that note that kratom may have significant benefits such as helping improve chronic pain and anxiety and relieving opiate abuse disorder. As more research and trials are conducted, kratom may prove beneficial and result in changes in current states or countries in which kratom is currently illegal.

The lack of reliable, controlled studies adds to a sense of skepticism around kratom use. The more states that regulate kratom instead of banning it, could mean additional doors opened to the education of long-term effects or risks.


As it stands, states and countries are at liberty to make their own decisions about kratom. If kratom is legal where you live, it’s essential to buy kratom online from a trusted and reputable vendor. Payless Kratom is your go-to kratom resource for high-quality strains and affordable price points. Browse our current selection to see what catches your eye!