Is Kratom Legal: Kratom Legality in the United States

Over in Southeast Asia, the Mitragyna speciosa tree (commonly referred to as kratom) grows indigenously throughout the tropical rainforests in the region. The native tribes in those countries have a history of using kratom as folk medicine. Its leaves contain alkaloids with psychoactive properties. People drink kratom tea for the stimulating boost of energy it provides.

Both coffee and kratom plants are members of the Rubiaceae family.

Government bodies always place plants with psychoactive compounds under the microscope. Kratom is no different. The US and local governments have investigated kratom thoroughly. Some have opposing opinions. We’ll educate you on the facts surrounding kratom laws in the United States.

US Federal Stance on Kratom

At the federal level in the United States, kratom is not a controlled substance. The US government has not placed any active kratom compounds on its Controlled Substance List. Therefore, no federal law prohibits you from consuming, purchasing, or selling kratom products.

However, some federal agencies have controversial outlooks on kratom that do not coincide with federal law. For example, the Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) both tried to collude to ban kratom back in 2016. In the end, their unconstitutional attempt failed miserably.

The FDA And Kratom

In 2012, the Food and Drug Administration placed import alerts on kratom, saying it was an unapproved drug. That let FDA agents confiscate imported kratom products. However, kratom was a legal substance and not classified as a drug by the federal government. Therefore, imports kept coming.

The FDA put another import alert on the botanical product in 2014, saying it was an unapproved dietary supplement. However, kratom is a food product, not a dietary supplement. Consequently, imports kept coming.

As a result, the FDA chose another avenue for an illegal ban. They pressured the Drug Enforcement Agency (DEA) to illegally schedule the substance through an emergency scheduling process, bypassing hearings from the public. The DEA received backlash from the media, kratom advocates, doctors, scientists, and politicians. The federal agency backtracked shortly after.

Then in 2018, the FDA took its fight to the Department of Health and Human Services (HHS). Afterward, HHS sent a letter to the DEA recommending a ban on kratom again, stating the same nonsense as before, and still had no conclusive scientific data to corroborate any justification for banning it. Obtained documents show backchannel discourse between both agencies. Yet, scientific experts looked at the data of evidence surrounding kratom and found that the push to make kratom illegal was not a logical approach nor backed by science. The HHS reversed its stance. However, the FDA decided to push its fight on an international front.

The WHO Proposed Kratom Ban

The FDA finally recommended a kratom ban to the United Nations. In return, the international community considered a worldwide kratom ban through UN Member States. The World Health Organization (WHO) tasked the Expert Committee on Drug Dependence (ECDD) to assess the scientific risks associated with consuming kratom in a pre-review study. A pre-review status determines if a critical review is needed. Critical reviews occur before an international ban can get implemented on any psychoactive substance.

The independent group on experts of drugs and medicines (ECDD) indicated in their report that kratom has several proposed therapeutic effects. They concluded the study by not recommending a critical review of kratom. As a result, the expert committee rejected a possible WHO kratom ban. However, the WHO Secretariat still has the plant under surveillance.

Reasons for Proposed Ban: Potential Kratom Side Effects

One might wonder why the FDA has a bone to pick with kratom products.

The FDA claims kratom has harmful side effects. However, scientific evidence states the opposite. The known side effects of kratom are relatively mild and non-threatening. All adverse effects come from consuming too much kratom. They’re much like the side effects of drinking too much coffee.

Kratom Side Effects

• Quickened Heartbeat
• Dehydration
• Increased Urination
• Dry Mouth
• Loss of Appetite
• Upset Stomach

Scientific research shows that both kratom and coffee are relatively safe to consume. Staying within the suggested serving range can stop most side effects. Instead of consuming large kratom doses, try to potentiate kratom. That helps make the kratom effects more pronounced. Perform a kratom extraction process in your freezer using the red bubble kratom method to make kratom more potent.

However, as with most psychoactive plants, some governments ban plants without any scientific cause or need. For instance, numerous countries have banned coffee over the centuries. Also, the Olympics banned coffee from sports competitions between 1984-2004. Today, the Word Anti-Doping Agency (WADA) still track caffeine levels in Olympic athletes since it remains on their “watch list.”

Is Kratom Legal in My State?

Kratom laws vary from state to state. Most states have kept kratom legal to coincide with its federal status. However, a few states have banned it. Likewise, some municipalities have banned kratom as well. You’ll find the kratom legality per state in the list below.

1. Alabama — Illegal
2. Alaska — Legal
3. Arizona — Legal
4. Arkansas — Illegal
5. California — Municipality Bans
6. Colorado — Municipality Bans
7. Connecticut — Legal
8. Delaware — Legal
9. Florida — Municipality Bans
10. Georgia — Legal
11. Hawaii — Legal
12. Idaho — Legal
13. Illinois — Municipality Bans
14. Indiana — Illegal
15. Iowa — Legal
16. Kansas — Legal
17. Kentucky — Legal
18. Louisiana — Legal
19. Maine — Legal
20. Maryland — Legal
21. Massachusetts — Legal
22. Michigan — Legal
23. Minnesota — Legal
24. Mississippi — Municipality Bans
25. Missouri — Legal
26. Montana — Legal
27. Nebraska — Legal
28. Nevada — Legal
29. New Hampshire — Municipality Bans
30. New Jersey — Legal
31. New Mexico — Legal
32. New York — Legal
33. North Carolina — Legal
34. North Dakota — Legal
35. Ohio — Legal
36. Oklahoma — Legal
37. Oregon — Legal
38. Pennsylvania — Legal
39. Rhode Island — Illegal
40. South Carolina — Legal
41. South Dakota — Legal
42. Tennessee — Plain Leaf Kratom Legal
43. Texas — Legal
44. Utah — Legal
45. Vermont — Illegal
46. Virginia — Legal
47. Washington — Legal
48. West Virginia — Legal
49. Wisconsin — Illegal
50. Wyoming — Legal

States with Age Limits to Buy Kratom

Most states with legal kratom have no laws regulating its sale to minors. However, more states are restricting children from obtaining kratom. The age requirement differs from state to state. Some states have it where you must be 18 or older to buy it. Other states have 21 and up restrictions. So far, 11 states have age conditions for kratom consumers.

1. Arizona — Consumers must be 18 or older to purchase kratom.
2. Colorado — Consumers must be 21 or older to buy kratom.
3. Georgia — Consumers must be 18 or older to purchase kratom.
4. Illinois — Consumers must be 18 or older to buy kratom.
5. Nevada — Consumers must be 18 or older to purchase kratom.
6. New Hampshire — Consumers must be 18 or older to buy kratom.
7. North Carolina — Consumers must be 18 or older to purchase kratom.
8. Oklahoma — Consumers must be 18 or older to buy kratom.
9. South Dakota — Consumers must be 21 or older to purchase kratom.
10. Tennessee — Consumers must be 21 or older to buy kratom.
11. Utah — Consumers must be 18 or older to purchase kratom.

States Where Kratom is Illegal

Even though kratom is legal federally, states regulate substances within their borders. Right now, six states have banned kratom.

1. Alabama — Alabama officials voted and approved SB226 to make kratom a Schedule I controlled substance. The governor signed it into law on May 10^th, 2016.
2. Arkansas — Arkansas proposed adding the two primary kratom alkaloids to its Controlled Substance List in 2015. The scheduling of kratom in Arkansas went into effect on February 1^st, 2016.  
3. Indiana — The government of Indiana categorized the primary kratom alkaloids (mitragynine and 7-hydroxymitragynine) as synthetic drugs in SB305 on July 1^st, 2014. However, opponents of the bill argued no artificial manufacturing occurs with natural plant alkaloids. As a result, the state legislators amended the bill to eliminate the term “synthetic” from the ban in February 2018. Therefore, kratom remains an illegal drug in Indiana.
4. Rhode Island — The Rhode Island Department of Health added kratom alkaloids to the Rhode Island Uniform Controlled Substances Act on April 10^th, 2017. Rhode Island banned kratom without elected leaders voting on it.
5. Vermont — Vermont added kratom alkaloids to its regulated drugs list through its Department of Health. The health department listed them without elected representatives voting on the matter. Vermont was the first state to ban kratom in 2012.
6. Wisconsin — Wisconsin passed SB325 and made kratom illegal on April 24^th, 2014, when lawmakers replaced the definition of synthetic drugs with chemical structure descriptors. Somehow, they added natural alkaloids found in kratom to the list.

Local Municipality Kratom Bans or Regulations

Likewise, local municipalities can ban substances in their jurisdictions even though it’s legal at the state level. There are six states where kratom is legal but local governments have banned it.

1. California — Two cities in California made kratom illegal. Both San Diego and Oceanside have kratom bans in place.
2. Colorado — Two cities in Colorado have banned kratom. Those cities are Monument and Parker. However, another city in Colorado, Denver, has labeling restrictions that outlaw selling kratom for human consumption.
3. Florida — In Florida, Sarasota County passed a local ordinance to make kratom illegal.
4. Illinois — So far, four municipalities have made kratom illegal in Illinois. Jerseyville, Alton, Edwardsville, and Glen Carbon made kratom illegal.
5. Mississippi — Mississippi has the most kratom bans by municipalities. Currently, 11 counties in Mississippi have banned kratom.
   • Alcorn County: kratom banned.
   • Calhoun County: kratom banned
   • Itawamba County: kratom banned
   • Lowndes County: kratom banned
   • Monroe County: kratom banned
   • Noxubee County: kratom banned
   • Pearl River County: kratom banned
   • Prentiss County: kratom banned
   • Tippah County: kratom banned
   • Tishomingo County: kratom banned
   • Union County: kratom banned
6. New Hampshire — The City of Franklin is the only municipality in New Hampshire that has made kratom illegal for its citizens.

The Importance of Keeping Kratom Legal

Renowned scientists, medical practitioners, government leaders, and scientific journals support legal kratom. Millions of Americans take kratom to ease various troubles. Stripping law-abiding citizens of a natural herbal remedy would be problematic.

Luckily, some states support kratom users and have passed kratom consumer laws. Those laws keep kratom legal while regulating the industry.

Some States Have Passed Kratom Consumer Protection Laws

Since the FDA refuses to regulate kratom products, some states have stepped into the void to pass a version of the Kratom Consumer Protection Act (KCPA). The KCPA regulates kratom companies in each state to make sure kratom products are safe for consumers. Seven states have passed a KCPA for the kratom industry within their borders.

States that Passed the Kratom Consumer Protection Act (KCPA)

1. Arizona — On May 1^st, 2019, Arizona passed the KCPA. It set an age requirement of 18 or older for kratom legality and regulates kratom companies for consumer safety.
2. Colorado — On May 22^nd, 2022, Colorado representatives passed the KCPA. The bill mandates an age restriction for kratom users: 21 or older, and it forbids adulterants and synthetic substances in kratom manufacturing. It also regulates labeling requirements.
3. Georgia — On March 28^th, 2019, Georgia unanimously approved the KCPA. It places an age restriction on kratom use: 18 or older. The bill protects consumers from contaminants.
4. Nevada — On June 5^th, 2019, Nevada approved the KCPA. It mandates an age restriction of 18 or older for kratom consumers. Plus, it requires labeling restrictions on kratom vendors and protects consumers against unsafe products.
5. Oklahoma — On May 24^th, 2021, Oklahoma passed the KCPA. It places an age requirement of 18 or older for kratom consumers. Also, it requires kratom companies to test products for contaminants. The bill places marketing and labeling mandates on kratom vendors, too.
6. Oregon — On June 14^th, 2022, Oregon legislators passed the KCPA. The bill regulates kratom companies and their products with the state.
7. Utah — On May 14^th, 2019, Utah passed the KCPA, making it the first state to do such. The law set state standards in the kratom industry. Companies must test for possible contamination and have proper labeling. Kratom consumers must be 18 or older.

Where to Buy Quality Legal Kratom

Several states allow kratom to get sold legally within their borders. However, you still want to purchase your kratom from a company that lets you buy quality kratom. Consumers take smaller servings of premium-quality kratom to feel its effects. Therefore, you save money by not using as much.

Most kratom consumers agree that Maeng Da kratom varieties are the crème de la crème of kratom products. Prometheus Products has the most Maeng Da kratom strains on the market. Each one is hand-selected for its alkaloid makeup, grade of effects, and product consistency.

We stand behind each one of the kratom strains we sell. Once you purchase kratom for Prometheus Products, rest assured that you’ll become a customer for life. Our company vision is to provide the best kratom products available to consumers. We continue to do that every year.

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