If you’re thinking about incorporating Kratom powder into your daily routine, you likely have quite a few questions. The sometimes shaky relationship between Kratom powder and the FDA can lead to some concerns for consumers.
If you’re curious about whether “Is Kratom legal in my state?” we’ve got a handy overview of Kratom and its legal status across the U.S.
Table of Contents
What Is Kratom?
Kratom powder is derived from a tropical evergreen tree known as Mitragyna speciosa, which thrives in Southeast Asia, particularly in countries like Borneo, Thailand, and Malaysia. This plant is in the same family as coffee, and its use has been a part of indigenous cultures for centuries.
Recently, folks in the West have discovered the benefits of Kratom, and many have started to include this natural botanical in their everyday lives. Depending on the strain you choose, Kratom can help bring about a sense of calm or boost your energy and positivity.
In Southeast Asia, many enjoy Kratom by chewing the leaves or brewing it into tea. Some Westerners might find the potent, bitter taste of Kratom powder a bit off-putting, so they mix it into meals or drinks to mask the flavor.
Others prefer to make capsules from the powder, which are convenient and allow for easy adjustment of your preferred dosage.
The Active Ingredients in Kratom
Kratom is rich in alkaloids, which are naturally occurring compounds primarily found in flowering plants. The two main active ingredients present in Kratom are mitragynine and 7-hydroxymitragynine (7-HMG).
Understanding what makes Kratom so beneficial is important, but it’s equally crucial to know about its legal status before adding it to your lifestyle.
Kratom Consumer Protection Act
Due to the limited clinical research available on Kratom, a lot of misinformation has circulated. Most research on Kratom has emerged only since 2012.
In 2016, the DEA attempted to classify Kratom as a Schedule 1 drug, citing its ability to interact with mu-opioid receptors in the brain. This move triggered an outcry from the Kratom community, leading to protests, petitions, and appeals to Congress to block this classification. Thanks to the thousands of supportive comments and letters from the House of Representatives, the DEA ultimately withdrew its request—a rare turnaround!
The DEA opted to invest more time in examining the pros and cons of Kratom, which means that legality varies by state, as no federal decision has been made.
The Kratom Consumer Protection Act (KPCA) seeks to safeguard consumers’ rights to buy Kratom legally and to regulate the sale of safe, quality products. Issues with unsafe or unregulated Kratom can lead to confusion and uncertainty among consumers.
To ensure the Kratom product you’re purchasing is fully legal, it’s a good idea to check out the American Kratom Association’s website for updates relevant to your state.
Legal Status of Kratom in the U.S.
Since the DEA hasn’t released a definitive report on Kratom, its future remains a bit unclear. While Kratom is generally legal in the United States, some states have chosen to ban it.
Here’s a comprehensive list of Kratom’s legal status in each U.S. state for those wondering, “Is Kratom legal where I live?”
Where Kratom Is Legal
- Alaska: Kratom is legal and available in tobacco shops, but online shopping is a great option due to the state’s vastness.
- Arizona: Legal, with a regulation bill passed in 2019.
- California: Legal except in San Diego city and Oceanside.
- Colorado: Legal but not in Denver; products must not be labeled for human consumption.
- Connecticut: Legal; available in stores and online.
- Delaware: Legal; no plans to criminalize it.
- Florida: Legal except in Sarasota County.
- Georgia: Legal for ages 18 and up; the Kratom Consumer Protection Act passed in 2018.
- Hawaii: Legal with a potential bill to classify Kratom’s alkaloids as Schedule V substances pending.
- Idaho: Legal, despite official warnings; no bans in sight.
- Illinois: Legal except in Alton, Edwardsville, Glen Carbon, and Jerseyville. Minors are prohibited from use.
- Iowa: Legal; recent attempts to ban were halted by community support.
- Kansas: Legal, with a review of the KPCA in the works.
- Kentucky: Legal; previous ban attempts were unsuccessful.
- Louisiana: Legal; a bill to investigate Kratom further has been passed.
- Maine: Legal; earlier attempts to classify it as a controlled substance did not succeed.
- Maryland: Legal, with some pending bills to ban.
- Massachusetts: Legal; no current ban attempts.
- Michigan: Legal; no issues regarding its status.
- Minnesota: Legal; no ban efforts at this time.
- Mississippi: Legal, although over 30 counties and cities have local bans.
- Missouri: Legal; pending bills may either ban or regulate Kratom.
- Montana: Legal; no attempts to ban it.
- Nebraska: Legal; no ban attempts in sight.
- Nevada: Legal and regulated by KPCA.
- New Hampshire: Legal, except in Franklin City; a ban is being discussed.
- New Jersey: Legal; a bill to ban it was introduced in January 2020.
- New Mexico: Legal; no ban attempts so far.
- New York: Legal; while some bills aiming to ban it have failed, new regulations for minors have emerged.
- North Carolina: Legal for those over 18; a ban attempt was unsuccessful.
- North Dakota: Legal; no ban attempts noted.
- Ohio: Legal; a ban was delayed while new regulations were proposed.
- Oklahoma: Legal; protest efforts have prevented bans.
- Oregon: Legal and unregulated; attempts to ban it have failed.
- Pennsylvania: Legal; pending regulation proposals.
- South Carolina: Legal; no bans in place.
- South Dakota: Legal; no ban attempts recorded.
- Tennessee: Natural Kratom is legal for adults 21 and older; prior confusion stemmed from a ban on synthetic variants.
- Texas: Legal; no attempts to ban it so far.
- Utah: Legal; a study bill on Kratom is underway.
- Virginia: Legal; no ban efforts noted.
- Washington State: Legal; no ban attempts recorded.
- West Virginia: Legal, following a failed attempt to classify it as controlled.
- Wyoming: Legal; no attempts to ban it.
- Washington D.C.: Kratom is legal; no ban efforts observed.
Where Kratom Is Currently Banned
- Alabama: Illegal due to misclassification of active compounds.
- Arkansas: Illegal; both alkaloids are classified as Opioid Derivatives.
- Indiana: Banned since 2014.
- Rhode Island: Not legal; banned in 2017 with possible reconsideration in the future.
- Vermont: Illegal but discussions are happening that might reverse this ban.
- Wisconsin: Currently illegal; there’s potential for the KPCA to change this.
Final Thoughts
The journey for legal and regulated Kratom continues, and if you’re passionate about Kratom and its community, it’s important to advocate for the KPCA in your state’s legislative processes. Knowing what Kratom is and understanding its legal status where you live is essential for any enthusiast!