Is Kratom Legal In Your State?

What is Kratom?

Kratom—scientifically known as Mitragyna speciosa—is a tropical tree native to Southeast Asia. For centuries, locals have used its leaves for their natural, energizing, and soothing effects. Today, Kratom is the subject of both scientific interest and legal scrutiny around the world.

Some countries have restricted access to it. Now, we even have a few states in the USA that have made it illegal, too. To further complicate matters, some local cities and counties have passed anti-Kratom legislation in states where it’s legal. That creates a big problem for citizens who live in those areas.

Taking all of that into account, the subject of Kratom laws becomes confusing.

But how did a traditional plant remedy become so controversial?

Let’s dig in.

The Benefits of Kratom

Historical records and centuries of oral tradition show that Kratom has long been valued for its natural wellness benefits. Here’s a quick breakdown of the most common reasons people use Kratom today:

Natural Energy Boost

Kratom comes from the same plant family as coffee, and certain strains can provide an energizing effect to help you tackle your day with motivation and focus.

Relief From Discomfort

Many users turn to Kratom to soothe everyday aches and discomfort. Whether it’s post-workout soreness, long hours on your feet, or general physical tension.

Mood Support

Life throws challenges at us daily. Some Kratom strains offer mood-lifting effects that can help brighten your outlook and promote a sense of calm well-being.

Rest and Relaxation

Other strains are known for their calming properties and can be especially helpful in the evening, supporting deeper rest and more peaceful sleep.

Are There Side Effects or Safety Concerns?

As with any supplement, Kratom may affect individuals differently based on factors like body chemistry or preexisting conditions. Common considerations include:

• Tolerance: Like coffee, daily Kratom use can lead to tolerance, meaning you may need more over time to feel the same effects. Taking regular breaks or rotating strains can help.

• Side Effects: Some users may experience mild side effects such as nausea or dizziness, especially at higher serving sizes.

Always consult your physician before starting Kratom, especially if you have a health condition or take medications.

Is Kratom Legal?

Current Federal Status

Kratom is legal at the federal level in the United States. But individual states, counties, and even cities can create their own laws, making the legal landscape confusing and ever-changing.

States Where Kratom Is Restricted

Right now, six states have made Kratom illegal within state lines. However, we should note that three of the states restrict Kratom before public awareness of the plant. Also, we had limited scientific research at that time. Those three states were Wisconsin, Indiana, and Arkansas.

Here is a complete list of states where Kratom is restricted: 

1. Wisconsin
2. Indiana
3. Arkansas
4. Alabama
5. Vermont
6. Rhode Island
7. Louisiana
8. Connecticut

States Where Kratom Has Restrictions

States have jurisdiction from a state level, but local municipalities have the same power on the local level. The government policies in towns, cities, and counties can differ from the state. Right now, there are six states where municipal bodies have passed anti-Kratom laws. 

1. Colorado: Kratom is legal in the state; however, Denver restricted Kratom in city limits for human consumption. A couple of other towns have recently placed temporary retail bans, too.
2. California: While it’s legal on the state level, two cities have restricted it altogether: San Diego and Oceanside.
3. New Hampshire: You can buy and take Kratom in all parts of the state except for the city of Franklin.
4. Mississippi: Even with Kratom legal, over 20 cities have made kratom illegal locally. Plus, almost a dozen counties have done the same. You should contact your local government if you live there. Laws are constantly changing. 
5. Illinois: So far, four cities have taken it upon themselves to restrict Kratom. In Alton, Edwardsville, Glen Carbon, and Jerseyville, Kratom is illegal. 
6. Florida: Right now, Kratom is legal everywhere in Florida except for Sarasota County. Stay clear of that county when possessing Kratom.

Local laws change frequently. So, it’s very important stay aware of the laws where you live.

States where Kratom is Legal

There are 44 states that have maintained the federal legal status of Kratom. The graphic below shows which states Kratom is legal. Still, some of those states have municipalities in them that have restricted it. We discussed that in the previous topic.

Laws get overturned all the time, and new ordinances are passed daily. Your best bet to stay informed of Kratom laws is to contact your local government leaders.

Here is a complete list of states where Kratom is legal:

• Important reminder: Kratom is legal in Colorado, California, Florida, Illinois, Mississippi, and New Hampshire, as shown above. There are local areas within those states that have restrictions on the plant.

Is Kratom an Opioid?

This is a hotly debated topic.

The FDA argues that Kratom should be classified as an opioid because its alkaloids interact with opioid receptors in the brain. But many scientists disagree.

Researchers describe Kratom as an “atypical opioid.” That means it interacts with some of the same receptors but behaves very differently from classical opioids. For example:

• Kratom alkaloids (like mitragynine) don’t create the same level of respiratory depression or addictive risk as traditional opioids.

• Its pain-relieving effects don’t rely exclusively on the mu-opioid receptor.

In short: Kratom is not a classical opioid. It deserves its own category, and with continued research, we hope to solidify a more accurate classification.

A Look Back: Kratom’s Legal History

Kratom has been used in Thailand, Indonesia, and Malaysia for centuries. But during the mid-20th century, global drug policy began to tighten.

• Thailand banned Kratom in 1943 due to tax conflicts with opium.

• Malaysia followed in 1952.

• Indonesia, however, continued cultivating and using Kratom, and is now one of the world’s largest exporters.

Today, despite FDA opposition, Kratom remains legal in the U.S. thanks to public pressure, legal advocacy, and scientific pushback.

Will the FDA Ban Kratom?

In 2016, the DEA announced an emergency plan to schedule Kratom as a Schedule I substance, alongside drugs like heroin. But the Kratom community sprang into action.

Petitions, protests, and bipartisan political pressure forced the DEA to reverse course. It was a massive win, but the FDA hasn’t stopped its anti-Kratom efforts.

Thailand Legalizes Kratom

Thailand once restricted Kratom back in the early 1940s. It was for monetary reasons. At the time, the government created a tax for opium and tax collectors didn’t want to lose any of the revenue because of Kratom. So in turn, the government made Kratom illegal.

Fortunately, Thailand made amends for its actions back in August 2021. The Thai government decriminalized the sale and possession of Kratom in the country. That gave a long-lost folk remedy back to the nation’s residents. Natives no longer must fear the threat of imprisonment for using a harmless plant provided by nature. The locals once again have access to an herbal remedy their ancestors used for centuries without persecution.

With further regulations, local farmers can hopefully prosper from the global Kratom trade. A new cash crop would help the farming community of the developing country.

The Kratom Consumer Protection Act (KCPA)

Because Kratom isn’t federally regulated, there are no mandatory safety or quality standards. That’s why the Kratom Consumer Protection Act (KCPA) was created. It sets clear guidelines for:

• Age restrictions

• Labeling requirements

• Testing for contaminants and heavy metals

• Proper manufacturing practices

States That Have Passed the KCPA:

• Utah – First to pass in 2019

• Georgia – Passed April 2019

• Arizona – Passed April 2019

• Nevada – Passed summer 2019

• Oklahoma – Passed in May 2021

Other states have considered KCPA bills, but not all efforts have succeeded. In Oregon, for example, the bill passed through the legislature but was vetoed by the governor.

The Future of Kratom

The future of Kratom in the U.S. and globally is still unfolding. The World Health Organization (WHO) has not classified Kratom as a controlled substance, yet it remains under review.

But here’s the good news: You can help shape Kratom’s future.

Support advocacy organizations like the American Kratom Association (AKA), which fights tirelessly to keep Kratom legal and safe. You can also:

• Contact your lawmakers and voice your support.

• Stay informed on local laws and bans.

• Support Kratom companies that give back to the cause.