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Kratom Legal Status in 2022 for the United States – Is Kratom Legal?

Kratom Legal Status in 2022 for the United States – Is Kratom Legal?

The State of Kratom in 2021-2022

Below you will find a list of US States and their current legal status regarding the sales and possession of Kratom. This information was collected from American Kratom Association, a legal advocacy group that has been supporting consumers, educating regulators, and providing global awareness about Kratom since 2014. AKA’s website can be found here.

Is Kratom Legal? Here are Some US states with Kratom bans:

Alabama – Banned. As of May 10, 2016, SB226 makes Kratom a schedule 1 controlled substance. The AKA has retained a lobbyist in Alabama and discussions are actively ongoing on replacing the current ban with the Kratom Consumer Protection Act (KCPA).

Arkansas – Banned. As of Feb 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 (KCPA) replace the current ban.

Indiana – Banned. SB305 incorrectly identifies Kratom as a synthetic drug and thus scheduled Kratom as part of Indiana’s synthetic controlled substances legislation. Advocacy and education efforts are underway with the regulators and legislators of jurisdiction to correct the mischaracterization of Kratom, and that Kratom is legal. The AKA plans to have the Kratom Consumer Protection Act (KCPA) filed in the next Legislative session to remove the ban on Kratom’s legal status.

Rhode Island – Banned. In 2017, the Director of Public Health added Kratom to the controlled substances list. SB 2687 and HB 7289, the Kratom Consumer Protection Act (KCPA), has been filed and will replace the ban when they pass the Legislature. The Department of Health has been objecting that Kratom is legal, but their arguments are based on outdated science.

Vermont – Banned. Vermont classifies one of the primary alkaloids in Kratom, 7-OH (hydroxy mitragynine), as a regulated drug (Title 18 V.S.A. § 4205), effectively banning Kratom in the state of Vermont. H 78 is filed and will decriminalize and thus change Kratom’s legal status.

Wisconsin – Banned. The Senate Health Committee voted unanimously to open a Committee Bill to replace the ban with the Kratom Consumer Protection Act (KCPA). Wisconsin classified the primary alkaloids in Kratom, mitragynine, and 7-OH (hydroxy mitragynine), as Schedule I (Wis Stat. § 961.14), effectively banning kratom, meaning that kratom is not legal in the state of Wisconsin.

US states with some known local bans:

California – Kratom’s Legal Status: Legal w/exceptions 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 Kratom Consumer Protection Act (KCPA) concept.

Colorado – Status of Kratom is Legal w/exceptions. The Kratom Consumer Protection Act (KCPA) is being considered by the Legislature, but it is unclear if the Legislature will take up non-COVID legislation in the remaining session.

Florida – Kratom’s Legal Status: Legal w/exceptions. The AKA has a lobbyist retained in Florida and expects filing of the Kratom Consumer Protection Act (KCPA) in the next Legislative session. In 2017, HB183 and SB424 were proposed to ban Kratom. Thanks to the very hard work of Kratom advocates, these bills died in committee. The same was true in 2016 when two proposed bans (HB 73 and SB 11) did not pass and died in committee.

Illinois – Status of Kratom is Legal w/exceptions. The AKA has a lobbyist working with the Legislature currently. The Kratom Consumer Protection Act (KCPA) has been filed and is awaiting Hearings in the current Legislative session. The FDA and anti-Kratom forces have been active and several local governments have imposed bans because of the disinformation that has been circulated. Jerseyville passed its Kratom legal status in 2017.

Mississippi – Kratom’s Legal Status: Legal w/exceptions. 3 bills were proposed to ban Kratom in the current Legislative session, but all of them failed. The Senate ban proposed by Senator Younger was rejected by the Senate Drug Policy Committee, and the Committee unanimously voted to replace the proposed ban with the Kratom Consumer Protection Act (KCPA). Previous attempts to question if Kratom is legal were also defeated. Anti-Kratom zealots, backed by the FDA disinformation campaign, have convinced some local jurisdictions to impose local bans, and the AKA continues to oppose these efforts.

North Carolina – The status of Kratom is that it is Legal w/exceptions. Legal with an age restriction for 18+. Previous legislation to completely ban Kratom in 2016 failed.

New Hampshire – The status of Kratom is that it is Legal w/exceptions. Legal. 18+ per (SB540). Senate unanimously passed the Kratom Consumer Protection Act (KCPA) that was a substitute for the proposed ban offered by the sponsor, and it is awaiting action when the Legislature reconvenes. Thanks to the 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 establish an age restriction of 18+.

Tennessee – Kratom’s Legal Status: Legal w/exceptions. 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+.

US states where Kratom is Legal and have passed the Kratom Consumer Protection Act (KCPA):

Arizona – Kratom’s Legal Status: Legal. Kratom Consumer Protection Act passed. The Legislature passed the KCPA unanimously in both the House and Senate.

Georgia – Legal. Kratom Consumer Protection Act passed. An earlier proposed ban on Kratom that was included in the controlled substances list in HB 783 was removed from the bill due to the excellent work of Kratom advocates.

Nevada – Kratom’s Legal Status: Legal. Kratom Consumer Protection Act passed unanimously in the Senate and overwhelmingly in the House.

Oklahoma – Legal. HB 2846, Kratom Consumer Protection Act (KCPA). Oklahoma’s Governor signed the KCPA May 2021, making Oklahoma the 5th state to enact protections for Kratom consumers.

Utah – Kratom Legal Status: Kratom Consumer Protection Act passed.

US states where Kratom is Legal:

Alaska – Kratom’s Legal Status: Legal. No known active or pending legislative action.

Connecticut – Kratom is legal. No known active or pending legislative action.

Delaware – Kratom’s Legal Status: Legal. No known active or pending legislative action.

Hawaii – Kratom is legal. A proposed ban in the current Legislative session died in committee, and the ban sponsors invited the AKA to provide more information on the KCPA.

Idaho – Kratom is legal. The proposed KCPA for Idaho was contested by the Idaho Freedom Foundation because it imposes registration fees and regulations on Kratom vendors. The AKA is working with the Foundation staff to clear up misunderstandings about the intent and effects of these proposed regulations and expects the KCPA will pass in the next Legislative session.

Iowa – Kratom Legal Status: No known active or pending legislative action. In 2014, a proposed Kratom ban (HB 640 / HF 2355) was introduced but died in Committee.

Kansas – Kratom is legal. The KCPA passed unanimously out of the Committee on Federal and State Affairs on Feb 24, 2020. Previously, it was proposed that Kratom be added to the controlled substances list in Senate Bill SB282, but Kratom was stripped from the list prior to it being passed and signed by the Governor.

Kentucky – Legal. A Kratom legal status was proposed in SB136 but that bill was defeated because of the hard work of Kratom advocates.

Louisiana – Legal. HB 523, the KCPA is filed and the House Health Committee is expected to take up the bill in May 2020. The Louisiana Department of Health is aggressively contesting the KCPA on the basis that the FDA has informed them that the DEA will schedule Kratom very soon.

Maine – Kratom is legal. A proposed ban on Kratom several years ago in the Senate. LD1546 was defeated.

Maryland – Legal. Senator Young filed MD SB147 which would have criminalized Kratom, but the sponsor supported replacing the ban with an 18 and under age restriction and advocates for an expanded review of the KCPA in Maryland.

Massachusetts – Kratom is legal. No known active or pending legislative action.

Michigan – Legal. The AKA has a lobbyist working with Senator Bizon who had previously proposed to ban Kratom completely but is now expected to file the KCPA. A previously proposed ban (HB 5707) was defeated during the 2014 legislative session.

Missouri – Legal. Passed the KCPA out of the House on a 139-6 vote on Feb 20, 2020, and is now awaiting action in the Senate.

Minnesota – Kratom is legal. No known active or pending legislative action.

Montana – Legal. No known active or pending legislative action. Some local drug addiction programs have started to disseminate the FDA disinformation talking points so the AKA is aggressively contacting local stakeholders to correct the record on the safety of Kratom.

Nebraska – Legal. No known active or pending legislative action.

New Jersey – Kratom Legal Status: Kratom Consumer Protection Act (KCPA) filing pending. Assemblyman Ron Dancer previously introduced legislation A4431 and A3461 that would criminalize the manufacture, sale, and possession of substances containing Kratom; those bills did not pass. A2865 has been introduced once again to try and ban Kratom Statewide. Committee leaders in the Law & Public Safety Committee have indicated they do not favor the Kratom ban.

New Mexico – Kratom is legal. No known active or pending legislative action.

New York – Legal. S 6104 – the KCPA has been filed. Various bills have been introduced over the past few years, including s 168 (bans sales to minors under 18); S 5531 (bans sales to minors under 21); A8249 (bans sales to minors under 21). Previous bills to ban the sale and distribution of Kratom have failed.

North Dakota – Legal. No known active or pending legislative action.

Ohio – Legal. HB 318, the KCPA, is filed and is assigned to the House Committee on Health. The Ohio Board of Pharmacy attempted to schedule Kratom as a schedule I substance. The AKA actively fought this action and the Board of Pharmacy withdrew its Kratom scheduling proposal.

Oregon – Kratom Legal Status: HB 4013, the KCPA passed out of the Senate in 2021 and the House unanimously on Feb 18, 2020. The Governor is expected to sign.

Pennsylvania – Legal. A bipartisan group of Legislators is working on a version of the KCPA that they will be filing soon.

South Carolina – Legal. The AKA is working with Legislators in developing a regulatory framework for their version of the KCPA.

South Dakota – Legal. The Legislature rejected the proposed bans on Kratom and decided to conduct a review of the KCPA.

Texas – Legal. No known active or pending legislative action.

Virginia – Kratom is legal. A bill to have the Virginia Board of Pharmacy conduct a study of Kratom and make a recommendation on whether to ban it was tabled in Committee and died there.

Washington – Kratom’s legal status: Legal. No known active or pending legislative action.

West Virginia – Kratom is legal. An attempt was made in the last days of the most recent Legislative session to add Kratom to the Controlled Substances List. When this stealth attempt to ban Kratom was discovered, the Senate unanimously voted to strip Kratom from the list.

Wyoming – Kratom Legal Status: No known active or pending legislative action.

Do you have questions about the legal status of kratom in your region, or want to get involved with your community in support of Kratom? Contact Kratom Trading Co today and we can help clarify anything surrounding the legal status of Kratom in your region.

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