Current Legal Status and Legislative Updates On Kratom
Kratom’s legal status in the United States varies significantly by state. As of now, it is completely illegal in states like Alabama and Wisconsin, where possession can lead to severe penalties. Conversely, states like Alaska and New Mexico have no restrictions, making Kratom fully legal. Several states, including Arizona and Utah, regulate Kratom through the Kratom Consumer Protection Act (KCPA), ensuring product safety and age restrictions.
Other states like Florida and Georgia have also adopted similar regulatory frameworks. Despite these regulations, there are still ongoing legislative efforts in many states, with some aiming to ban Kratom entirely and others seeking to impose stricter controls or quality standards. The dynamic nature of Kratom legislation highlights the ongoing debate over its safety and benefits.
Alabama Kratom Legal Status and Legislation Update
Legal Status: Illegal. Possession of 250 grams or more can result in felony drug-trafficking charges. See the case of Shaina Brown for reference.
Current Bill: No current bills
Past Bills:
- SB 226 (2016) banned Kratom.
- Petitions in 2016 and 2017 to overturn the ban, both unsuccessful.
In 2016, Alabama added Kratom’s primary alkaloids, mitragynine and 7-hydroxymitragynine, to the Schedule I controlled substances list. This classification, which inaccurately identifies these alkaloids as synthetic substances, has made the possession, sale, manufacturing, and purchase of Kratom illegal in Alabama. Despite efforts through petitions in 2016 and 2017 to reverse this decision, the ban remains in effect.
Alaska Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: No current bills
Past Bills: No past bills
Alaska currently has no restrictions or pending legislation regarding Kratom. The state has not seen any past efforts to regulate or ban the substance.
Arizona Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated by the Kratom Consumer Protection Act (KCPA) since 2019
Current Bill: None
Past Bills:
- HB2601 (2022) updated language and penalties under the KCPA.
Arizona passed the KCPA in April 2019, establishing Kratom as a regulated legal substance. Prior to this, AZ HB2453, which would have classified Kratom’s main components as controlled substances, was revised to exclude Kratom. This act ensures that Kratom is sold in regulated quality across the state. Consumers can find Kratom in tobacco and herb stores, particularly in Phoenix, or even in vending machines.
Arkansas Kratom Legal Status and Legislation Update
Legal Status: Illegal
Current Bill: No current bills
Past Bills: Kratom was classified as a Schedule I substance in 2015.
In 2015, Arkansas classified Kratom and its main alkaloids as Schedule I substances, considering them as highly addictive with no accepted medical use. Enforcement has been strict, with the Fourth Judicial Drug Task Force taking action against businesses continuing to sell Kratom post-ban. The decision followed health incidents linked to Kratom and FDA recommendations.
California Kratom Legal Status and Legislation Update
Legal Status: Legal (except in San Diego)
Current Bill: No current bills
Past Bills: No past bills
California allows Kratom use statewide except in San Diego, where it has been banned since June 2016. The San Diego City Council prohibited the possession, sale, manufacture, and distribution of Kratom, alongside other synthetic and psychoactive substances, within city limits.
Colorado Kratom Legal Status and Legislation Update
Legal Status: Legal, with restrictions in Parker and Monument. In Denver, it must be sold as “not for human consumption”.
Current Bill: None
Past Bills:
- SB147 (2023) required testing and registration of Kratom products, failed.
- SB120 (2022) regulated the manufacture and sale to those over 21.
Kratom is legal in Colorado, though some cities have restrictions. Parker and Monument have banned Kratom entirely, while Denver requires it to be labeled as “not for human consumption”. Retailers in Denver must also provide information on potential dangers and legal stipulations against recommending its use.
Connecticut Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- HB05134 (2023) required a study on Kratom, died in session.
- SB00920 (2023) aimed to prohibit sales to individuals under 21, died in session.
Connecticut has no active restrictions or current legislation on Kratom. Past efforts to study or regulate the substance have not been successful.
Delaware Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: No current bills
Past Bills: No past bills
Delaware currently has no restrictions on Kratom and has seen no legislative efforts to regulate or ban the substance.
Florida Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated under the Kratom Consumer Protection Act (2023), except in Sarasota County.
Current Bill: None
Past Bills:
- H0179/S0136 (2023) passed the Florida Kratom Consumer Protection Act.
- Previous attempts to ban or regulate Kratom statewide failed.
Florida regulates Kratom through the Kratom Consumer Protection Act, which prohibits sales to individuals under 21 and mandates specific labeling and quality standards. Despite earlier bans in Sarasota County based on misconceptions about Kratom being a designer drug, statewide regulations now ensure its controlled sale.
Georgia Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated under KCPA
Current Bill: No current bills
Past Bills:
- HB181 (2023) proposed a ban but was tabled.
- HB551 (2020) passed a version of the KCPA.
In Georgia, the Kratom Consumer Protection Act regulates access to Kratom for those 18 and older and imposes strict labeling requirements. Past attempts to ban Kratom were unsuccessful due to positive testimonies from users and supporters.
Hawaii Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: Hawaii HB2356 and SB3307 (Kratom Consumer Protection Act)
Past Bills:
- SB 3064 (2020) would have banned Kratom.
Hawaii has proposed legislation to regulate Kratom through the Kratom Consumer Protection Act, which would ban adulterated products and sales to minors, among other requirements. Past attempts to ban Kratom have not been successful.
Idaho Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: No current bills
Past Bills: No past bills
Idaho has no past or current bills regarding Kratom, making it fully legal to sell and buy. Kratom can be purchased in various health, supplement, and specialty stores.
Illinois Kratom Legal Status and Legislation Update
Legal Status: Legal and age-regulated. Banned in Jerseyville and Alton.
Current Bill: None
Past Bills:
- SB1847, HB2868 (2023) KCPA bills, died in committee.
- SB3948 (2022) Kratom Consumer Protection, in assignments committee.
- HB5526 (2014) age restrictions.
- HB4106 (2018) proposed wider restrictions, died.
Illinois regulates Kratom, allowing sales only to those 18 and older, with specific labeling requirements. Past legislative efforts have aimed to impose stricter regulations, but many have failed. Notably, two cities, Jerseyville and Alton, have banned Kratom outright.
Indiana Kratom Legal Status and Legislation Update
Legal Status: Illegal
Current Bill: None
Past Bills:
- HB1500 (2023) aimed to legalize Kratom but died in Senate.
- SB 305 (2014) banned Kratom.
Indiana classified Kratom and its alkaloids as hallucinogenic substances under its controlled substances list, making Kratom illegal. Recent efforts to legalize and regulate Kratom were unsuccessful.
Iowa Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: No current bills
Past Bills:
- HF 2355 (2014) failed to ban Kratom.
A 2014 bill aimed to ban Kratom in Iowa, but it did not pass. Consequently, Kratom remains legal and unregulated in Iowa.
Kansas Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- HB2188, HB2084 (2023) KCPA bills, died.
- HB2056 (2022) regulated sale and distribution, died.
- SB 282 (2018) proposed banning Kratom, failed.
Kansas has seen multiple attempts to regulate Kratom under the Kratom Consumer Protection Act, all of which have failed. Kratom remains legal and unregulated.
Kentucky Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: HB142 Ban bill (2022) proposed but not passed.
Past Bills:
- SB1/LM, SB136 (failed).
- Previous attempts to ban Kratom as a Schedule I drug.
Kentucky has faced several legislative efforts to ban or regulate Kratom, but none have succeeded. Kratom remains legal, though future attempts to categorize it under a new Schedule A are possible.
Louisiana Kratom Legal Status and Legislation Update
Legal Status: Legal, with restrictions in some parishes and municipalities.
Current Bill: None
Past Bills:
- SB94 (2023) restricted sales to adults only.
- LA HR203 (2019) study request passed.
- LA HB19 (2014, failed).
- LA HB174 (2015, Kratom excluded).
- LA HR177 (2018) study request.
While Kratom is legal in Louisiana, certain parishes and municipalities have imposed restrictions. SB94 limits sales to adults, and past bills have focused on studying Kratom’s effects.
Maine Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- A 2017 bill aimed to add Mitragynine to the controlled substances list but was left out.
Maine has no active restrictions on Kratom. Past legislative efforts to ban or regulate it have failed.
Maryland Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- SB147 (2020) would have regulated sales, died.
- HB283 (2020) proposed a full ban, died.
Maryland allows Kratom, though there have been past attempts to regulate or ban the substance. Future legislative efforts could arise as the debate continues.
Massachusetts Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- H3762 (2023) proposed penalties for selling contaminated Kratom, died.
Massachusetts has no active restrictions on Kratom, though past bills aimed to impose penalties for selling contaminated products.
Michigan Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: HB4061 (2023) proposes regulation of distribution, sale, and manufacturing.
Past Bills:
- HB5477 (2022) KCPA bill, died.
- SB 0433 (2019) ban bill, died.
- HB 5707, HB 5736 (2014) both died.
Michigan allows Kratom, with ongoing efforts to establish the Kratom Consumer Protection Act. Past attempts to ban or regulate Kratom have not been successful.
Minnesota Kratom Legal Status and Legislation Update
Legal Status: Legal and age-regulated
Current Bill: None
Past Bills:
- HF1066 (2023) extended consumer protection, died.
- HF4815 (2022) KCPA bill, died.
- SF 2578 (2017-2018) regulated sale and possession.
Minnesota regulates Kratom sales to individuals aged 18 or older and prohibits its possession by minors. Efforts to impose further regulations have not passed.
Mississippi Kratom Legal Status and Legislation Update
Legal Status: Banned in 33 counties and cities, legal elsewhere.
Current Bill: None
Past Bills:
- Multiple bills proposed and died in 2023.
- HB838 (2023) proposed KCPA, died.
- HB364, HB5 (2023) proposed bans, died.
- HB681 (2022) proposed ban, died.
Mississippi has seen numerous legislative efforts to ban or regulate Kratom, many of which have failed. The substance is banned in several counties and cities, with ongoing debates about its safety and regulation.
Missouri Kratom Legal Status and Legislation Update
Legal Status: Legal, with regulation in St. Louis County.
Current Bill: None
Past Bills:
- HB912, SB504 (2023) proposed KCPA, died.
- HB1667, SB774 (2022) proposed KCPA, died.
Missouri allows Kratom statewide, with specific regulations in St. Louis County. Legislative efforts to impose statewide regulations have not passed.
Montana Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- HB437 (2023) proposed adding Kratom to Schedule I, amended to regulate cannabinoids.
- HB373 (2023) proposed banning sales to minors, missed deadline.
- SB471 (2023) proposed banning sales to minors, tabled.
Montana currently has no restrictions on Kratom. Past legislative efforts to ban or regulate its sale have not been successful.
Nebraska Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills: None
Nebraska has no past or current bills regarding Kratom, making it fully legal to sell and buy.
Nevada Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated by KCPA (2019)
Current Bill: None
Past Bills:
- AB322 (2023) KCPA bill, vetoed.
- AB303 (2019) passed KCPA.
Nevada regulates Kratom through the Kratom Consumer Protection Act, ensuring product registration, age restrictions, and labeling requirements. Attempts to pass additional regulations have not succeeded.
New Hampshire Kratom Legal Status and Legislation Update
Legal Status: Legal, aged regulated, illegal in Franklin City.
Current Bill: HB333 (2021) proposed regulation, referred for interim study.
Past Bills:
- SB758, NH SB540 (2016) proposed banning Kratom, ended up restricting to minors.
- Franklin City banned Kratom in 2019.
New Hampshire regulates Kratom sales to individuals aged 18 or older, with a ban in Franklin City. Past efforts to impose a statewide ban have not succeeded.
New Jersey Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: S3549 (2023) KCPA
Past Bills:
- A4071 (2022) proposed regulation, died.
- A2642 (2022) proposed ban, died.
- AB2865 (2018) proposed regulation, died.
- A2236 (2020) proposed ban, died.
- A3797 (2024) CJ’s Law Kratom Ban Bill Currently filed.
New Jersey allows Kratom, though past legislative efforts to regulate or ban the substance have not passed. The Kratom Consumer Protection Act has been proposed for future regulation.
New Mexico Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills: None
New Mexico has no past or current bills regarding Kratom, making it fully legal to sell and buy.
New York Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- A02983/S00488 (2023) proposed KCPA, died.
- S3588 (2021) proposed KCPA, died.
- NY A08787, NY S06924, NY A00231 (2018) proposed bans, died.
New York has seen several legislative efforts to ban or regulate Kratom, all of which have failed. The substance remains legal and unregulated.
North Carolina Kratom Legal Status and Legislation Update
Legal Status: Legal, age-regulated
Current Bill: None
Past Bills:
- Intention to ban Kratom in 2016, unsuccessful.
North Carolina regulates Kratom sales to individuals aged 18 or older. Past efforts to ban the substance were unsuccessful.
North Dakota Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills: None
North Dakota has no past or current bills regarding Kratom, making it fully legal to sell and buy.
Ohio Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: SB103 (2023) proposed KCPA
Past Bills:
- HB236 (2022) proposed KCPA, passed House.
- HB318 (2019) proposed KCPA, pending.
- Ohio Board of Pharmacy proposed banning Kratom in 2018.
Ohio has seen efforts to regulate Kratom through the Kratom Consumer Protection Act. Past attempts to ban the substance were put on hold following public advocacy and comments.
Oklahoma Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- HB1784 (2021) passed KCPA.
- HB2846, HB2666 (Kratom removed from bill).
Oklahoma regulates Kratom through the Kratom Consumer Protection Act, ensuring product safety and quality. Past efforts to ban the substance were unsuccessful.
Oregon Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: HB4010 (2022) passed into law.
Past Bills:
- SB 1005 (2019) proposed ban, failed.
- SB 518 (2017) proposed ban, failed.
Oregon allows Kratom, with ongoing efforts to regulate its sale and distribution. Past attempts to ban the substance have not succeeded.
Pennsylvania Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: SB614 (2023) KCPA
Past Bills:
- HB2357 (2021) proposed regulation, died.
- HR460 (2019) urged FDA guidelines.
Pennsylvania allows Kratom, though legislative efforts to regulate the substance have been proposed. Past bills have not passed, but the debate continues.
Rhode Island Kratom Legal Status and Legislation Update
Legal Status: Illegal
Current Bill: None
Past Bills:
- H5330/S0329 (2023) proposed KCPA, died.
- H7595 (2022) proposed KCPA, uncertain language about repealing ban.
- Kratom alkaloids included in Controlled Substances Act (2017).
Rhode Island classifies Kratom’s main alkaloids as controlled substances, making Kratom illegal. Legislative efforts to regulate and legalize the substance through the Rhode Island Kratom Consumer Protection Act has not passed.
South Carolina Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- H3742 (2023) proposed adding Kratom to Schedule IV, did not pass.
South Carolina allows Kratom, though past efforts to classify it as a controlled substance have not succeeded.
South Dakota Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills: None
South Dakota has no past or current bills regarding Kratom, making it fully legal to sell and buy.
Tennessee Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated
Current Bill: None
Past Bills:
- HB0861, SB0370 (2023) proposed updating KCPA, failed.
- SB1390 (2022) proposed KCPA, died.
- HB1832, SB2258 (2018) regulated sales.
Tennessee regulates Kratom, ensuring that it cannot be sold to individuals under 21 and that products are properly labeled. Past legislative efforts have focused on clarifying these regulations.
Texas Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated under KCPA
Current Bill: None
Past Bills:
- SB497 (2023) KCPA, passed.
- HB861 (2022) KCPA, introduced.
Texas regulates Kratom through the Kratom Consumer Protection Act, ensuring product safety and quality. Past legislative efforts to impose additional regulations have not passed.
Utah Kratom Legal Status and Legislation Update
Legal Status: Legal and regulated by KCPA (2019)
Current Bill: None
Past Bills:
- UT HB0110 (2017) proposed adding Kratom to controlled substances, amended.
Utah regulates Kratom through the Kratom Consumer Protection Act, ensuring product safety and quality. Past legislative efforts to ban the substance were unsuccessful.
Vermont Kratom Legal Status and Legislation Update
Legal Status: Illegal
Current Bill: None
Past Bills:
- S0128 (2023) proposed legalization and regulation, did not pass.
- H310 (2021) proposed regulation, died.
Vermont does not allow Kratom, though past legislative efforts to regulate the substance have not passed, efforts are still underway to legalize kratom in Vermont.
Virginia Kratom Legal Status and Legislation Update
Legal Status: Legal, regulated under KCPA
Current Bill: None
Past Bills:
- SB1108 (2023) KCPA, passed.
- HB1307 (2022) proposed regulation, died.
Virginia regulates Kratom through the Kratom Consumer Protection Act, ensuring product safety and quality. Past legislative efforts to impose additional regulations have not passed.
Washington Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- SB5743 (2022) proposed ban.
- SB5941 (2022) proposed KCPA.
Washington allows Kratom, with ongoing legislative efforts to regulate or ban the substance. Past efforts to ban Kratom were replaced by proposals for regulation.
Washington D.C. Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills:
- Kratom alkaloid included in controlled substances list (2016), removed (2018).
Washington D.C. allows Kratom, with no current bills pending.
West Virginia Kratom Legal Status and Legislation Update
Legal Status: Legal, regulated under KCPA
Current Bill: None
Past Bills:
- SB220 (2023) KCPA, passed.
- SB225 (2023) proposed ban, did not pass.
- SB666 (2022) proposed adding Kratom to Schedule I, withdrawn.
West Virginia regulates Kratom through the Kratom Consumer Protection Act, ensuring product safety and quality. Past legislative efforts to ban the substance have not succeeded.
Wisconsin Kratom Legal Status and Legislation Update
Legal Status: Illegal (2014, WI SB325)
Current Bill: AB393/SB445 (2023) proposed legalization and regulation
Past Bills:
- AB599 (2022) proposed KCPA, died.
- SB958 (2022) proposed KCPA, died.
- WI SB325 (2014) banned Kratom.
Wisconsin classifies Kratom as a Schedule I controlled substance, making it illegal. Legislative efforts to legalize and regulate the substance through the Kratom Consumer Protection Act are ongoing.
Wyoming Kratom Legal Status and Legislation Update
Legal Status: Legal
Current Bill: None
Past Bills: None
Wyoming has no past or current bills regarding Kratom, making it fully legal to sell and buy.