Kratom legality state by state list
Kratom Legal?
State lawmakers who are crafting kratom legislation should hear from American kratom consumers. These consumers may buy kratom from vendors in their states and want to travel freely throughout the country.
We should not look at kratom consumers as criminals. We are people who drink kratom tea for a better quality of life. This is not 1937 anymore and we have different tools in our toolbox to fight misinformation.
Make a Difference in Kratom Legality and Tell your kratom story
If you live in any of the states listed below, It is essential for state legislators to hear from you. State lawmakers tend to be more attentive to their constituents. Constituents have the power to remove lawmakers from office by voting them out.
To find your own state representatives and senators, we recommend an address lookup tool like Plural Policy. Remember these are STATE bills, so contact your STATE representative and STATE senator, not federal.
Your story is powerful and can greatly influence any situation, particularly when expressing your support or opposition to a bill. It is crucial to recognize that your personal experiences and perspectives are invaluable in shaping the narrative and influencing decision-makers. Share your kratom story to highlight how it has affected your life, including its benefits, challenges, and overall impact.
When it comes to advocating for or against a bill, policymakers need to understand the real-life implications of their decisions. Your story can provide them with a human connection, allowing them to see beyond the statistics and regulations. Share your experience with kratom. This will help lawmakers understand the positive impact it has on your well-being, mental health, and overall quality of life.
This information can guide them in making informed decisions and implementing appropriate regulations to ensure public safety.
Your kratom story is one of triumph and it is essential to let your voice be heard. Your unique perspective can contribute to a more comprehensive understanding of kratom’s impact on individuals and society as a whole. By emailing your story, you can reach many people, including policymakers, advocacy groups, and other kratom consumers.
Remember, your story matters. It has the potential to shape policies, influence public opinion, and ultimately make a difference.
So, take the time to craft a compelling email that effectively conveys your experiences, emotions, and thoughts regarding kratom. By doing so, you are not only advocating for yourself but also for the entire kratom community. Let your voice be heard and tell your kratom story today.
How old do you have to be to buy kratom?
The Kratom Consumer Protection Act, commonly referred to as KCPA, is a legislative measure that has been adopted by several states in the United States. This law regulates the sale and distribution of kratom, a tree native to Southeast Asia. People commonly use kratom for its medicinal properties.
One of the key provisions of the KCPA is the establishment of age limits for purchasing kratom. Most states that have implemented this act have set the age limit at either 18 or 21 years old. This means that we prohibit individuals below the specified age from buying kratom products.
The decision to set the age limit at either 18 or 21 varies from state to state. Some states have decided that 18 is the legal age for adulthood, voting, and military service. Some states have chosen 21 as the age for various things, like drinking and being seen as fully grown.
The age limit for buying kratom is set to prevent minors and uninformed individuals from accessing it. This is done to ensure that only those who understand the risks and benefits of kratom are able to purchase it. By restricting access to kratom products, states aim to protect vulnerable populations, such as teenagers, from potential harm or misuse.
It is important to note that the specific age limit may vary depending on the state. It’s important to know the laws in your state before buying kratom. It’s important to consult healthcare professionals or experts about the risks and effects of using kratom. This applies to individuals of all ages.
How to contact your state representative?
We have compiled a list of all current state kratom bills. It includes the sponsor’s phone number, email address, and/or a link to a contact form.
For bills in committee, we’ve provided a link to the committee’s website, if available. These websites usually include contact information for the committee or its individual members.
We often use Legiscan and link to it frequently. However, we also read every bill carefully and craft our summaries to provide the most accurate information to the kratom community.
Colorado – Session ended
Legal Status: Currently legal, except for Denver, Parker, and Monument
Current Bill: SB147 – Introduced 2/10/23. Requires all kratom products to be tested and registered with the Department of Revenue. Failed on February 28 2023 after Senate Committee on Finance postponed indefinitely
Sponsors: Sen. Joann Ginal, Sen. Tom Sullivan Contact: joann.ginal.senate@coleg.gov, tom.sullivan.senate@coleg.gov
Connecticut – Session ends June 7
Legal Status: Currently legal
Current bill: HB05134 An Act Requiring The Department Of Consumer Protection To Conduct A Study And Submit A Report Concerning Kratom. Introduced 1/10/2023 and referred to Joint Committee on General Law. To “study the effects of kratom on the health of adults and children”
Sponsors: Rep. Devin R. Carney, Devin.Carney@housegop.ct.gov, 860-240-8700
Current Committee (as of 2/3/23): General Law Committee, (860) 240‑0470
Current Bill: SB00920: “To prohibit the sale of kratom products to individuals under twenty-one years of age.” Introduced 1/27/23. Public Hearing 2/7/23
Sponsors/Current Committee: Joint Committee on Children
Florida – PASSED KCPA
Legal Status: Currently legal (except for Sarasota County under Code of Ordinances since 2014)
Current bill: H0179 SIGNED BY GOVERNOR JUNE 2, 2023. FLORIDA KCPA IS NOW LAW
For more info, read our summary: Let’s Look at the New Florida Kratom Consumer Protection Act
Georgia
Legal Status: Currently legal and regulated under KCPA
Current Bill: HB181 SENATE TABLED 3/27/23. Substitute bill passed house 3/6/23. No longer schedules mitragynine and 7-hydroxymitragynine. Places restrictions on alkaloid amounts per serving.
Requires kratom be sold behind counter or in locked case. Bans ingestion and sale of kratom e-cigarettes/vapes. Places penalties on vendors.
Sponsors: Contact info here. Rep. Rick Townsend, Rep. Ron Stephens, Rep. Sharon Cooper, Rep. Lee Hawkins, Rep. Shelly Hutchinson, Rep. Kenneth Vance rick.townsend@house.ga.gov, ron.stephens@house.ga.gov, sharon.cooper@house.ga.gov, lee.hawkins@house.ga.gov, shelly.hutchinson@house.ga.gov, kenneth.vance@house.ga.gov
Illinois – Session ended
Legal Status: Currently legal and age-regulated. Banned in certain municipalities.
Current Bills:
SB1847 – Standard KCPA for over 18, testing not required. Introduced 2/9/23
Sponsor: Senator Elgie Sims Contact: Repsims34@gmail.com
HB2868. Kratom Consumer Protection Act, no testing requirements. Introduced 2/16/23 and referred to Rules committee. 2nd Read in house and re-referred to Rules Committee 3/27/23
Sponsor: Rep. Marcus Evans Contact: marcus@repevans.com
Indiana – Session ended
Legal Status: Illegal
Current bill: HB1500, LEGALIZES KRATOM. 3/6/23 in committee. 2/21/23 PASSED HOUSE.
. “Defines “kratom product” as a food product or dietary ingredient; Establishes requirements for the manufacture, labeling, and sale of kratom products. Specifies that a kratom product is not a controlled substance.
Sponsors: Rep. Alan Morrisson, h42@iga.in.gov, 317-232-9753. Rep. Jim Lucas, h69@iga.in.gov, 317-234-9447.
Kansas – Session ended
Current Bills: HB2084 Kratom Consumer Protection Act. Passed committee 2/15/23. “defining kratom as a food product, prohibiting the sale of kratom that is adulterated, requiring persons to be at least 18 years of age for the purchase of such product, establishing civil fines for violations of the act and requiring the secretary of agriculture to adopt rules and regulations for the administration of the act”.
HB2188. “Regulating the sale and distribution of kratom products, requiring the secretary of agriculture to adopt rules and regulations and requiring licensure [sic] of kratom product dealers.”.
Sponsor/Current Committee: HB2084 passed, HB2188 in House Federal and State Affairs Committee
Louisiana – Session ends June 8
Legal Status: Currently legal expect Ascension and Rapides Parish. Law enforcement and rehabilitation industry is lobbying parish by parish for a ban.
Current Bills:
HB14 Places kratom on Schedule 1, will make kratom just as illegal as heroin. Returned to calendar 5/10
SB94. Places kratom on Schedule 1. PASSED Senate, then Amended in House, requested by sponsor Caleb Kleinpeter as not to outlaw kratom statewide, but municipalities and parishes still have that power.
Sponsors: Gabe Firment, Kathy Edmonston Contact: protectkratom.org/louisiana
HB572 with an amendment to change it to 21, changed to HB655 – Kratom Consumer Protection Act. 5/11/23. 6/1/23 Read by title, recommitted to the Committee on Health and Welfare.
Processors must register products an provide 3rd party lab analysis annually to prevent sales of adulterated/contaminated products. Currently in House Agriculture, Forestry, Aquaculture and Rural Development Committee.
Sponsors: Rep. Jonathan Goudeau, hse031@legis.la.gov
Massachusetts
Legal Status: Currently Legal
Current Bill: H3762 Introduced 4/10/23, Hearing scheduled for 06/13/2023 from 01:00 PM-05:00 PM in A-2 In Joint Judiciary Committee. “Relative to establishing a penalty for the sale, preparation, manufacturing, or distribution of kratom products that are contaminated with dangerous non-kratom substances.”
Michigan – session ends 12/31/23
Legal Status: Currently legal
Current Bill: HB4061 Introduced 2/1/23. “regulation of distribution, sale, and manufacturing of kratom products”.
Vendors must obtain a license for each location where they sell. Fee for license application is $200 each. Outlines strict labeling requirements, prohibits sale to under 21, and REQUIRES ALL PRODUCTS to be TESTED IN A LAB.
Sponsors: Contact for all these sponsors can be found here Rep. Lori Stone Rep. Abraham Aiyash Rep. Jim Haadsma Rep. Carrie Rheingans Rep. Sharon MacDonell Rep. Rachel Hood Rep. Felicia Brabec Rep. Tyrone Carter Rep. Julie Rogers Rep. Regina Weiss Rep. Carol Glanville Rep. Penelope Tsernoglou Rep. Emily Dievendorf Rep. Stephanie Young Rep. Erin Byrnes Rep. Jennifer Conlin Rep. Kelly Breen Rep. Donavan McKinney Rep. Joey Andrews
Current Committee (as of 2/3/23): House Regulatory Reform Committee
Minnesota – Session ended
Legal Status: Currently legal and age-regulated
Current Bill: HF1066. Introduced 1/30/23. Extends current consumer protection in Minnesota by prohibiting the sale of adulterated/contaminated kratom. Sales to minors has been illegal since 2018.
Sponsors: Find their contact info here. Rep. Jessica Hanson, Rep. Nolan West, Rep. Aisha Gomez, Rep. Robert Bierman, Rep. Kaela Berg, Rep. Ethan Cha, Rep. Kim Hicks, Rep. Heather Edelson
Mississippi
Legal Status: Banned in 33 counties and cities. Legal in the rest of the state.
Current bills:
HB838. Bizarre bill that creates both a Tianeptine Consumer Protection Act and a KCPA. DIED 2/28/23.
SB2244 Kratom Consumer Protection Act, Introduced 1/13/2023 and referred to Judiciary. Standard KCPA that regulates sale of unadulterated kratom to adults over 21 only. *Died in Committee 1/31/23
HB364 adds kratom and tianeptine to list of Schedule I controlled substances. Introduced and referred to House Drug Policy committee 1/9/2023. *Died in Committee 1/31/23
HB5 adds kratom to list of Schedule I controlled substances. Introduced and referred to Houe Drug Policy committee 1/3/2023 *Died in Committee 1/31/23
Missouri – Session ended
Legal Status: Currently legal statewide. St Louis County has regulated sales.
Current bills:
HB912 – “Creates new provisions relating to the sale of kratom products”. 4/25/23 PASSED HCS committee. Still in House. Fairly standard KCPA, would go in effect in August 2023.
Sponsors: Phil Christofanelli, Phil.Christofanelli@house.mo.gov, 573-751-2250
SB504 – KCPA. 3/23/23 Second Read and Referred S General Laws Committee
Montana – Session ended
Legal Status: Currently legal
Current Bill: HB437 – Would place kratom, the plant and all alkaloids, on Schedule 1. Bill amended as NOT to outlaw kratom, and passed 5/22/23
Current Bill: HB373 would make it unlawful to sell kratom to children. 3/11/23 missed deadline for general bill transmittal. 2/23/23 not passed.
Current Bill SB471 – 4/6/23 Tabled in committee. Would make it unlawful to sell to or give a child kratom and other products.
Sponsor: Ron Marshall, ronmarshallmt87@gmail.com, (406) 579-9498
Nevada – Session ended June 6
Legal status: Currently legal and regulated by the KCPA (2019)
Current Bill: AB322 -6/5/23 Passed House and Senate. KCPA that also requires processors are “registered with the Division of Public and Behavioral Health of the Department of Health and Human Services”. Not sure if governor can still sign if session ended?
Sponsors: Rep. Duy Nguyen, Rep. Steve Yeager, Rep. Cecelia Gonzalez, Sen. Ira Hansen, Rep. Tracy Brown-May, Rep. Jill Dickman, Rep. Reuben D’Silva, Rep. Danielle Gallant, Sen. Rochelle Nguyen; Duy.Nguyen@asm.state.nv.us, Steve.Yeager@asm.state.nv.us, Cecelia.Gonzalez@asm.state.nv.us,
Tracy.BrownMay@asm.state.nv.us, Jill.Dickman@asm.state.nv.us, Reuben.DSilva@asm.state.nv.us, Danielle.Gallant@asm.state.nv.us
New Jersey – session ends 12/31/23
Legal Status: Currently legal
Current Bill: S3549 KCPA introduced 2/2/23. Standard KCPA but it also give the Department of Health power to set testing standards. Prohibits sales to under 21.
Sponsors: Sen. Joseph Lagana senlagana@njleg.org (609) 847-3700 , Rep. Jon Bramnick senbramnick@njleg.org 908-232-2073
Current Committee (as of 2/3/23): Senate Commerce Committee
New York – Session ends 6/8/23
Legal Status: Currently legal
Current Bill: A02983/S00488. Amends New York’s agriculture and markets law to enact a standard kratom consumer protection law.
Sponsors: Donna Lupardo, LupardoD@nyassembly.gov, 518-455-5431. Leroy Comrie, comrie@nysenate.gov, (518) 455-2701. Pamela Helming, helming@nysenate.gov, helming@nysenate.gov, 518-455-2366.
Ohio – Session ends 12/31/23
Legal Status: Currently legal
Current Bill: SB103. Introduced 4/5/23. Referred to Health Committee 4/19/23. Standard KCPA, plus it requires vendors to register all kratom products with the Director of Agriculture.Pennsylvania – Session ends 12/31/23
Legal Status: Currently legal
Current bill: SB614 – Kratom Consumer Protection Act. Over 21, no synthetics or additives, labels requiring safe use and dosage. 4/25/23 Introduced and referred to Health and Human Services CommitteeSponsors: Sen. Tracy Pennycuick, Sen. Wayne Langerholc, Sen. Cris Dush, Sen. Patrick Stefano, Sen. David Argall, Sen. Arthur Haywood
Rhode Island – Session ends 6/30/23
Legal Status: Currently illegal
Current Bill: H5330/S0329. H5330 Scheduled for Consideration 6/8/23.
Kratom Consumer Protection Act. Legalizes kratom and “Regulates the distribution of the product known as ‘Kratom’. Violations are subject to administrative fines from $500 to $1,000.”
S0329 held for further study by committee 5/11/23Sponsors: Sen. Louis Dipalma, Sen. Joshua Miller, Sen. Dawn Euer, Sen. Jonathon Acosta, Sen. Hanna Gallo Contact: sen-dipalma@rilegislature.gov, sen-miller@rilegislature.gov, sen-euer@rilegislature.gov, sen-acosta@rilegislature.gov, sen-gallo@rilegislature.gov
Current Committee: Senate Judiciary
South Carolina – Session ended
Legal Status: Currently legal
Current bill: H3742. 4/5/23 Members names added as sponsor. Adds kratom to the list of Schedule IV substances.
“Tests for inclusion of substance in Schedule IV. The Department will classify a substance as Schedule IV if it meets three criteria.
First, it must be less likely to be abused compared to substances in Schedule III. Second, it must currently be used for medical treatment in the United States. Lastly, it may cause limited physical or psychological dependence compared to substances in Schedule III.
Introduced 1/18/2023 and referred to Judiciary Committee. This would make kratom illegal to manufacture, sell, purchase, or “possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue”.
Sponsors:
Rep. Don Chapman, DonaldChapman@schouse.gov, 803-734-2403
Rep. John West, jaywest@schouse.gov, 803-212-6954
Rep. Anne Thayer, AnneThayer@schouse.gov, 803.734.3113
Rep. Cally Forrest, CalForrest@schouse.gov, 803.212.6938
Rep. Marvin Smith, marksmith@schouse.gov, (803) 212-6719
Rep. Brian Lawson, brianlawson@schouse.gov, (803) 212-6885
Rep. Craig Gagnon, CraigGagnon@schouse.gov, 803.212.6934
Rep. Davey Hiott, DavidHiott@schouse.gov, 803.734.3022
Rep. John Mccravy, JohnMcCravy@schouse.gov, 803.212.6939
Rep. Thomas Beach, thomasbeach@schouse.gov, 803.734.2403
Rep. Thomas Pope, tommypope@schouse.gov, 803-734-2701
Rep. David Vaughan, DavidVaughan@schouse.gov, 803.734.2403
Rep. Timothy McGinnis, TimMcGinnis@schouse.gov, 803.212.6935
Rep. Gary Brewer, GaryBrewer@schouse.gov, (803) 212-6948
Rep. Matthew Leber, matthew@voteleber.com, (843) 227-1331
Rep. Max Hyde, MaxHyde@schouse.gov, 803.212.6790
Rep. Brandon Cox, brandoncox@schouse.gov, (803) 212-6886
Rep. William Sandifer, BillSandifer@schouse.gov, (803) 734-3015
DonaldChapman@schouse.gov, AnneThayer@schouse.gov, CalForrest@schouse.gov, marksmith@schouse.gov, CraigGagnon@schouse.gov, DavidHiott@schouse.gov, JohnMcCravy@schouse.gov, thomasbeach@schouse.gov, DavidVaughan@schouse.gov, TimMcGinnis@schouse.gov, matthew@voteleber.com, MaxHyde@schouse.gov, BillSandifer@schouse.gov, jaywest@schouse.gov, brianlawson@schouse.gov, tommypope@schouse.gov, brandoncox@schouse.gov, GaryBrewer@schouse.gov
Current Committee (as of 2/3/23): House Judiciary Committee
Tennessee – Session ended
Legal Status: Currently legal and regulated
Current bill: HB0861. 4/4/23 Rec. for pass by s/c ref. to Criminal Justice Committee.
Introduced 2/1/23. HB0861 Assigned to Criminal Justice Subcommittee 2/7/23.
03/29/23 HB Placed on calendar of Criminal Justice Subcommittee for 4/4/2023.
SB Placed on Senate Judiciary Committee calendar for 4/4/2023. Amends current Tennessee regulation to include an updated KCPA.
Companion bill: SB0370 FAILED 4/4/23
Background: Many synthetic substances, including synthetic Kratom, are banned in the state of Tennessee. In 2014, there was confusion about whether pure Kratom was banned because some states mistakenly thought it was a synthetic drug.
The state’s Attorney General clarified in 2017 and 2018 that pure Kratom is legal under two simple conditions.
The first one is that it can’t be sold to people under 21 years of age. The second rule is that any Kratom product needs to be labeled with disclaimers that indicate that pregnant and nursing individuals, and people under 21 shouldn’t consume it. It should also indicate possible interactions with alcohol and drugs and it should encourage people to consult their health specialist regarding existing conditions such as high blood pressure, liver issues or other relevant circumstances.
Sponsor: Rep. Todd Warner, rep.todd.warner@capitol.tn.gov, (615) 741-4170
Texas – PASSED KCPA
Legal Status: Currently legal
Current bill: HB861/SB497. HB861 4/20/23 “Laid on the table subject to call”.
Standard Kratom Consumer Protection Act. HB Introduced 12/1/2022. SB497
PASSED SENATE 3/13/23 PASSED HOUSE AND SENT TO GOVERNOR 4/25/23. introduced 1/18/23. Sales prohibited to under 18. Unadultered.
Safety info on labels. No synthetics. 7-HMG at less than 2% of alkaloids.
Sponsor: JM Lozano, jm.lozano@house.texas.gov, (512) 463-0463
Vermont – Session ended
Legal Status: Currently Illegal
Current Bill: S0128 – Would LEGALIZE and regulate kratom. All vendors selling kratom in the state would need to register and present a 3rd party Certificate of Analysis annually for each kratom product sold. Introduced 3/15/23 and now in Committee on Health and Welfare.
Sponsors: Sen. Tanya Vyhovsky, Sen. Martine Gulick, Sen. Rebecca White, Sen. Irene Wrenner; tvyhovsky@leg.state.vt.us, mgulick@leg.state.vt.us, rwhite@leg.state.vt.us, iwrenner@leg.state.vt.us
Virginia – PASSED KCPA
Legal Status: Currently legal.
Current bill: SB1108. Virginia Consumer Protection Act. Adds kratom to existing consumer protection law. Restricts sale of impure, synthetic, or kratom with an amount of 7-hydroxymitragynine greater than 2% of alkaloids.
Introduced and referred to Committee on General Laws and Technology
PASSED SIGNED BY GOVERNOR 3/26/23. GOES INTO EFFECT 7/1/23
Sponsors: Sen. Frank Ruff, Sen. Siobhan Dunnavant, Delegate Hyland F. “Buddy” Fowler, Jr., Contact: Sen.Ruff@verizon.net, district15@senate.virginia.gov, DelBFowler@house.virginia.gov
Similar House bill, HB1521, introduced 1/5/2023, To House General Laws Subcommmittee #1 1/27/23, *DIED in committee 2/2/23
West Virginia – PASSED KCPA
Legal Status: Currently legal
Current bills:
SB220 Kratom Consumer Protection Act Regulates kratom and hemp products – retailers must obtain special permits, testing is required, penalties are harsher than in other states, over 21. PASSED SIGNED BY GOVERNOR 3/23/23
Sponsors: Sen. Jack Woodrum, jack.woodrum@wvsenate.gov, (304) 357-7849. Sen. Vince Deeds, vince.deeds@wvsenate.gov, (304) 357-7959.
SB225/HB3106. “Banning sale of Kratom in WV”. Introduced and referred to Senate Judiciary 1/16/2023, bill would simply add kratom to list of WV’s Schedule I Controlled Substances.
Sponsors: Sen. Mike Stuart, mike.stuart@wvsenate.gov, (304) 357-7939. Sen. Vince Deeds, vince.deeds@wvsenate.gov, (304) 357-7959 (???), Sen. Mark Hunt, mark.hunt@wvsenate.gov, (304) 357-7841