Kratom is used by many Americans to relieve pain, combat fatigue, and even decrease opiate dependence. However, one question is asked by many who are seeking an alternative treatment method, “Is kratom legal?” The answer is, it’s complicated. Kratom is currently on the DEA’s list of Drugs of Concern. The DEA’s list of drugs of concern is a list of substances that are not now controlled by the Controlled Substances Act, but according to the DEA, they pose a risk to those who abuse them. In 2016 the DEA temporarily placed kratom as a Schedule I drug in August but after public outcry removed the status. Since the DEA kratom does not schedule, it is federally legal.
So now that we know the answer to the question is kratom legal federally, we move to the next question. Is kratom legal in my state? Here is a state by state breakdown.
Kratom is completely legal in;
- New Mexico,
- North Dakota,
- South Dakota,
- South Carolina,
- Maryland, Delaware,
- and Hawaii.
Certain states that have legal kratom have restrictions on kratom, or regions in the state where kratom is not legal. In Florida, generally, kratom is legal. However, in Sarasota County, Florida, kratom is illegal. Kratom is illegal in San Diego, California. In the rest of California kratom is legal. In Colorado, kratom is legal, but in Denver, it is unlawful to sell kratom for human consumption. It is still legal in Denver to purchase and possess kratom. In New York, New Hampshire, and Minnesota kratom is legal for people over the age of 18. Kratom is legal for people over the age of 18 in Illinois, except for in Jerseyville where it is illegal. In Mississippi legislation to schedule kratom died in committee, keeping kratom legal. Kratom is banned in Union County, Mississippi.
- Several states have attempted to schedule kratom, but the legislation fell through. In Oregon, the state legislature attempted to pass a bill which would study kratom and see if it needed to be scheduled, but the bill failed, keeping Kratom legal. Similar failures of legislation happened in Michigan, Iowa, Kentucky, Utah, Arizona, Oklahoma, North Carolina, and Maine. Kratom is still legal in those states.
- Some states have active legislation affecting the legality of kratom. Currently, kratom is legal in these states, but if kratom is legal may change. There is currently legislation to change the schedule of kratom in West Virginia and New Jersey.
Kratom is not legal in several states. Kratom is banned in Wisconsin, Arkansas, Indiana, Tennessee, Alabama, Rhode Island, Vermont, and DC. Kratom is Schedule I in Kansas as of May 4, 2018. Kratom is a controlled substance in Louisiana as of May 17, 2018.