The legal status of kratom has been a debatable subject for so long!
Alongside this, users from various parts of the world often have concerns regarding the purchase, availability, and possession of kratom. Well, different regions in the world have their own rules and regulations when it comes to kratom.
Other than the global restrictions, the legal status of kratom also varies among states within the US. Let’s break down how the rules and regulations vary from state to state.
Kratom’s Legal Status – What the Hype is About?
The question is: Why does the legality of kratom matter so much?
Well, kratom is an herbal substance that has become quite popular in recent years. This herbal product is obtained from a plant that grows in different parts of the world, mainly in Southeast Asian regions, including Malaysia, Indonesia, and Thailand.
Despite its long-standing cultural use, there is a lack of scientific evidence on the safe use of kratom for any purpose. Due to these concerns, the legality of kratom has become a continuous issue, leading to various rules and regulations governing this herb’s possession, transport, and consumption.
Kratom and the FDA
Before we talk about the legal status of kratom across the US, let’s find out what the FDA has to say about kratom.
The FDA doesn’t recognize kratom as a drug, a dietary supplement, or a food additive.
According to the FDA, “FDA has not approved any prescription or over-the-counter drug products containing kratom or its two main chemical components, mitragynine and 7-hydroxy mitragynine (7-OH-mitragynine).”
The use of kratom alone or in combination with any other dietary supplement is adulterated under section 402(f)(1)(B) of the FD&C Act. Furthermore, according to section 409, the FDA recognizes kratom as an unsafe food additive, and any food containing an unsafe food additive is adulterated under section 402(a)(2)(C)(i).
Legal Status of Kratom Across the US
Regardless of the reason for using kratom, you should know about the federal and state laws governing its use. Let’s find out which states allow, ban, or have partial restrictions on kratom.
States Where Kratom is Banned
In some states, it is illegal to prepare, sell, purchase, and use kratom. Kratom components are recognized as controlled substances (Schedule I) according to the following states’ laws:
- Alabama (2016)
- Arkansas (2015)
- Indiana
- Rhode Island
- Vermont (2016)
- Wisconsin (2014)
States Where Kratom is Legal
In certain states of the US, kratom is legal to manufacture, sell, purchase, and process. These states include:
- Alaska
- California (San Diego is an exception, where kratom is illegal and banned)
- Connecticut
- Delaware
- Hawaii
- Idaho
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Mississippi (Banned in Union County)
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Pennsylvania
- South Carolina
- Washington
- Wyoming.
States Where Kratom is Regulated
In contrast to bans, many states have adopted regulatory statutes modeled after the Kratom Consumer Protection Act (KCPA).
There are a total of 16 states in the US where kratom is regulated, covering its production, processing, possession, selling, and purchasing.
Of these 16 states, 10 require kratom product labeling. However, the remaining six don’t have specific labeling requirements for kratom products.
Also, these 16 states have different age requirements for kratom users. In eight states, kratom products are only allowed for individuals over 18 years of age. However, in the other eight states, these products have a minimum user age requirement of 21 years or above.
Other than this, regulations also include product testing and detailed product labelling for users’ convenience.
States With Kratom Product Labeling Requirements
| State Name | Minimum Age Requirement |
| Arizona | 18 years |
| Colorado | 21 years or above |
| Georgia | 18 years |
| Nevada | 18 years |
| Oklahoma | 18 years |
| Tennessee | 21 years or above |
| Texas | 18 years |
| Utah | 18 years |
| Virginia | 21 years or above |
| West Virginia | 21 years or above |
States With No Kratom Product Labeling Requirements
| State Name | Minimum Age Requirement |
| Florida | 21 years or above |
| Illinois | 18 years |
| Louisiana | 21 years or above |
| Minnesota | 18 years |
| Oregon | 21 years or above |
| South Dakota | 21 years or above |
Note: The information regarding the legal status and kratom laws is subject to change. So make sure to always check your state laws/ rules to stay updated.
Bottom Line
Kratom, being an herbal substance, has been used for hundreds of years. However, the legal status of kratom has always been a cause of concern due to the lack of scientific evidence. In the US, different states have their own rules and regulations when it comes to selling, buying, and possessing kratom.
Some states in the US allow kratom, while others regulate it. Several states in the US have banned kratom due to its subsequent effects on human health. While there are pending bills on the kratom ban in many US states, the use of kratom is also being advocated.
FAQs
What is the New Law of Kratom in Florida?
According to the Florida Kratom Consumer Protection Act, SB 136, the processing, distribution, and selling of kratom products is prohibited for users under 21 years of age. Moreover, this act also requires product processors to register their products with the Department of Agriculture and Consumer Services.
Is Kratom Approved by the FDA?
No, kratom isn’t approved by the FDA and is not recommended for any medicinal or recreational purposes. Furthermore, the FDA has listed kratom as a ‘drug of concern.’
Is It Safe to Travel with Kratom?
Traveling with kratom is safe as long as it is legal in your travel and destination state. So, make sure to check kratom’s legal status if you are planning to carry it along.
