Kratom Legality in the USA:
Comprehensive Guide

Trying to find out if kratom is legal in the US? Here’s the short answer: On a federal level, kratom is not banned. It’s legal to buy, possess, and use—unless it’s been banned by the state or town where you live or have traveled to. Find info about your state below.

At the same time, there is no legal or regulatory framework that explicitly applies to kratom. It’s legal simply because it’s not illegal. Unfortunately, this makes it easier to put products on the market labeled as kratom but adulterated with other substances that pose a public health threat.

Moreover, there is also considerable debate about how kratom should be classified and regulated in today’s marketplace. Should it be considered a supplement or a dietary ingredient? And what difference does it make?

Is Kratom Legal in My State?

This is what a lot of people really want and need to know to buy and use kratom safely. Currently, the following states have BANNED the sale and possession of kratom: 

• Alabama
• Arkansas
• Indiana
• Rhode Island
• Vermont
• Wisconsin

Learn more about the legal and regulatory status of kratom in your individual state.

Notable local kratom bans include Sarasota County in Florida, the city of San Diego, as well as a long list of smaller towns. The good news here is that there’s an easy way to check on the current legal status of every town in the U.S. The Global Kratom Coalition maintains the following kratom legality spreadsheet documenting every locale where kratom is banned in the U.S.  

 It’s also crucial for kratom users in some locations to understand that just because kratom is banned but doesn’t mean it’s not available for sale. A recent research study conducted through the Stanford University School of Medicine found that kratom was available for sale in San Diego in 46.2% of the head, vape, and smoke stores they visited during the study. Unfortunately, San Diego’s kratom ban makes regulating the safety and purity of kratom products in the city more difficult.

MIT45 Consumer Safety and Regulatory Advocacy 

It’s tempting to think of kratom’s legal status as a simple yes-or-no question. And in terms of consumers placing an order online or picking up some kratom in a head shop, it very much can be a yes-or-no question.   

Yet, like so many industries, the behind-the-scenes regulations are every bit as important for the sustained success of the consumer. And in the long run, the sustainability of the industry itself. That’s why our CEO, Ryan Niddel, has been diligently advocating for better kratom regulations.  

A History of Kratom Use and Legal Status in the US  

• Vietnam War Veterans: Secondhand, anecdotal reports from Mac Haddow of the American Kratom Association suggest it’s very likely that the earliest, substantiated kratom use in the United States comes from soldiers returning from Vietnam. 

• Kratom Use in the 1980s-90s: There continues to be anecdotal reports of immigrants bringing kratom to the United States for what are presumably relatively small enclaves of kratom users. Some of the earliest scientific studies of kratom in the U.S. are conducted in the mid-90s.

• The DSHEA Act: The Dietary Supplement Health and Education Act was approved on October 25, 1994. The primary purpose of this legislation was to allow companies to manufacture and people to consume dietary supplements, within certain limits, even before rigorous scientific evidence was available to make health claims. Whether kratom should be approved as a dietary supplement under the DSHEA Act is one part of the debate surrounding kratom’s legal status. 

• 2016-17 Kratom Ban Proposed and Defeated: During a decade that included a public health scare over bath salts and a kaleidoscope of home-cooked street drugs, the DEA sought to ban kratom as part of its 30-day emergency ban authority. The proposed ban was ultimately not adopted, however, due to a lack of compelling evidence from the accompanying FDA report. 

• 2019 First KCPA State Laws Passed: Utah led the way, and we don’t mind admitting that MIT45 has enjoyed the advantages of being based in the first state with a Kratom Consumer Protection Act to regulate the manufacture and sale of kratom. 

• Federal KCPA Law Proposed: In 2023, a federal Kratom Consumer Protection Act was sponsored in both the U.S. House of Representatives and U.S. Senate. Veteran advocates including legislator Jack Bergman have led the charge toward building momentum for federal kratom legislation.  
• New Supplement Regulatory Disclosures Proposed: Most recently, Sen. Dick Durbin has proposed an amendment to the original DSHEA Act that would require all manufacturers of dietary supplements to provide more comprehensive disclosures of the ingredients in their products.   

State-By-State Kratom Legality Guide 

Staying informed about kratom’s legal and regulatory status in your state is crucial if you’re a fan of this botanical. Protect your personal kratom use and become an advocate for others. Learn more about specific kratom regulations in your state:   

• Alabama 
• Alaska 
• Arizona 
• Arkansas
• California 
• Colorado 
• Connecticut 
• Delaware 
• Florida 
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

FAQs 

What are the consumer protections in state-level KCPA laws? 

There is lots of overlap as well as important differences between state-level KCPA laws. Fortunately, this Congressional Research Service report succinctly breaks down these differences into easily understandable regulatory categories.   

Can You Fly with Kratom within the U.S.? 

Yes—assuming it hasn’t been banned at your point of departure or your destination. That said, there’s a little more you should know if you’re going to fly with kratom stress-free. 

Can You Travel to the U.S. with Kratom? 

Yes, possibly, and especially if you’re traveling from an international destination where it’s legal. But we wouldn’t recommend it if you have any another option. US Customs may confiscate the kratom product with due provenance, so it’s best to contact US Customs before you travel.  

Can You Travel from the U.S. with Kratom? 

As you might expect, this answer depends almost entirely on the rules and regulations in the country you’re traveling to and assuming you’re only traveling with modest quantities intended for personal use. Again, we recommend the Customs officials in your destination country before you travel.  

Citations and References* 

Citations 

• Unknown/Staff Writer. Restricted Zip Codes Prohibiting the Sale of Kratom. Global Kratom Coalition. Accessed August 2024.
• Bowdring MA, Leas EC, Vishwakarma M, Schleicher NC, Prochaska JJ, Henriksen L. Kratom availability in California vape shops. National Library of Medicine: PubMed Central. Published August 2023.
• Unknown Writer. DEA Announces Intent To Schedule Kratom. DEA.gov. Published August 2016.
• HR 5905. Federal Kratom Consumer Protection Act. GovInfo. Mark Pocan, Sponsor. Introduced October 2023.  
• S 3039. Federal Kratom Consumer Protection Act. Congress.gov. Mike Lee, Sponsor. Introduced October 2023.
• Dietary Supplement Listing Act of 2024. Durbin Introduces Legislation to Improve Safety and Ensure Transparency of Dietary Supplements. Durbin.senate.gov. Introduced July 2024.
• Heflin, Jason. Federal Status and State Approaches. Kratom Regulation Congressional Research Service. Published November 2023. 

References 

• Staff writer. Kratom State Legality and Legislation. The American Kratom Association. Accessed June 2023. 
• Dietary Supplement Health and Education Act of 1994. National Institutes of Health: Office of Dietary Supplements. Approved October 1994.  
• Matsumoto K, Mizowaki M, Suchitra T, Murakami Y, Takayama H, Sakai S, Aimi N, Watanabe H. Central antinociceptive effects of mitragynine in mice: contribution of descending noradrenergic and serotonergic systems. National Library of Medicine: PubMed Central. Published December 1996.   
• DEA Announces Intent To Schedule Kratom. United States Drug Enforcement Agency. Published August 2016.  
• Stark, Sam. ‘It’s the wild west’: Texas legislature to decide future of kratom. CW39 Houston. Published March 2023.

* At MIT45, we take our responsibility as an authoritative source of kratom knowledge quite seriously. Our writers know this, too, That’s why our authors include both citations and reference materials for the informational articles. 

 Citations refer to the source material for particular claims—whether it’s a direct quote, statistic, or other specific attributions. References refer to sources that we reviewed for background research and general knowledge claims while creating our informational articles. 

 Indeed, despite their best efforts, our writers are unlikely to get it right every time. Not even the most authoritative scientific journals get it right every time. The scientific method may be reliable, but the practice of science by human scientists is inherently flawed. This is true even with due diligence and the best of intentions. To say nothing of the unscrupulous few who fail in their fidelity to the scientific community. 

 There are always tough editorial choices involved in terms of what to include and not include, and how many additional resources we provide readers. We encourage our readers to make up their own mind. Moreover, the opinions expressed in these articles are entirely those of the writers and do not necessarily represent those of MIT45.