From the jungles of Southeast Asia to Main Street, USA, kratom has come a long way. What was once a productivity aid and ceremonial beverage to Indigenous people can now be found in living rooms, gyms, and kratom bars all across most of the country. However, you may be asking yourself this question: Is kratom legal in my state? Let’s find out.
The Battle to Keep Kratom Legal in the United States
While this beneficial botanical is legal in most of the country, its sale and possession are still banned in a few places. Kratom fans from around the country have been raving about it for years, and eventually, it became more well-known. For quite some time, kratom remained legal and unregulated from coast to coast, but things changed in 2016.
In the summer of 2016, the DEA announced that it had intentions to place kratom on its list of Schedule I Controlled Substances. If they had followed through, kratom would have become illegal on a national level. In October 2016, just two months after the DEA made public its intention to ban kratom nationwide, they reversed their decision.
The DEA’s initial intention caused a considerable backlash. Fans of kratom, advocacy groups like the American Kratom Association (AKA), and even some members of Congress voiced their opposition to the ban, and their voices were heard. This change was an incredibly rare instance of the DEA retracting a scheduling notice due to public outcry.
The Kratom Consumer Protection Act (KCPA)
Once the DEA reversed its decision, this opened up the debate for each state to decide on whether to ban kratom outright, leave it unregulated, or regulate the product. While kratom enthusiasts want to keep kratom legal and available to those who benefit from it, most aren’t entirely against kratom regulation. Among those who are pro-regulation is the American Kratom Association.
Being the nation’s loudest voice for kratom advocacy, the AKA is in favor of regulations including:
- Age limits for purchasing kratom
- Labeling requirements (serving sizes, lists of all ingredients)
- Mandatory lab-testing
- Banning adulterated kratom products
The AKA goal is to keep kratom legal for purchase and possession but also ensure its safety by having state (or national) laws that regulate the kratom industry. Senator Mike Lee (R-Utah) introduced S.3039, the Federal Kratom Consumer Protection Act, on October 4, 2023, to regulate kratom nationally. While this is great news for kratom users, the act hasn’t moved further than being read and referred to the Committee on Health, Education, Labor, and Pensions.
As of 2024, six states have passed their own version of the Kratom Consumer Protection Act:
- Arizona
- Colorado
- Georgia
- Nevada
- Oregon
- Utah
The KCPA’s key components include:
- Labeling: Accurate labeling that includes ingredients, suggested serving sizes, and name and address of the processor
- Testing: Mandatory testing for heavy metals
- Age restrictions: Either 18 or 21 years of age
- Adulteration: Bans the sale of kratom that has been adulterated
