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Kratom Legality in the USA: Comprehensive Guide

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

Is Kratom Legal in My State?

Rather than list the states where kratom is either legal and regulated by KCPA or legal and unregulated, it’s far easier to talk about where it’s not legal. Fortunately, kratom is legal in most of the country.

While kratom advocacy groups have been fighting the good fight to keep kratom legal, some states have still moved forward with its complete ban. Currently, the states that have made the sale and possession of kratom illegal are:

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

It is illegal to sell or possess kratom in these states. To make matters a bit confusing, some counties and cities within states where kratom is legal have banned its use. These include:

  • California: The city of San Diego.
  • Florida: Sarasota County.
  • Illinois: Legal, The cities of Alton, Edwardsville, and Jerseyville.
  • Louisiana: Ascension, Livingston, Rapides, and Vernon parishes.
  • Mississippi: The cities of Columbus, Corinth, Oxford, and Tupelo and the counties of Alcorn, Calhoun, Itawamba, Lowndes, Monroe, Neshoba, Tishomingo, and Union.

Is Kratom Legal in the United States? Problem Solved

Fortunately, kratom is legal for sale and possession almost everywhere in the country except for a handful of states and municipalities. The battle for kratom’s legality continues with the help of kratom advocacy groups and everyday citizens. Staying informed about the legalities of kratom in your area is crucial if you’re a fan of this botanical.

Exceptional range of kratom products offered by MIT45.

Favorite MIT45 Kratom Products

MIT45 is committed to providing the kratom community with high-quality products. Our commitment to lab testing our kratom highlights our dedication to providing the best kratom products. Here’s a look at some of our favorite products.

MIT45 Boost Bites

For those who have yet to find a fondness for kratom’s unique bitterness, Boost Bites is a great choice. Our portable, tasty gummies are perfect for days when you have too much on your plate. They contain 10mg of fast-acting Mitragyna speciosa extract and 3mg of tea-leaf caffeine.

MIT45 Kratom Shot

For a balanced kratom experience, our MIT45 Kratom Shot is the gold standard. Each 15ml bottle of MIT45 contains 250mg of Mitragyna speciosa extract and is recommended for up to 3 servings. Not a fan of kratom’s bitter taste? Try adding this liquid kratom extract to your favorite smoothie, shake, or juice.

MIT45 Red Vein Kratom Powder

If you prefer to measure and mix your preferred serving size of kratom, our Red Vein Kratom Powder is the way to go. Try brewing it as a tea or adding it to your favorite non-alcoholic and non-carbonated beverage. Perfect for meditation, breathwork, or a quiet night with friends, our red vein kratom powder is described as calming and mellow.

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