Kratom Legality by State 

KRATOM LEGALITY BY STATE

**Disclaimer** 

Kratom is not approved or regulated by the FDA. This article contains data about kratom for informational purposes only. None of the information contained herein should be considered medical advice. Kratom is not intended for use in diagnosing a disease, or for treating, curing, or preventing diseases or other health conditions. Anyone considering the use of kratom should speak with their physician to answer any questions before doing so.

Table of Contents

Kratom is one of the most highly debated products on the market. Read on to learn more about the kratom legality by state.

Where Kratom is Illegal to Buy, Sell, or Possess

Kratom is an extract that many people seek for relaxation and comfort. Many people say that it holds some similarities to CBD, making it a beneficial choice for easing discomfort. However, the legality of kratom itself has been in question for quite some time. Right now, it remains unregulated by the FDA, and it is still considered to be federally legal. However, states can make their own laws, and not all states have let kratom maintain its legality. In this article, we will go over kratom’s legality by state and some of the reasons behind the legal status of the plant.1   

List of States

In the following states, laws have been passed to make kratom illegal to buy, sell, or possess. This fact means that kratom is also illegal to use in any capacity.  

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

Where Kratom is Legal Yet Regulated

Many of the states in the US maintain legal status for kratom, but some have regulations in place. Other states may have partial bans. Each state is outlined below with specific caveats or regulations noted.  

  • Alaska 
  • Arizona – Regulated by the Kratom Consumer Protection Act 
  • California – Kratom use is banned in San Diego 
  • Colorado – Kratom has been deemed unsuitable for human consumption in Denver 
  • Connecticut  
  • Delaware  
  • Florida – Kratom use is banned in Sarasota County 
  • Georgia – Regulated by the Kratom Consumer Protection Act 
  • Hawaii  
  • Idaho  
  • Illinois – Kratom is banned in the city of Jerseyville; the rest of the state requires kratom users be at least eighteen years of age 
  • Iowa  
  • Kansas  
  • Kentucky  
  • Louisiana 
  • Maine  
  • Maryland  
  • Massachusetts  
  • Michigan  
  • Minnesota  
  • Mississippi – Kratom is banned in Union County 
  • Missouri  
  • Montana  
  • Nebraska  
  • Nevada – Regulated by the Kratom Consumer Protection Act 
  • New Hampshire – The state requires that kratom users be at least eighteen years of age 
  • New Jersey 
  • New Mexico  
  • New York  
  • North Carolina  
  • North Dakota  
  • Ohio 
  • Oklahoma  
  • Oregon 
  • Pennsylvania 
  • South Carolina  
  • South Dakota  
  • Tennessee – The state requires that kratom users to be at least twenty-one years of age 
  • Texas  
  • Utah – Regulated by the Kratom Consumer Protection Act 
  • Virginia  
  • Washington  
  • West Virginia  
  • Wyoming  

Why is Kratom Legality in the US Done on the State Level?

When comparing kratom vs CBD, many users find that their discomfort is alleviated in some similar ways. So why is kratom legal in some states, but not others? The reason lies with the Food and Drug Administration (FDA).

In some parts of the world, kratom is identified as being an addictive substance. At this point, the FDA has provided a statement. In this statement, they say that they have found no therapeutic benefits to kratom, unlike with CBD. This statement has damaged the reputation of the plant.

As of now, a kratom ban is one of the hot topics surrounding the FDA. Since 2016, agencies like the FDA and the DEA have proposed bans on kratom, despite its positive uses. While the proposed ban has not yet seen any legitimacy, the campaign is worrying for some. It places distrust in an agency that is already got issues with its public perception.2   

kratom vs cbd

The Legality of Kratom in the United States

The legality of kratom in the USA can sometimes feel like an uphill battle. While a large number of states have yet to pass the Kratom Consumer Protection Act bill, and kratom is legal, those states are not protected from kratom bans at the federal level.

Right now, only four states have passed the Kratom Consumer Protection Act bill. These states are Arizona, Georgia, Nevada, and Utah. Consumers in these states are protected from any sort of kratom ban. However, the push for a federal Kratom Consumer Protection bill has been in the works for some time.

What is the Kratom Consumer Protection Act?

The Kratom Consumer Protection Act, or KCPA, is a bill that protects consumers in the kratom marketplace. It does so by creating a marketplace where kratom businesses are regulated. The regulations put in place include things like safety standards, which businesses must abide by to operate. Many view the KCPA as a way to fill the void created by the FDA.

When the FDA refuses to step in and work with a product like kratom, they create a marketplace that can be unsafe for consumers. Instead of regulation, they look to outlaw. Rather than see something helpful like kratom banned, a group of individuals must advocate for its usefulness and its regulation. The group, in this case, is the KCPA.

The American Kratom Association is looking to improve the KCPA. They seek to have the bill passed at a federal level, which would hopefully help ease the restrictions in states where kratom is illegal. If the product is regulated, then safety can be ensured for the people using it.

Get Premium Quality Kratom From Top Extracts

Top Extracts is one of the leading kratom suppliers in the industry. We have been working with kratom since 2014, and we are happy to comply with the regulations proposed by the KCPA. We pride ourselves on working very closely with the American Kratom Association, meaning that the kratom you receive from us will be only of the highest standard.

We are also compliant with Current Good Manufacturing Practices, meaning we have high standards for the kratom products we produce. You can feel safe when you purchase kratom from us.

Resources

  1. https://www.americankratom.org/images/file/
    AKA_Kratom_Fact_Sheet_2019.pdf
  2. https://www.americankratom.org/images/file/
    AKA-Policy-Report-Dec-2018.pdf

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