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Used by more than 14 million Americans, kratom has risen to become a popular herb among a significant portion of the population. It’s available online and at local shops. You may have even seen it on the store shelves of the places you frequent and you can buy kratom capsules online.
But is it legal? Despite kratom’s widespread (and growing) availability, many consumers have concerns about its legality. After all, we’ve all seen the K2 and synthetic marijuana debacles. And let’s not forget about the ongoing legal arguments over THC derivatives such as Delta-8 currently sold everywhere from grocery stores to gas stations.
In this guide, we take a closer look at Kratom and its legality across varying jurisdictions in the United States, as well as the ongoing debates surrounding this prized herb.
Southeast Asian in origin, kratom is derived from the processed leaves of the Mitragyna Speciosa Tree. This tree, a distant biological relative to the coffee plant, is heralded for its naturally occurring alkaloids, the likes of which are psychoactive.
Primarily found in Thailand, Indonesia, Papua New Guinea and Malaysia, dating as far back as the 19th century, natives have long used kratom to uplift moods, improve energy, for pain and to relax.
However, it is the ability of these alkaloids to interact with the body’s own natural opioid receptors that has garnered this herb some negative attention, putting into question its legality across the United States.
Given its popularity, Kratom has gained quite a following of support. Led by efforts from the Kratom Consumer Protection Act (KCPA), this effort led to the protection of kratom from becoming an illegal substance in many states, while still allowing those states to impose certain restrictions such as age requirements.
Of note, is this movement’s thwarting of a 2016 DEA (drug enforcement agency) prerogative to classify Kratom as a Schedule 1 controlled substance.
As of the date of this guide, the DEA does not consider Kratom to be a ‘controlled substance’. This means that at the federal level, it is legal to purchase, ship, deliver, manufacture, and sell at your leisure.
But not so fast….each state can independently make kratom illegal (similar to how individual states have legalized cannabis). The laws of your particular jurisdiction may be different, and laws are always subject to change.
At the federal level, kratom is not regulated nor controlled, and is legal. However, there are numerous states, and even individual municipalities, that have banned kratom, making it illegal to buy, grow, sell or produce within those jurisdictions. Knowing where kratom is, and is not, legal can save you a lot of headache.
If you reside in any of the following states, kratom is illegal to buy, sell, transport, manufacture or grow. If you see kratom for sale inside of these states’ borders, be wary of its authenticity.
Kratom is currently legal within the borders of the following states. However, each may regulate the herb to some degree. Always make sure you’re familiar with any rules and regulations surrounding kratom to avoid any legal issues.
Despite having been used as a natural homeopathic remedy and wellness supplement for centuries in Southeast Asia, kratom has faced significant opposition from the ‘powers that be’ in the United States.
The FDA has discounted its purported medicinal properties and believe kratom is hurting, not helping the opioid epidemic in the United States, leaving its regulatory status in question. In the FDA’s initial push to schedule kratom in 2016, the agency cited a number of adverse effect reports where the user in question had consumed kratom and experienced a serious side effect. Kratom advocacy groups have disputed the legitimacy of these reports. The FDA has waged a campaign against kratom in the media and has been successful in convincing some local legislatures that kratom is dangerous and should be made illegal.
Kratom has also become well known due to its common use by heroin addicts and ex-heroin addicts. While there is no clinical research/evidence that kratom is helpful in opioid addicts getting off of heroin, this segment of the population commonly reports kratom as being very helpful in this way. Heroin addicts and recovering addicts are frequently stigmatized and their association with kratom has negatively impacted kratom’s image.
Kratom’s image in the media and the FDA’s campaign to schedule kratom are the primary reasons why kratom is not legal in every state in the United States.
The legal landscape of Kratom is an evolving one, with frequent updates to the rules and regulations surrounding this plant. While consumer advocacy groups fight for greater availability and fewer restrictions, other agencies fight for tighter regulation and even criminalization.