Kratom products are well-loved across the country but come with complicated legal ramifications depending on where you live. While not illegal on a federal level, some states have regulated the sale and age of sale for kratom products. This guide will help walk you through how old you need to be in each state to purchase kratom, and where it is not legal according to state laws.
Kratom and Federal Legislation
Kratom is not illegal on the federal level. It is considered an herbal product and not regulated by the Food and Drug Administration (FDA). At one time, the Drug Enforcement Agency (DEA) attempted to make kratom a Schedule 1 substance, making it illegal for sale and use in all states. Some examples of Schedule 1 drugs include heroin, cocaine, LSD, and ecstasy.
This attempt was met with harsh backlash as it would become illegal for medical, educational, and recreational use and there have been multiple studies conducted on the use of kratom with a request for further research. Since the failed attempt, the federal government has not created any guidelines for kratom and has left the decision up to the individual states to decide.
One downfall of having no FDA or DEA governance in the kratom industry does put the burden on the kratom community to ensure that they trust the vendors they receive their products from. You should always seek to obtain your kratom products through a vendor that offers it as fresh, tested, and pure kratom.
Kratom and State Legislation
Each state has the ability to make its own laws in regard to kratom regulations. It is important to note, that while not illegal on the federal level, some states have banned its use and it is illegal to use and possess. You should be very aware when crossing state lines and taking kratom products as to what is legal in the area you are traveling and staying.
Alabama
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Illegal to purchase or possess
- Pending Laws: None
Alaska
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending laws: None
Arizona
- Current Legal Status: Legal. Protected by the Kratom Consumer Protection Act in 2009.
- Age for Purchase: 18
- Pending Legislation: None
Arkansas
- Current Legal Status: Schedule 1 Controlled Substance
- Age for Purchase: Illegal to purchase and possess
- Pending Laws: None
California
- Current Legal Status: Legal throughout the state except in the City of San Diego
- Age for Purchase: No age restrictions*
- Pending Laws: None
Colorado
- Current Legal Status: Legal and unregulated EXCEPT in the towns of Monument and Parker and labeled not for human use in Denver.
- Age for Purchase: No age restrictions*
- Pending Laws: None
Connecticut
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Delaware
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Florida
- Current Legal Status: Legal and unregulated everywhere EXCEPT in Sarasota county
- Age for Purchase: No age restrictions*
- Pending Laws: None
Georgia
- Current Legal Status: Protected by the Kratom Protection Act passed in 2019
- Age for Purchase: 18
- Pending Laws: None
Hawaii
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Idaho
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Illinois
- Current Legal Status: Legal and unregulated EXCEPT in Jerseyville
- Age for Purchase: No age restrictions*
- Pending Laws: None
Indiana
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Illegal to possess and purchase
- Pending Laws: None
Iowa
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Kansas
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Kentucky
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Louisiana
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There is a current Bill in the House of Representatives to classify Kratom as a Schedule 1 controlled substance that failed.
Maine
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There was a bill regulating synthetic drugs, however, Kratom was removed from the bill.
Maryland
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Massachusetts
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Michigan
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There was a recent bill to ban Kratom but it has died
Minnesota
- Current Legal Status: Legal with some regulations in place
- Age for Purchase: No age restrictions*
- Pending Laws: None
Mississippi
- Current Legal Status: Legal and unregulated everywhere EXCEPT it is banned in Union County and the city of Columbus
- Age for Purchase: No age restrictions*
- Pending Laws: A recent bill to classify Kratom as a Schedule 1 substance has died
Missouri
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Montana
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Nebraska
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Nevada
- Current Legal Status: Protected by the Kratom Consumer Protection in 2019
- Age for Purchase: 18
- Pending Laws: The state pharmacy board has submitted legislation to ban the sale of Kratom.
New Hampshire
- Current Legal Status: Legal with some regulations
- Age for Purchase: 18
- Pending Laws: None
New Jersey
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
New Mexico
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
New York
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
North Carolina
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
North Dakota
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Ohio
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: The Ohio Board of Pharmacy is currently pursuing a ban.
Oklahoma
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There is a consideration to pass the Kratom Consumer Protection Act
Oregon
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: There are studies underway to decide if Kratom should be a Schedule 1 controlled substance
Pennsylvania
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Rhode Island
- Current Legal Status: Schedule 1 Controlled Substance
- Age for Purchase: Illegal to purchase and possess
- Pending Laws: None
South Carolina
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
South Dakota
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Tennessee
- Current Legal Status: Legal with some regulations
- Age for Purchase: 21
- Pending Laws: None
Texas
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Utah
- Current Legal Status: This is protected under the Kratom Consumer Protection Act that was passed in 2019.
- Age for Purchase: 18
- Pending Laws: None
Vermont
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Illegal to purchase and possess
- Pending Laws: None
Virginia
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
Washington
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
West Virginia
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: A bill has been introduced to make Kratom illegal
Wisconsin
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Illegal to purchase and possess
- Pending Laws: None
Wyoming
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending Laws: None
*Note some states have no legal restrictions on age, but the general consensus in the kratom community and those that are members of the American Kratom Association do not sell to minors. Individual shops may also set their store policies to restrict to the ages of 16, 18, or 21.
Kratom Consumer Protection Act
The states which are protected by the Kratom Consumer Protection Act (KCPA) are states in which there have been laws passed that mirror FDA regulations in the kratom facilities. While they do not replace the FDA, they do ensure that kratom distributors in these areas follow Good Manufacturing Practices (GMP) and follow safety guidelines on their products. The KCPA also requires labeling on products, the sale of ‘approved’ kratom products (or those without dangerous additives that some less than reputable vendors may use to increase shelf life or alter the herb), and providing the herb to adults only.
State By State Considerations
You should always be aware of the status of kratom in the area you live in or are traveling to. While companies won’t ship to areas where it is illegal, you may forget that crossing the state’s lines with it can cause serious repercussions. Keep in mind also that just because there are no age restrictions in some areas, store policies may prevent the sale to minors or to adults under 21. There are laws being enacted through the KCPA to try and provide good standards for kratom vendors to follow, but in states, without them, you can still find reputable kratom vendors that offer you pure, safe, and fresh kratom like Buy Kratom Bulk.
