Many kratom enthusiasts are dedicated to following the latest kratom legality news. Since kratom policies around the world are constantly changing, it can be hard to keep up with the latest kratom bans, kratom restrictions, and kratom freedoms.
If you want to know “Where is kratom legal in 2021?”, you’ve come to the right place. Kratom laws have changed since 2020, and there have been some major breakthroughs as well as setbacks regarding kratom’s legal status. Here’s our update on kratom laws in the US and around the world.
Where Is Kratom Legal in the US?
The legal status of kratom in the US is somewhat complicated because of the relationship between the federal and state-level legal systems. Currently, kratom laws are managed at the state level. There have been attempts to ban kratom on the federal level, however, and many fear that the threat has not gone away. A number of law enforcement agencies—such as the FDA, DEA, and CIA—weigh in on kratom policies in addition to state legislatures.
That being said, there are only six states in the US where kratom is illegal to sell, buy, or possess, and these states are:
- Arkansas
- Alabama
- Rhode Island
- Indiana
- Vermont
- Wisconsin
Other than these states, there are a few US states where kratom is legal as a whole, except for a few counties or cities that have elected to ban kratom. A famous example is Sarasota County, Florida, where kratom is illegal despite it being legal in Florida’s state legislation.
Cities and Counties Where Kratom is Illegal Locally:
- California – Kratom is legal, except in San Diego and Oceanside.
- Florida – Kratom is legal, except in Sarasota County and several towns.
- Illinois – Kratom is legal for everyone over 18, except in Jerseyville and Alton.
- Colorado – Kratom is legal, except in Monument and Parker. There are also special restrictions on the labeling of kratom products in Denver.
- New Hampshire – Kratom is legal for individuals over the age of 18, except in Franklin City.
- Mississippi – Kratom is currently legal except for in a number of individual cities and counties. However, various elected officials have attempted to introduce a kratom ban in Mississippi in 2021 (to access the bills, see this, this, this, this, and this). Fortunately, all five bills failed, and kratom remains legal in most of Mississippi.
but it died in committee. A number of kratom advocates left comments on the bill, hoping to keep kratom legal).
In other states, kratom is regulated according to the Kratom Consumer Protection Act (KCPA). Because kratom is unregulated and not FDA-approved, the American Kratom Association (AKA) started collaborating with states to pass the KCPA in order to require kratom vendors to adhere to certain quality standards, as well as to require a minimum age of 18 to buy or sell kratom. The KCPA helps protect consumers from adulterated or contaminated kratom.
States that have regulated kratom include:
- Nevada
- Utah
- Arizona
- Georgia
Before Georgia passed legislation regulating kratom, it was likely to face a kratom ban. Kratom regulation is by no means a guarantee that kratom will remain legal in these states, but it does help. There still are State Representatives and Senators in Georgia (and numerous other states) who want to prevent the public from being able to purchase kratom.
Attempts to Ban Kratom
In 2016, the DEA planned on implementing a national kratom ban in the US. Thousands of people—including kratom advocates and researchers—protested the ban, signing petitions and calling their local government officials. In an unprecedented turn, the DEA reversed its decision to schedule kratom as an illegal drug, delegating kratom laws to state legislatures.
In 2018, the FDA gave its recommendation to the Health & Human Services (HHS) for the DEA to ban kratom as a Schedule I Drug. Brett Giroir, MD, Assistant Secretary HHS, wrote a letter to the DEA recommending that kratom not be scheduled. In response, federal health officials quietly withdrew their request to ban kratom in 2018.
In 2021, some people feared that the FDA would push for an international kratom ban, but the World Health Organization decided not to consider scheduling kratom.
Kratom Laws Around the World
In the European Union, when it comes to legalizing or banning a specific substance, nations are allowed to make their own choices. Because of this, the legal status in the European Union is complicated and sometimes confusing. International kratom laws can also be relatively difficult to understand.
Countries like the Czech Republic, Germany, Greece, Cyprus, Hungary, Malta, Netherlands, Spain, North Macedonia, and Ukraine make it completely legal to possess, buy, or sell Kratom. However, other countries have much stricter laws regarding it.
Here is a list of countries where kratom is banned or controlled:
- Australia
- Argentina
- Belarus
- Bulgaria
- Croatia
- France
- Ireland
- New Zealand
- Sweden
- Denmark
- Finland
- Latvia
- Lithuania
- Luxembourg
- Poland
- Portugal
- Romania
- Russia
- Japan
- Israel
- Italy
- Myanmar
- Moldova
- Malaysia
- Norway
- Singapore
- Slovenia
- Switzerland
- South Korea
- Turkey
- United Arab Emirates
- United Kingdom (selling kratom is illegal, not possession)
- Vietnam
Kratom is currently legal in Spain, Germany, and the Czech Republic. The European Kratom Alliance (EKA) was formed in 2021 to fight to legalize kratom in Europe. You can support the EKA on their website.
There are several other countries with some unclear laws regarding the legal status of kratom: Canada, Serbia, Montenegro, Kosovo, Iceland, Bosnia, and Albania. Since the laws surrounding Kratom’s legal status in the European Union are always changing, we recommend that you keep in touch with the Reddit Kratom community as it will keep you up to date with the current laws.
Thailand Legalized Kratom In 2021
Although kratom enthusiasts often fear the worst when they look up “kratom ban update 2021,” some exciting news this year came for people in Thailand, where kratom was formerly illegal. In August 2021, Thailand legalized kratom—as a result, over 100 prison inmates and over 1,000 people facing kratom-related charges would then be free.
Thailand formerly had enforced its kratom ban quite strictly, forbidding locals from chewing kratom leaves. Now that kratom is legal there, researchers in Thailand are studying kratom for its potential.
Keep Kratom Legal – Support Kratom Regulation
If you want to keep kratom legal in your state, it’s important to join the AKA’s support in getting kratom regulated by the FDA. Until then, it’s best to support vendors who actively work to abide by all kratom laws—including avoiding making unfounded health claims about kratom and other false marketing practices.
Supporting a vendor who adulterates kratom products, spreads misinformation, and fails to lab-test their kratom is not helping the future of kratom. If you want to buy kratom powders and kratom capsules, look for a vendor like Buy Kratom Bulk USA who is committed to lab-testing their kratom and following responsible process standards. We source all of our kratom directly from farmers in Indonesia and strive to maintain total customer transparency, and we actively support the science.
Rickie
I began writing kratom articles due to my interests in science, philosophy, and health—and my dedication to fighting misinformation. My writing process involves reading and citing kratom studies, following the latest kratom news and policies, and questioning bias. I am a proponent of public health, freedom of speech, and science-based decision-making.
