Is Kratom Illegal Anywhere in the United States?

On the federal level, kratom is legal in the United States. However, some states and local jurisdictions have banned the popular substance entirely. Even though it’s not prohibited on the federal level, people found in possession of kratom can still get busted and processed through the legal system in areas where it’s illegal.

Keep in mind that local and state laws can change at any time. Although the information in this guide is likely to hold true for some time, we can only guarantee that this kratom legality guide is correct as of Jan. 2021.

Note: This guide doesn’t cover every location in the United States. It covers most state-level kratom bans and some local-level bans.

 

Alabama

Alabama, one of the most conservative states in the nation, outlawed kratom in mid-2016. Senate Bill 226 contested that kratom possession and sale should be illegal. Now-retired Governor Robert Bentley signed Senate Bill 226 into law in early May 2016.

The state’s anti-kratom law is codified under the Code of Alabama’s 20-2-23(4)(a). All kratom possession or sale charges warrant felonies in the state of Alabama.

On the bright side, it’s not illegal in the bordering states of Florida, Georgia, Tennessee, or Mississippi. If you enjoy using kratom and don’t want to worry about criminal penalties, consider moving to one of these bordering states. In case you didn’t know, both Florida and Tennessee have no state income tax.

 

Indiana

While Alabama identifies kratom by name in its state law, the same isn’t true for Indiana. People found in possession of kratom can face penalties because kratom falls under the Lincoln State’s ban on synthetic and synthetic-like substances.

These substances have been illegal in Indiana since 2012.

 

Arkansas

Much like Alabama, Arkansas formally considered kratom as bad as other Schedule I drugs by placing it in the category back in 2016.

According to Arkansas Code’s § 5-64-401, possessing 28 grams or less of a Schedule I drug is a felony that can land you up to 10 years in prison. This is the lowest penalty the state offers for Schedule I drug possession.

Based just outside of the Deep South, Arkansas is also known for being considerably conservative. Although we’re not able to say whether a political ideology is right or wrong, we can definitely say that you shouldn’t bother with kratom if you live in this state.

 

Wisconsin

Kratom has been legal in Wisconsin since 2014. The previous year, in 2013, a bill argued that the state should add mitragynine and 7-hydroxymitragynine to the state’s roster of controlled substances.

As you might know, kratom has stimulant-like effects in limited doses. However, many opioid users, for example, also report that they have stimulant-like effects in small doses. Despite the similarities between kratom and opioids, Wisconsin categorized these two alkaloids under stimulants in 961.14 of the Wisconsin State Statutes.

With the help of the American Kratom Association, Wisconsin considered making kratom legal by passing its own version of the Kratom Consumer Protection Act. Unfortunately, the efforts stalled, resulting in no changes to the legal status of kratom within the Badger State.

 

Rhode Island

Rhode Island, by far the smallest state in the union, is one of the few states where kratom is illegal. On the bright side, Rhode Island House Bill 7289 sought to pass the Kratom Consumer Protection Act in the state, which would decriminalize kratom and regulate its sale and production within state boundaries.

Unfortunately, on Feb. 26, 2020, House Bill 7289 was shot down to be held for further study. Since then, legislators haven’t introduced any other kratom-related bills in the state of Rhode Island.

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