Is Kratom Legal? Your Complete State-by-State Guide

You've seen kratom online, in smoke shops, and even at local farmers' markets. But is kratom legal and safe? Let's dive into the facts.

As of May 2025, the legal status of kratom in the United States varies significantly across states. While the federal government has not classified kratom as a controlled substance, individual states have enacted their own laws, leading to a complex legal landscape. Below is a state-by-state breakdown:

States Where Kratom Is Banned

Kratom is illegal to buy, sell, possess, or use in the following states:

These states have classified kratom's active compounds as Schedule I controlled substances, making any involvement with kratom a criminal offense.

States with Partial Bans or Local Restrictions

In some states, kratom is legal statewide but banned or restricted in certain cities or counties:

California: Legal statewide, but banned in San Diego and Oceanside.
Colorado: Legal statewide; however, banned in Denver, Monument, Parker, and Greenwood Village.
Florida: Legal statewide, except in Sarasota County.
Illinois: Legal for individuals over 18, but banned in Jerseyville, Alton, and Edwardsville.
Louisiana: Banned in Ascension Parish, Rapides Parish, and Grant Parish
Mississippi: Legal statewide, but banned in over 30 cities and counties, including Union County.
Tennessee: Legal statewide, but restricted to individuals over 21 and banned in certain municipalities.

States Where Kratom Is Legal and Unregulated

Kratom is legal and unregulated in these states, meaning there are no specific laws governing its sale or use:

Alaska
Connecticut
Delaware
Hawaii
Idaho
Iowa
Kansas
Kentucky
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Montana
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Texas
Virginia
Washington
West Virginia
Wyoming

While kratom is legal in these states, it's important to stay informed about any local ordinances or upcoming legislation that may affect its status.

States with Kratom Consumer Protection Act (KCPA) Legislation

The following states have enacted the Kratom Consumer Protection Act (KCPA), which regulates the sale and distribution of kratom to ensure product safety and quality:

Arizona
Georgia
Nevada
Oregon
Utah

KCPA provisions typically include age restrictions, labeling requirements, and testing standards to protect consumers .nypost.com

States with Pending Kratom Legislation (as of 2025)

Several states have introduced bills in 2025 to regulate or ban kratom:The Marijuana Herald

Connecticut: House Bill 5427 proposes prohibiting the sale of kratom to individuals under 21.
Kansas: An amended KCPA bill was introduced in the House in 2024 and is under consideration in 2025.
Massachusetts: A pending KCPA bill aims to regulate the sale and distribution of kratom products.
Michigan: A KCPA bill is pending, focusing on regulating kratom distribution and manufacturing.
Minnesota: A KCPA bill was introduced in early 2023 but did not pass; advocates are pushing for legislation in 2025.
New Jersey: A bipartisan KCPA bill was introduced in December 2024 and is under review in 2025.
New York: A KCPA bill was referred to the Senate Agriculture Committee in January 2024, with movement expected in 2025.
Ohio: A KCPA bill introduced in 2023 remains pending, with potential developments in 2025.
Pennsylvania: A KCPA bill introduced in 2023 did not pass; efforts continue in 2025.
Wisconsin: Although kratom is currently banned, a bill introduced in 2023 to regulate kratom failed; advocacy for legislation continues in 2025.The Marijuana HeraldKratom World+1Kratom Lords+1

Kratom in the District of Columbia

In Washington, D.C., kratom is legal and unregulated. There are currently no specific laws governing its sale or use in the district.

Understanding the Legal Landscape

The legal status of kratom in the United States is dynamic and varies by jurisdiction. While some states have embraced regulation through the KCPA to ensure consumer safety, others have imposed bans due to concerns about potential health risks and lack of FDA approval. Advocacy groups continue to influence legislation, aiming to balance access with safety.

For the most current information on kratom laws in your area, consult local government resources or legal counsel.

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