As we roll into 2024, many users are still wondering whether is kratom legal. 

Although the herb is considered federally legal, the stats seem to have their own viewpoints and mindsets so things are not always black and white.

The above image gives you an idea of a kratom legality map so you can kind of see where the herb is legal and where you will be walking a fine line between state, local, and federal laws.

Understanding the Kratom Legality Map

Above is a kratom legality map designed by the American Kratom Association (AKA) which breaks down where the herbal supplement where it is legal and not legal by color codes.

It’s a fairly straightforward map design that gives you an idea of the various state laws so you can be aware of your own unique area. 

  • Green states are completely legal — you can buy, sell, and order the herb without any fear or reservations. 
  • Red states have declared the herb not legal even though it is legal federally so things can get very confusing fast with the local law enforcement officials. 
  • Blue states have passed what is known as the Kratom Consumer Protection Act (KCPA) which regulates the kratom trade. They are focused on making sure that kratom is pure and buyers/users get to purchase it as a safe product. 
  • Yellow states have local bans that concern kratom so you will have to familiarize yourself with the local laws such as city or county which might pertain to kratom. 

Learn About The Kratom Legality Map

Where it’s legal and where it’s not.

The battle nationwide to keep kratom legal continues even though it has not received a great deal of publicity.

Organizations continue to lock horns with federal authorities in an effort to hold onto kratom’s legal status.

In this article, we are going to look closely at where kratom is legal.

As you read each state, you can look back at the kratom legality map to make sure you understand each state’s stance on the herb. 

Where is Mitragynia Speciosa Legal? 

Below we will cover all 50 states and their current stance (as of 2021) on kratom legality. 

  1. Alabama: Most readers probably won’t be surprised to learn that kratom is not legal in Alabama at this time. In fact, there is pending legislation that involves the herb. As of 2016, the state law classified the plant fiber supplement as a Schedule I controlled substance which puts restrictions on its sale, distribution, and possession within the state. They treat kratom the same as if it was LSD or heroin so the possession, purchase, and sale of the herb is a felony. In addition, there is an added ordnance making kratom illegal in Talladega County. 
  2. Alaska: In the Northern Frontier (aka Alaska) kratom is perfectly legal. 
  3. Arizona: The herb is legal in the Copper State (Arizona). 
  4. Arkansas: At this time, it is illegal in Arkansas. Mitragyna Speciosa has been classified as a Schedule I controlled substance and it is considered a felony offense if you possess the herb in the state. 
  5. California: Mitragynia is perfectly legal at this time for use, purchase, and sale in the state of California. 

The Next Five States

The Ever-Changing Legal Spectrum

  1. Colorado: The Centennial State (Colorado) has declared kratom perfectly legal for use, purchase, and sale. 
  2. Connecticut:  Kratom is legal within the borders of Connecticut for sale, purchase, and use. 
  3. Delaware: In the Blue Hen State (Delaware) kratom is perfectly legal for sale, purchase, and use. 
  4. Florida:  The Sunshine State is a stark contrast. Kratom is legal in the state but it is illegal in Sarasota County. If you are caught with the herb then you could face 60 days in jail and a fine of $500. There have been two bills defeated in Broward County which have also been trying to declare kratom illegal. In St Johns County, there was also a push to ban the herb but it failed to gain enough support and the legislation failed.
  5. Georgia: As of the start of 2021, kratom remains legal in Georgia but that status is precarious at best. A bill is still being pushed which would make the herb illegal. 

The Next 10 States

  1. Hawaii: The islands of Hawaii have declared kratom legal for sale, possession, and use. 
  2. Idaho: Kratom is legal for use, possession, and sale statewide. 
  3. Illinois: At this time kratom is legal for sale and possession by anyone over the age of 18. 
  4. Indiana: Kratom is considered illegal in the state of Indiana for sale, possession, or purchase. The Hoosier State classifies kratom as a Schedule 1 substance. It was made illegal in 2014. 
  5. Iowa:  Kratom retains its legal status in Iowa but that might soon change. HSB640 and HF2355 focus on making kratom illegal statewide. Anyone living within Iowa should contact their local and state government to try to put a stop to the bills before the herb becomes illegal. You can also sign a petition on change.org and send a letter to the state of Iowa.
  6. Kansas: The tropical plant supplement is currently legal in Kansas.
  7. Kentucky: Kratom remains legal in the Bluegrass State
  8. Louisiana: The herb is legal at this time in Louisiana but  HB19 is focused on making kratom illegal. You should contact your state and local government to try to prevent the bill from being passed into law. You can also sign a petition here to try to halt the bill.
  9. Maine: The herbal supplment remains legal in Maine.
  10. Maryland: It is legal for use, sale, and possession in Maryland.

Another 10 States and Laws

  1. Massachusetts: The herb is legal throughout Massachusetts. 
  2. Michigan: It is legal in Michigan but that could change in the near future as pending legislation looms this year which could quickly alter the herb’s status in the state. You can sign the petition and also add your name to VOTE NO ON HB 5707
  3. Minnesota: Legal statewide.
  4. Mississippi: Kratom is legal for use, sale, and purchase.
  5. Missouri: The herb remains legal in Missouri. 
  6. Montana: The state embraces the herbal supplement  
  7. Nebraska:  Remains legal. 
  8. Nevada:  The gambling capital of the United States views kratom as legal for use, sale, and purchase. 
  9. New Hampshire: At this point, the herb remains legal but the state law may change in the near future with the introduction of amendments. 
  10. The state of New Jersey: Kratom is legal statewide

The Next 10 States on the Kratom Legality Map

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Standing up for the herb.

  1. New Mexico: The SE Asian Supplement is legal throughout the state.
  2. New York: At this moment the herb is legal in New York but state law is going to start changing as four new york bills are slated for review.
  3. North Carolina: It is legal in North Carolina
  4. North Dakota: At this time kratom is legal in Roughrider state. 
  5. Ohio: The tropical tree supplement is legal in the Buckeye State
  6. Oklahoma: At this time, kratom is legal in Oklahoma but that might change if a current bill passes. 
  7. Oregon: Kratom is currently legal in the state. 
  8. Pennsylvania: Kratom is legal in the Coal State. 
  9. Rhode Island: Kratom is legal
  10. South Carolina: Kratom remains legal.

The Last 10 States

  1. South Dakota: The herb is legal.
  2. Tennessee: It is illegal in all parts of Tennessee.
  3. Texas: The Lone Star state allows the herb.
  4. Utah: Kratom is legal.
  5. Vermont: Vermont has made the alkaloid 7HM found in kratom illegal. At this time, kratom is under section 8 of the Vermont Board of Medical Practice of the December 5, 2012 Board Meeting Gifford Medical Center, Randolph, VT kratom is currently added to the Regulated Drug Rule in Vermont Title 18 V.S.A. § 4205. Considering that kratom contains levels of 7HM the herb holds the classification of being illegal. 
  6. Virginia: The plant supplement is legal
  7. Washington: Kratom is legal
  8. West Virginia: Mitrogynia is legal
  9. Wisconsin: Kratom is not legal for use, purchase, or sale in Wisconsin.
  10. Wyoming: It remains is legal statewide. 

The Changing Laws

The laws are constantly changing so it’s imperative that you familiarize yourself with where the plant is legal by using the kratom legality map. Online vendors will typically not ship to states where kratom is illegal so you should not even try to order the herb in such locations. 

Steps To Take to Keep the Herb Legal 

What Can You Do With a Criminal Justice Degree | Franklin.edu

Stay on top of the changing laws and start your own petition

If in a state where the herb is teetering between being legal or illegal then please take a moment to sign a petition or write to your government officials to support the herb so it can remain legal. 

Advocates must take a firm stance and reach to legislators by offering them educational material backed by hardcore science.

You can refute the claims made that kratom has no benefits or is harmful by printing up research papers and sharing them.

Everyone must stay aware of the proposed bills in their particular state.

Let your legislators know if you have a problem with any upcoming bills. 

You can also opt to make a donation to an advocacy group that strives to keep the supplement legal such as the American Kratom Association. 

Always try to share positive stories about herbal supplement as a way to educate the public, law enforcement, and government officials. 

If you have any questions about kratom, please contact My Kratom Club.