Kratom is not federally regulated within the United States, which means there is no system in place to govern the quality, safety, and value of any given kratom product. This is just as true for online kratom sales within the U.S. Though it has not been officially designated a controlled substance, there is no national consensus on the legality of kratom due to disagreements over its efficacy and potential side effects. 

Technically, kratom products are broadly legal at the federal level. However, individual states can set their own rules and regulations on the herb – sometimes, even individual municipalities within a state can have an individual stance. In short, kratom’s legality, in terms of buying, owning, selling, and growing, varies. 

Here, we’ll break down kratom legality by state, so that users around the country can know where they’re legally allowed to own, sell, or buy kratom products like powders and capsules. 

Kratom Legality by State 

Here is a brief rundown of kratom’s legality by state — we’ll go into more details below. 

Is Kratom Legal In My State? 

  • Alabama – No 
  • Alaska – Yes
  • Arizona – Yes 
  • Arkansas – No 
  • California – Yes (Banned in San Diego) 
  • Colorado – Yes (Banned in Denver) 
  • Connecticut – Yes 
  • Delaware – Yes
  • Florida- Yes (Banned in Sarasota County) 
  • Georgia – Yes
  • Hawaii – Yes
  • Idaho – Yes
  • Illinois – Yes (Banned in Jerseyville) 
  • Indiana – No  
  • Iowa- Yes 
  • Kansas – Yes 
  • Kentucky – Yes
  • Louisiana – Yes
  • Maine – Yes
  • Maryland – Yes 
  • Massachusetts – Yes
  • Michigan – Yes 
  • Minnesota – Yes 
  • Mississippi – Yes (Banned in Union County)
  • Missouri – Yes 
  • Montana – Yes 
  • Nebraska – Yes 
  • Nevada – Yes
  • New Hampshire – Yes
  • New Jersey – Yes
  • New Mexico – Yes 
  • New York – Yes 
  • North Carolina – Yes 
  • North Dakota – Yes 
  • Ohio – Yes
  • Oklahoma – Yes 
  • Oregon – Yes
  • Pennsylvania
  • Rhode Island – No 
  • South Carolina  – Yes
  • South Dakota  – Yes
  • Tennessee  – Yes
  • Texas  – Yes
  • Utah  – Yes
  • Vermont – No 
  • Virginia  – Yes
  • Washington  – Yes
  • West Virginia  – Yes
  • Wisconsin – No 
  • Wyoming – Yes

States That Have Banned Kratom 

There are a few states where, across the board, kratom is illegal in every sense. It cannot be owned or sold by anyone, regardless of age or qualifications. Kratom cannot be used, sold, bought, or possessed in the following states: 

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin

Specifically, these states have placed firm bans on mitragynine, hydroxymitragynine, or 7-hydroxymitragynine – otherwise known as the active alkaloids that make kratom, kratom. These bans are in place under the statewide jurisdictions of local Controlled Substance Act (CSA) analogs.  

States Where Kratom is Legal 

While there are states where kratom is legal, there are regulations in place for every state in the country. We’ll divide the list up by regulation, but here’s a quick reference list of states where kratom is, for all intents and purposes, legal, with noted exceptions for specific municipalities: 

  • Alaska
  • Arizona
  • California (Banned in San Diego) 
  • Colorado (Banned in Denver) 
  • Connecticut 
  • Delaware 
  • Florida (Banned in Sarasota County) 
  • Georgia 
  • Hawaii 
  • Idaho 
  • Illinois (Banned in Jerseyville)  
  • Iowa 
  • Kansas 
  • Kentucky 
  • Louisiana
  • Maine 
  • Maryland 
  • Massachusetts 
  • Michigan 
  • Minnesota 
  • Mississippi (Banned in Union County)
  • Missouri 
  • Montana 
  • Nebraska 
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico 
  • New York 
  • North Carolina 
  • North Dakota 
  • Ohio
  • Oklahoma 
  • Oregon
  • Pennsylvania
  • South Carolina 
  • South Dakota 
  • Tennessee 
  • Texas 
  • Utah 
  • Virginia 
  • Washington 
  • West Virginia 
  • Wyoming

Age Restrictions

As far as kratom legality by state goes, most have instituted an age restriction on the purchasing and possession of kratom products. The following states have banned kratom from being sold to persons under certain age ranges: 

  • Must be 18 or older to purchase: Arizona, Georgia, Illinois, Minnesota, Nevada, Oklahoma, Texas, Utah. 
  • Must be 21 or older to purchase: Colorado, Florida, Louisiana, Oregon, South Dakota, Tennessee, Virginia, West Virginia
  • Possession by underage persons is banned: Georgia, Illinois, Minnesota, South Dakota, Tennessee, West Virginia

In order to regulate kratom sales safely, West Virginia requires that websites selling kratom products employ a manner of verifying a purchaser’s age before completing a transaction. 

Marketing and Labeling 

Most states where kratom is legal lay out very specific guidelines for how products are marketed and labeled. This is sometimes to let the consumer know of potential side effects, the Food and Drug Administration’s stance on kratom, and to keep it away from children. 

For example, the state of Utah prohibits kratom distributors and sellers from using packaging, flavoring, or advertising that it considers to be marketing to children, such as using cartoon mascots, candy flavorings, or packaging that resembles child-friendly treats. 

Additionally, West Virginia has now adopted a law holding its commissioner of agriculture to a similar standard, and that the labels must indicate that the product stays out of reach of children and pregnant people. 

Labeling is also a careful consideration in nine states, as it keeps liabilities and unplanned potential side effects at bay. These warnings include requiring that products detail directions for safe use, such as required in Nevada, Texas, Oklahoma, and Georgia – with Texas also demanding that distributors add suggested serving sizes. 

Also, Utah and Virginia must disclose that the Food and Drug Administration has not approved kratom products for the treatment, prevention, or diagnosis of any disease. 

Other factors, such as alkaloid content, ingredients, factual basis, and manufacturing or distribution information, must be included on the product label, varying from state to state.

Product Strength and Purity 

In many states, kratom must be sold free from fillers or contaminants. “Non-Kratom substances” cannot be added to a kratom product sold in Arizona, especially if said substance affects the quality or strength of the product. Nevada, Oklahoma, Texas, and Utah have similar stances on purity. On July 1, 2024, Colorado plans to put into effect a hard ban on the sale of kratom products that have been, quote, “adulterated with fentanyl” or other controlled substances such as fentanyl. 

Some less-than-reputable vendors may occasionally fill their kratom products with synthetic alkaloids. To stop this and regulate kratom sold within state lines, some states, like Tennessee, enforce that kratom can only be sold in a ‘natural’ form, whereas Arizona, Texas, Oklahoma, and Utah all define ‘kratom’ as not containing synthetic alkaloid compounds. 

That dedication to purity is also why some states, like Oklahoma, demand that vendors provide the State Department of Health with test results from a testing facility within the U.S. that ensures that there’s nothing within the product that isn’t disclosed on the label. Oregon, meanwhile, asks that third-party testing be carried out to check for microbiological contaminants, solvents, heavy metals, mycotoxins, and pesticides. Utah and West Virginia both require testing as well, with the latter additionally including ‘sampling’ among its requirements for the safe and legal sale of kratom. 

Buying Kratom the Smart Way 

Deciding kratom legality by state can be difficult, especially since the rules can vary not just from state to state, but even just within certain cities or counties. Understandably, even the states that haven’t banned kratom must still place regulations on what they sell, as there is still a lot to learn about this herb. Even within a state where kratom is legal, ensuring that you’re getting the best product for the best value is crucial.

That’s why Kratom Store prides itself on providing high-quality, pure, third-party-tested kratom, without the gut punch of a sky-high price tag. Browse our selection, and find the best products for your everyday needs, from capsules to powders, and learn that premium kratom doesn’t need to come with a premium price tag. Shop now!

Disclaimer: The information in this blog is accurate as of May 2024.