Legal Status of Kratom in the USA: State by State Complete Guide

Kratom can be perfectly legal to buy in one part of the United States and prohibited a few hours’ drive away. In another state, you may be able to buy it, but only if the product meets certain standards or the person selling it follows specific rules. Some cities and counties have their own restrictions, too.

That patchwork is partly a product of how kratom is legally treated in the US. Across the States, the plant itself is not classified as a substance subject to federal control, so there is no nationwide ban on buying or possessing ordinary kratom. States have pursued a different approach, however, and the legal picture has continued to shift as lawmakers decide how they want to regulate it.

What Exactly is kratom?

Most people encountering kratom in the US will never see the plant itself. What they are likely to see is a packet of kratom powder or a bottle of capsules. Increasingly, it is being sold as a concentrated extract. All of these start with Mitragyna speciosa, a tree that grows freely across Southeast Asia and have traditionally been used by the indigenous people there.

The leaf contains a number of alkaloids. Mitragynine is the predominant compound; natural 7-hydroxymitragynine is found in much smaller amounts. Once manufacturers start concentrating individual compounds, the chemistry changes considerably. There are now products sold specifically for their 7-OH content, along with substances related to kratom that are made synthetically instead of being taken directly from the plant.

That has become an important dividing line in the US. The legal questions surrounding a bag of powdered leaf are not necessarily the same ones that arise with a highly concentrated extract or a synthetic alkaloid. Federal regulators have been paying particular attention to those products, and some state laws draw their own distinctions.

It is an easy detail to miss when the word “kratom” appears on a label. For the rest of the legal discussion, though, it is a useful one to have in mind.

What Does Federal Law Say About Kratom?

The federal story goes back to August 2016, when the DEA published a notice concerning two kratom alkaloids: 7-hydroxymitragynine and mitragynine. Both were proposed for Schedule I. The notice did not schedule the kratom plant itself. It was withdrawn within weeks, after a substantial public response, and the plant remained outside the federal schedules.

The DEA has continued to list kratom as an Emerging Substance of Concern. In a separate development, action on a different front has been taken by the FDA. Its position is that kratom cannot be legally used a dietary supplement, and products sold as foods or drugs fall under its separate regulatory authority.

There is another federal issue now surrounding 7-OH. Kratom leaf contains it naturally, although only in trace quantities. The concentrations found in some products sold specifically as 7-OH are much higher. The FDA warned(July 2025) companies marketing those products, and in 2026, DEA gave a proposal to place both alkaloids in Schedule I, together with three related substances that do not occur naturally in the kratom plant.

That proposal is about concentrated and synthetic material. None of this produces a single federal answer for every kratom product on the market. The plant still continues to Schedule under federal drug control law. The rules governing a product's ingredients and the claims made about it are another matter entirely. Then state law enters the picture, and that is where the legal position can change from one part of the country to another.

Where is Kratom Unregulated in The US?

New Mexico currently has no statewide kratom restrictions in force, and no kratom legislation is shown as having been introduced there during the 2025–26 session. 

Other states without a statewide ban include Alaska, Delaware, Hawaii, Idaho, Iowa, Maine, Michigan, Missouri, New Hampshire, Montana, New Jersey, North Carolina, Pennsylvania, and Washington. However, several of those states have introduced kratom legislation during the current session, so their status could change before the session ends.

The bills could cover different ground, including sales restrictions, product standards, and age limits.  Some include specific measures directed at 7-OH.

(New Mexico still has local restrictions, and Albuquerque began enforcing a ban on retail kratom sales in 2025.)

Where is Kratom illegal in The US?

Only a handful of states have where kratom is banned, but the list has grown quickly. And “banned” does not always describe the law in quite the same way. A state may put kratom or its alkaloids into a controlled-substances schedule, prohibit possession as well as sales, or use another form of state authority to keep kratom products off the market.

Kratom is prohibited statewide in these 11 states:

• Alabama: Alkaloids 7-OH are controlled substances.
• Arkansas: kratom's principal alkaloids are controlled substances, which makes ordinary kratom illegal.
• Connecticut: any part of the kratom plant became a substance subject to federal control in March 2026. Possession, manufacture, distribution and sale is prohibited.
• Indiana: 7-hydroxymitragynine and the alkaloid mitragynine is covered by the state's laws.
• Kansas: in 2025 the state added 7-OH and mitragynine the state's controlled-substance prohibition.
• Louisiana: has specifically prohibited the possession and sales of kratom since 2025.
• Massachusetts: An interim emergency rule placed kratom in Schedule I took effective on 28th August 2026. The order is temporary and is currently set to remain in force for one year unless changed sooner.
• North Dakota: An executive order took effect in August 2026, making kratom unlawful.
• Tennessee: state law prohibits kratom and its related compounds.
• Vermont: 7-OH are classified as regulated drugs, so kratom is effectively prohibited.
• Wisconsin: 7-hydroxymitragynine and the alkaloid mitragynine both are restricted products.
• California needs a separate mention. It has not simply added kratom to its controlled-substances schedules, but the governing body of Public Health California has determined that the retail and online sale of kratom and products containing 7-OH for consumption is unlawful under the state's food and drug law. 

That makes California an unusual case: the restriction concerns commercial sales, not the same kind of statewide possession ban found in the states above.

There are also local bans and restrictions in places where kratom is lawful under state law. The rules can cover possession, sales, age, product strength, or particular ingredients. A product that can be bought legally in one state, therefore, may be prohibited altogether in the next one, while a third state may allow it subject to conditions.

Where is Kratom Legal, But Regulated?

A customer in Florida who is under 21 cannot legally be sold kratom. Florida’s kratom ACT, which took effect in 2023, is quite short. Its main restriction is the age of sale, with the state leaving the state agriculture and consumer services agency to adopt rules for administering the law.

Arizona's law addresses the contents of the product itself. Sales are permitted from age 18, but the state does not allow synthetic alkaloids in kratom products and places a 2 percent ceiling on 7-hydroxymitragynine as a share of the product's alkaloid composition. The label also has to give the amounts of mitragynine and the alkaloid 7-hydroxymitragynine. A product containing a dangerous non-kratom substance cannot be sold either.

South Carolina adopted its Legislation Protecting Kratom Consumers in 2025. Sales to anyone under 21 are prohibited, and the law reaches further into how kratom is made and presented for sale. The product has to meet labeling requirements, while synthetic alkaloids and excessive residual solvents are prohibited. South Carolina has also built laboratory testing into its rules, requiring a certificate of analysis from an accredited laboratory for each product.

Rhode Island took yet another approach when its Kratom Act came into effect on April 1, 2026. A business cannot simply add kratom to its existing range of products and start selling it. Manufacturing, importing, distributing, and retailing all require state approval, with separate licensing requirements for the different types of operation. Retail staff must also complete training on the state's kratom laws before they can make sales.

The Legislation Protecting Kratom Consumers is better understood as a type of state legislation than as one uniform law. Florida's version is relatively limited. Arizona regulates what can be in the product. South Carolina has put more emphasis on testing and labeling, while Rhode Island has brought the businesses selling kratom into a licensing system.

There are other states with their own versions or similar laws, and the details continue to change. A state described simply as one where kratom is “legal” may have rules that affect the age of the customer, the formulation on the shelf, or the business selling it. Checking the law that applies in that particular state is the only reliable way to know where the line falls.

Kratom Can Be Illegal Locally 

California has no statewide kratom ban, but that does not give every city and county a free hand to sell it. San Diego County, for example, has implemented local restrictions on kratom sales. Elsewhere, municipalities have taken their own approach, with some prohibiting sales and others placing conditions on where or how kratom can be sold.

The same situation can arise in states that have specific kratom regulations. A retailer can operate legally under the state framework yet also have to comply with an ordinance adopted by the city or county. Local rules can cover the sale itself, and they do not necessarily appear in the state legislation.

These ordinances can change without any corresponding change in state law. A local restriction that appeared on a list a few years ago may have been repealed, while a new one may have been introduced since. For that reason, it can be necessary to check the requirements for the particular municipality even when the state-level position is clear.

Can You Buy Kratom Online If It is Legal Where You Live?

A kratom retailer's shipping page can make the legal picture look simpler than it is. One company may refuse orders from a state where kratom is lawful under state law. Another may ship there. Retailers make those decisions according to their own policies, and those policies can change without the law changing with them.

Then there is the package itself. A website may sell powdered leaf alongside products made with concentrated 7-hydroxymitragynine, all under the broad heading of kratom. The distinction has legal consequences in some states. A retailer willing to ship a 7-OH product does not necessarily have the same freedom to ship powdered leaf, or vice versa.

An order can therefore pass through an online checkout without answering the question of whether it is lawful at the destination. The relevant rules may attach to the product as well as the place where it is being sold. In some states, the difference is written directly into the law through limits on 7-OH or bans on particular formulations.

How To Find Legal Status of Kratom in Your Area?

A search for “is kratom legal in my state?” will bring up plenty of answers, but the useful one is the statute itself. The state legislature's website is usually the best starting point, with state agencies sometimes publishing the regulations that sit behind it. The wording can be surprisingly specific. One law may permit kratom while setting an age limit; another may have separate provisions for 7-hydroxymitragynine.

The local question comes after that. City and county codes are where an ordinance is likely to appear, and it may have nothing obvious to connect it to the state's kratom law. A retailer's shipping page is further removed from the legal position: it reflects the company's own policy and can be narrower than the law.

Then there is the date attached to whatever you have found. A state law amended last year may look very different from an article written before the amendment, even when both still appear in search results. The same problem applies to summaries copied from older sources.

Is Kratom FDA Approved? 

Legal status and FDA approval are separate questions. There are no drugs that contain kratom or the alkaloids derived from it that are sold legally in the US. FDA says kratom cannot be legal used as a nutritional supplement, either.

The food question is more specific. Kratom is potentially hazardous food option declared by FDA. Under the drug and food law, that makes food containing kratom adulterated. The agency's position applies to kratom itself and to kratom extracts used as ingredients.

That has already brought FDA action against products that might look quite ordinary on a store shelf. In June 2025, the agency sent warning letters to companies selling products that included kratom extract or products that contain 7-OH in drink mixes and gummies. The letters did not concern whether kratom was lawful under a particular state's law but dealt with the federal status of the ingredient and the way the products were being sold.

The FDA has also taken action against companies making claims that kratom products can treat medical conditions. A seller therefore must comply with FDA requirements even when the underlying product is permitted for sale under the law of the state where it operates.

A vendor that claims that he has “FDA approved” kratom gives you a reason to look elsewhere. FDA approval applies to specific products and uses, and as there is no FDA-approved kratom drug legally on the US market, it is a claim that should make you question what else the seller is telling you. 

What Could Change in The Future?

The rules around kratom are still being written. The Kratom Association of USA is useful for keeping an eye on proposed state legislation, although it represents the kratom market and its information should be checked against the actual bill or law. 

A state legislature's website is the place to confirm what has passed and when it takes effect. That is especially important with older state-by-state lists. They can look authoritative simply because they are still online, even when the information on them is no longer current.

Final Thoughts

There is no useful yes-or-no answer to the question of the legality of kratom in the US. The answer can change when you cross a state line, and the product itself can matter too. A bag of powdered leaf and a high potency of 7-OH product may carry very different legal implications.

That can make kratom law frustrating to navigate, particularly when an apparently authoritative answer turns out to be misleading or outdated. The safest approach is to check the current rules for the place where you live and the product you intend to buy. The legal position today is the only one that matters.

If you are buying kratom, it is important to find a reputable retailer. Jack Botanicals provides transparency worth looking for, with information about its products and testing available to customers before they buy. When the legal landscape is this variable, knowing what you are buying and who you are buying it from is a sensible place to start.