Is Kratom Legal in My State? Rules and Regulations in 2023

Kratom Facts

Is Kratom Legal in My State? Rules and Regulations in 2023

April 3, 2022

Kratom is legal under federal laws in the United States. However, some jurisdictions have banned its use. Read on to find out the states where it is legal.

In 2016, the Drug Enforcement Administration announced its intention to classify kratom as a schedule 1 drug, which would have made it illegal. However, the agency sought public opinion on the issue and the response was so overwhelming that officials changed course. Kratom was not banned at the federal level and it is legal across the vast majority of the United States.

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However, some states and counties have decided to ban the sale and possession of kratom while others banned it and then reversed their decisions. 

States Where Kratom is Legal in 2023

Kratom’s legal status can change quickly, so we’re providing the most up-to-date information we have about the states where kratom is illegal/legal.

  • Alabama – Kratom is illegal in Alabama. In 2016, Alabama banned mitragynine and 7-hydroxymitragynine which are the two most common alkaloids in kratom.
  • Alaska – it is legal here.
  • Arizona – it is legal in this state.
  • Arkansas – Kratom and its alkaloids have been illegal in Arkansas since 2016. 
  • California – Kratom is legal, except within the city limits of San Diego and Oceanside.
  • Colorado – also it is legal, except in the towns of Monument and Parker. There are also special restrictions on the labeling of kratom products in Denver.
  • Connecticut – totally legal here.
  • Delaware –  yes it is legal here.
  • Florida – yes legal in this state, except within Sarasota County. 
  • Georgia – it is legal here and regulated by the Kratom Consumer Protection Act.
  • Hawaii – in this state it is legal. 
  • Idaho – totally it is legal.
  • Illinois – Kratom is legal for people over the age of 18, except in Jerseyville and Alton.
  • Indiana – Kratom has been illegal in Indiana since 2014.
  • Iowa –  also it is legal in this state. 
  • Kansas – legal here.
  • Kentucky – legal in this state.
  • Louisiana – here it is legal.
  • Maine – it is also legal.
  • Maryland – it is legal.
  • Massachusetts – yes it is legal.
  • Michigan – also itis legal.
  • Minnesota – here it is legal.
  • Mississippi – no it’s illegal here in several counties.
  • Missouri – yes it is legal.
  • Montana-  in this state it is legal.
  • Nebraska – here it is legal.
  • Nevada -also it is legal.
  • New Hampshire – Kratom is legal for individuals over the age of 18, except in Franklin City. 
  • New Jersey – it is legal.
  • New Mexico – yes it is legal.
  • New York – here in this state it is legal.
  • North Carolina – Kratom is legal for people over the age of 18.
  • North Dakota -it is legal.
  • Ohio -also it is legal.
  • Oklahoma -yes it is legal.
  • Oregon – yes here it is legal.
  • Pennsylvania – it is legal.
  • Rhode Island – Kratom is illegal in Rhode Island.
  • South Carolina- also it is legal.
  • South Dakota – yeah it is legal.
  • Tennessee – Kratom is legal for those over the age of 21. Tennessee enforces labeling requirements for kratom products.
  • Texas – in this state it is legal.
  • Utah – here it is legal.
  • Vermont – Kratom is illegal since mitragynine and 7-hydroxymitragynine have been banned. 
  • Virginia – it is legal.
  • Washington – here it is legal.
  • West Virginia – yes it is legal.
  • Wisconsin – Kratom is illegal. 
  • Wyoming – in this state it is legal. 

How Old Do You Have to Be to Buy Kratom?

The answer to how old do you have to be to buy this herb- is a bit more complicated than a single age. However, a general rule of thumb is: you MUST be over the age of 18 to buy kratom. However, there are some caveats to this rule.

Now that you know if it is legal in your state, you may be wondering if you’re old enough to purchase it legally. Since kratom is not regulated on a federal level, age requirements vary by state or even within cities and counties in a state. The question of “How old do you have to be to buy kratom?” is therefore not as straightforward as you may think.

In most states where kratom is legal, there are no age restrictions. However, there are some exceptions that we will highlight. Since laws can change quickly, you should still check with authorities in your state. You need to be 18 in Arizona, Georgia, Illinois, Minnesota, Nevada, New Hampshire, New York, and Utah. However, you must be 21 to use kratom in Tennessee. 

Even if a State doesn’t specify how old you have to be to buy kratom, most vendors will not sell kratom to people under the age of 18 years old. 

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If kit is legal where you live, you’ll be happy to know that we have a wide variety of kratom for sale. Whether you’re looking for capsules, powder, or tea, you’ll find it here. Choose from our extensive product range today!

Kratom Legality Safe For Now- WHO Recommends Against Critical Review  Click here to read!

Jasmin Weber

Jasmin Weber has been working in the kratom & CBD industry for 3 years with Grassroots Harvest and GRH Kratom. She regularly writes content for both the cannabis and kratom websites of these stores & can also be found featured on related sites around the web.

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