Which States Are Currently Considering Kratom Bans?

Where Is Kratom Illegal Now And Ban To Remain In Effect

In the following states, you cannot legally own, possess, or use kratom. You cannot buy or sell kratom either. However, there has been some progress in these states owing to the efforts of kratom enthusiasts and the American Kratom Association. Read more to find the latest update on Kratom Ban 2023.


According to Hawley & Associates LLC, kratom was legal until 2016. However, later in the year, legislation was passed that gave kratom the status of “Schedule 1 substance,” which treated possession, use, selling, or buying of kratom as a crime equivalent to using drugs like heroin or LSD.


Like Arkansas, kratom was banned in all forms by the Drug Enforcement Authority in 2016. Dr. Smith, who was the head of the Arkansas Department of Health, said the following about kratom: “As we looked into it, this was a substance that had been on the DEA’s list of drugs of concern for some time; across the country, it seemed like use was starting to ramp up.” Via KATV As of 2023, Arkansas considered kratom a “Schedule 1 substance, ” treating it like other banned sedative substances.


Indiana was amongst the first states to regulate kratom as a Schedule 1 substance in 2014. Substances classified under Schedule I are characterized by a strong likelihood of being abused and lacking any recognized medicinal applications. However, as of 2023, kratom could become legal again. According to WRTV Indianapolis, House Bill 1500 has seen some progress in decriminalizing kratom.

Indiana State Representative Jim Lucas is leading an effort to decriminalize kratom. He argues that punishing people who use the plant, known for its pain relief and anti-anxiety properties, is unfair and unnecessary. House Bill 1500, which aims to regulate kratom sales and require product labeling, has been approved by the Indiana House of Representatives and will now be considered by the state’s Senate. Kratom supporters believe that the bill’s passing will contribute to ensuring the drug’s customers’ safety and efficacy.

Rhode Island

Good News! Kratom might be legalized soon in Rhode Island. Since 2017 Rhode Island has faced legal issues regarding using kratom when the main alkaloids were added to the Controlled Substance List. The ban was not heavily publicized, and the kratom community was caught off guard, leading to user confusion. Although kratom itself was not included in the ban, the inclusion of its main alkaloids still caused concern among those who relied on it for its benefits. To regulate the market and raise the caliber of kratom products, a new bill was submitted in March 2019.

The Kratom Consumer Protection Act (KCPA) requires every kratom product to have a label indicating the alkaloids contained in it. Contrarily, it is prohibited to sell kratom that has been tampered with or is made synthetically. Although the KCPA has yet to be fully approved, the American Kratom Association (AKA) is working towards obtaining approval for it in Rhode Island in 2021.

Since 2021 AKA has been urging the bill to be passed and agreed to some restrictions and regulations on kratom production and sale. However, as of 2023, the bill is in the works and has yet to be passed.  Find the General Assembly Verdict in January 2022 here


While currently, Vermont is entertaining a complete ban on kratom, the American Kratom Association has been working diligently to unban the kratom and regulate it instead. Despite its current illegality, enthusiasts of kratom also haven’t given up on their efforts to decriminalize the plant in Vermont.

In 2020, House Bill H.878 was introduced, which sought to legalize the herb and other natural substances like ayahuasca, psilocybin, and peyote. Unfortunately, the bill didn’t pass after being referred to the Judiciary Committee. However, introducing the Vermont Kratom Consumer Protection Act in 2021 provides new hope for the plant’s legalization.

Although the bill is still under scrutiny, if it goes through, everyone will be able to enjoy nature’s power machine in all its glory! Vendors can sell kratom legally, and consumers can use it in their daily lives. Fingers crossed that the bill will be approved soon! (Source: Burlington Free Press).

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Unfortunately, as of February 2023, the bill introduced to legalize kratom has been dropped. According to Jsonline, assembly lawmakers had to abandon a vote on a bill to legalize the herbal supplement kratom after receiving objections from police and doctors. Assembly Speaker Robin Vos has expressed his support for the legislation to legalize kratom but agreed the bill might have to be suspended due to a lack of votes.

Which States Are Considering Kratom Ban?

The following states are fighting a battle on the legality of kratom. In every state’s assembly, there are both advocates and opponents of Kratom. Find essential details below.


Florida has legalized kratom use everywhere except for Sarasota County. However, as of March 2023, regulators in Florida are looking to restrict kratom consumption. According to Tampa Bay Times, the reason is its popularity and opium-like effects.


KCPA is passed, and kratom is legal here. However, according to GBP news, as of February 2023, lawmakers aim to ban kratom in Georgia. In the news: “Rep. Tanya Miller (D – Atlanta) pointed out in a committee hearing for the bill that there is bipartisan support for a federal law to protect access to kratom and regulate its quality.” The voting on the bill is still pending. KCPA is passed, and kratom is legal here. However, according to GBP news, as of February 2023, lawmakers aim to ban kratom in Georgia. In the news, Representative Tanya Miller expressed her views on the divided opinion on whether a kratom ban should be implemented instead of regulating its quality and access. The voting on the bill is still pending.


Despite Kratom being legal, its future remains uncertain as ongoing legislation may result in a potential ban on the substance.


In most areas, individuals 18 years old and above can legally use and possess Kratom. It is worth mentioning that Jerseyville has prohibited the use of Kratom within its jurisdiction As of 2023, it has also been made illegal in Alton, Glen Carbon, and Edwardsville.


Currently, Kratom is considered legal, despite previous attempts to criminalize the substance through a bill that was eventually removed. The Kratom Consumer Protection Act (KCPA) is under review, which could potentially result in additional regulations surrounding Kratom use.


Kratom is legal, but laws are making ways to ban it. According to the Richmond Register: In 2022, House Bill 569 was proposed by Representative Josh Calloway in the legislative session. The bill aimed to prohibit the sale or distribution of kratom products or extracts to individuals below the age of 21 by kratom processors or retailers. Although the bill did not pass, Calloway highlighted safety concerns related to kratom use in Kentucky and the need for addressing them.


Although Kratom is currently legal, it may be placed on the controlled substances list by the DEA, which could lead to a bill criminalizing its use and sale.  Nola reports that although the Louisiana Legislature passed a bill in 2019 to make Kratom illegal if it is regulated by the DEA, it is yet to happen. Meanwhile, several parishes, including Ascension, Rapides, and potentially Livingston, have locally banned Kratom. Additionally, a member of the state senate has requested the St. Tammany Parish Council to outlaw the substance.


The legality of Kratom is currently intact, but there is pending legislation to reclassify it as a Schedule II controlled substance. As of September 2022, Michigan Bridge reports on regulating the “supplement” kratom by requiring a proper license and testing the product for anyone who wants to sell it. In addition to this, kratom will be illegal in all forms for minors. A number of democrats, including state representatives state representative Lori Stone and D-Warren, sponsored a bill that brings the controversial herb into light.


As of January 2023, lawmakers are trying to get kratom off local store shelves. As WDAM7 reports: Representative Donnie Scoggin is pushing for House Bill 364, which proposes to categorize two substances as Schedule One drugs and make their sale illegal. Scoggin hopes that the bill’s passing will remove the products from gas store shelves, making access to them more difficult.


As of March 17, 2023, 8newsnow reports on Assembly Bill 322, which was introduced recently. It proposes to ban Kratom in Nevada unless it is listed as a registered product by the Nevada Board of Oriental Medicine. The bill, if passed, will delegate the decision on which substances can be permitted or banned to the state board. As per the bill summary, AB322 prohibits any activities related to kratom products, including preparing, distributing, advertising, selling, or offering them for sale.


According to The Columbus Dispatch,  the state plans to regulate Kratom despite its legality. This comes after the Ohio Board of Pharmacy’s unsuccessful attempt to categorize it as a Schedule I controlled substance in 2018. House Bill 236, carried by Reps. Scott Lipps, R-Franklin, and Mark Fraizer, R-Newark, aim to prevent any future attempts to ban kratom. Additionally, House Bill 322 (AB322) was introduced recently in Nevada, proposing a ban on kratom unless registered as a product by the Nevada Board of Oriental Medicine.


The previous update showed a pending bill to regulate kratom in the state of Oklahoma. As of March 2022, JDSUPRA reports the bill was passed on February 9, 2022.  With a vote of 83-10, House Bill number 236 received the majority of votes in the Ohio House of Representatives. The passed bill is now passed to the Senate Health Committee, where further actions will be taken before making it a part of the legislation permanently.


According to Pennlive,  The Pennsylvania House of Representatives voted to ban the sale of kratom to people below the age of 18, just like the state of Michigan. The bill was passed on Monday and aims to fine first offenses on any seller that goes against the law. The fine can amount to anywhere between 100 dollars to 500 dollars.


According to KXAN, a bill is pending to regulate the sale of kratom in Texas. Reported March 10, 2023:Kratom is currently legal, but House Bill 861 and Senate Bill 497 aim to regulate its sale in the state by enforcing safe manufacturing standards and proper product labeling for vendors. These bills do not ban the use of kratom but propose penalties for non-compliance. Despite its legality, there is a pending bill in the state to regulate the substance.


Good news for kratom enthusiasts! According to ABC 8 News, the latest updates show that Virginia legislators have rejected a proposal to regulate kratom. While the FDA report did not recommend an outright ban on the substance, it urged caution until more research is conducted on its effects. Some members of the committee also adopted this cautious approach and decided to defer action on kratom for this session by a 14-7 vote to lay the bill aside.

What Is Kratom Consumer Act

The Kratom Consumer Protection Act (KCPA) is a legislative measure that seeks to regulate the production, sale, and distribution of Kratom in states where it is legal. The act establishes a set of quality standards for Kratom products, such as labeling requirements, testing for contaminants, and proper packaging. It also prohibits the sale of Kratom to minors and imposes penalties on vendors who violate the act’s provisions. The KCPA aims to ensure consumer safety and protect the rights of Kratom users while promoting responsible Kratom use.

How Can You Help To Protect Kratom?

With so much legislation going around, it is important to understand what role you can play to make your voice heard. In case your state is considering a Kratom ban, it is recommended to gather as much information as possible and educate yourself on the matter. Read on what actions you can take to Protect Kratom.  Write to your local representative and tell them about your kratom healing journey. Join advocacy groups and work on this issue with your local community.  Lastly, make sure you follow updates from the American Kratom Association and donate to them. They are working tirelessly on kratom bans and improving regulations on selling kratom. If you stand up today, you will reap the efforts tomorrow.

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