The Lawsuit Legal Guide to Kratom Legality by State & The Fight for (and Against) Regulation

definitive guide to kratom legality status for each state

What is Kratom?

Kratom is an herbal supplement which can be used as a stimulant in low doses, and a sedative or pain reliever in larger doses.

It has been used to treat chronic pain, depression, anxiety, digestive ailments, fatigue, panic attacks, symptoms of fibromyalgia and to help enhance mood, increase energy, suppress appetite and lower blood pressure.

It is also widely used as an aid for withdrawal from opium dependence.

The main active ingredients of Kratom are the alkaloids mitragynine and 7-hydroxymitragynine which can have analgesic (pain relieving) effects.

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    The herbal extract comes from the leaves of an evergreen tree (Mitragyna speciosa) that grows in Thailand, Malaysia, Papua New Guinea, Indonesia and other parts of Southeast Asia.

    Kratom is also known by the street names ithang, thang, kakuam, thom, ketom, biak, kratho, or ketum.

    It can be taken as a liquid extract for higher concentrated doses. Side effects may include nausea, constipation, muscle tremors, tongue numbness, dry mouth, itching, sweating, dizziness, hallucination and the need to urinate.

    In larger doses or when mixed with other drugs it may cause seizures, brain swelling, liver damage, trouble breathing, cardiac arrest and even death when mixed with other substances.



    Official FDA Stance

    The FDA has issued several warnings addressing illegal marketing of the drug’s unproven ability to treat opioid withdrawal, heavy metals found in Kratom products, and a recall on Kratom products due to a risk of salmonella.

    There are no FDA approved uses for the drug. The FDA is concerned that kratom, which affects the same opioid brain receptors as morphine, appears to have properties that expose users to the risks of addiction, abuse, and dependence.

    In November 2017, the FDA issued a public safety advisory warning consumers not to use kratom because “it appears to have properties that expose users to the risks of addiction, abuse, and dependence.”



    Use to Manage Opioid Withdrawal

    Kratom has long been used to self treat opioid withdrawal in Southeast Asia and is increasingly being used in the U.S. for self-management of pain or withdrawal from opioid drugs such as heroin and prescription pain relievers.

    Kratom interacts with opioid receptors which can lead to sedation, pleasure, and decreased pain in high doses and sociability, energy and alertness in small doses.

    Though used to treat opioid addiction issues, some studies have shown that Kratom may lead to its own addiction problems.



    An FDA crackdown on Kratom is considered by many proponents to be a result of a campaign by Pharmaceutical companies to eliminate this alternative product.

    State by State Assessment

    pharmaceutical debate


    Kratom is currently banned in six states: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.

    There are also active bans in several U.S. cities and counties including Denver, Colorado, Jerseyville, Indiana, and Sarasota County, Florida as well as in other countries including Australia, Bhutan, Malaysia, and Myanmar.

    Across the U.S. there are active pushes both to ban Kratom and to secure its legality. Below is a state by state assessment of Kratom’s current legality and any pending efforts to change its status.



    Alabama

      Illegal - May 2016 legislation made Kratom a Schedule 1 controlled

    Alaska

      Legal - No known active legislative proposals.

    Arizona

      Legal - May 2019 Arizona Kratom Consumer Protection Act passed. Act prohibits the sale of kratom products to minors and creates requirements for product label.

    Arkansas

      Illegal - Banned and added to the controlled substance list in 2016.

    California

      Legal *Except in San Diego - Banned in San Diego and Oceanside, but legal in the rest of San Diego County.

    Colorado

      Legal *Some restrictions in Dever - In 2017 the Denver Environmental Health Dept restricted the sale of kratom for human consumption and required sellers to attach warning labels stating that it should not be used for human consumption.

    Connecticut

      Legal - Connecticut Legal No known active legislative proposals.

    Delaware

      Legal - No known active legislative proposals.

    Oregon

      Legal - The Kratom Consumer Protection Act aimed at securing its legality is currently being reviewed.

    Florida

      Legal *Except in Sarasota County - Attempted 2017 Statewide legislation to ban Kratom failed. There is a ban in Sarasota county and other cities and counties are studying.

    Georgia

      Legal - Kratom Consumer Protection Act Passed.

    Hawaii

      Legal - No known active legislative proposals.

    Idaho

      Legal - In June 2019, the Idaho Medical Association issued a resolution stating its policy that it support legislatives or regulatory efforts to prohibit the sale or distribution of kratom.

    Illinois

      Legal* - Kratom Control Act prohibits use by minors. Legislation proposed in 2017 to ban Kratom completely failed in January 2019. Not legal in Alton, Glen Carbon and Jerseyville, IL.

    Indiana

      Illegal - 2014 legislation banned Kratom

    Iowa

      Legal - No known active legislative proposals.

    Kansas

      Legal - A 2018 bill attempting to classify it as an illegal drug did not pass. A March 2019 bill creating the Kratom Consumer Protection Act was introduced and referred to the Committee on Federal and State Affairs. No further action.

    Kentucky

      Legal - A 2016 billed attempting to ban Kratom did not pass.

    Louisiana

      Legal* - A new 2019 law will make Kratom illegal in Louisiana if the DEA ever categorizes it as a Schedule I drug.

    Maine

      Legal - No known active legislative proposals.

    Maryland

      Legal - No known active legislative proposals.

    Massachusetts

      Legal - No known active legislative proposals.

    Michigan

      Legal - 2014 bill attempting to class Kratom as a Schedule 5 drug did not pass.

    Minnesota

      Legal - No known active legislative proposals.

    Missouri

      Legal - No known active legislative proposals.

    Mississippi

      Legal in parts* - 10 counties and 23 cities in Northern Mississippi have made Kratom illegal after a statewide ban failed in 2019.

    Montana

      Legal - No known active legislative proposals.

    Nebraska

      Legal - No known active legislative proposals.

    Nevada

      Legal - 2023 Kratom Consumer Protection Act prohibits selling Kratom to minors or altering/contaminating Kratom products.

    New Hampshire

      Legal - A 2016 bill prohibit Kratom for minors. In Sept 2019 Franklin City, NH banned Kratom.

    New Jersey

      Legal - In 2018 a failed bill to ban Kratom was re-introduced and passed to the Assembly Law and Public Safety Committee. No action has been taken.

    New Mexico

      Legal - No known active legislative proposals.

    New York

      Legal - There are multiple bills pending that include age and packaging regulations.

    North Carolina

      Legal - Legislation passed to limit Kratom to individuals over 18. Earlier legislation to ban Kratom failed.

    North Dakota

      Legal - No known active legislative proposals.

    Ohio

      Legal* - In 2018 Ohio State Pharmacy Board attempted to classify Kratom as a Schedule 1 Drug, but failed after much public comment. A Kratom Consumer Protection Act limiting use for minors is being considered in the 2019/2020 session.

    Oklahoma

      Legal - No known active legislative proposals. A 2014 attempt to ban Kratom failed.

    Oregon

      Legal - Bill to regulate Kratom was considered in 2019.

    Pennsylvania

      Legal - House Resolution 460 issued in Sept 2019 urging the FDA to provide guidelines and protocols.

    Rhode Island

      Ilegal - Banned as a controlled substance in 2017. A 2019 bill was proposed, but not yet passed, to legalize and regulate it.

    South Carolina

      Legal - No known active legislative proposals.

    South Dakota

      Legal - No known active legislative proposals.

    Tennessee

      Legal - Tennessee Legal Only legal to persons over 21 and in its natural form with labels.

    Texas

      Legal - No known active legislative proposals.

    Utah

      Legal - The Kratom Consumer Protection Act passed in March 2019 creating protections for adulterated and misbranded products.

    Vermont

      Illegal - In 2016 it was added to the list of regulated drugs that banned in the State.

    Virginia

      Legal - No known active legislative proposals.

    Washington

      Legal - No known active legislative proposals.

    Washington D.C.

      Legal - Mitragyna was added to the list of controlled substances in 2016, but removed from the list in 2018.

    West Virginia

      Legal - An attempt to add it the list of controlled substances failed.

    Wisconsin

      Illegal - Banned in 2014. Wisconsin Health Committee held a hearing to reconsider in October 2019. A bill reversing the ban may be in the works.

    Wyoming

      Legal - No known active legislative proposals.

    The Future of Kratom : Bans, Regulations & Legality


    While Kratom is still legal under federal law, the FDA has issued multiple consumer warnings. In 2016, the DEA threatened to add Kratom to the list of Schedule 1 drugs, a class for drugs such as heroin that have no valid medical uses and a high potential for abuse.

    However, the DEA’s attempt to ban Kratom was put on hold after a massive response from Kratom advocates including patients, doctors, congressional representatives and the public who said it helped with opioid withdrawal and chronic pain management.

    In 2018, the Department of Health and Human Services announced its recommended to the DEA to ban Kratom, in spite of the public backlash.

    While a number of deaths have been associated with Kratom use, those deaths involve other drugs or alcohol as well. Unless it is banned on a federal level, States will continue to regulate or not regulate as they see fit.

    With advocates on both sides, more research is needed.

    Many believe that at a minimum education, research and regulation on dosages and contamination are needed to improve safety.

     

     

     

     

     

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