Alabama

Legal Status: Illegal. People in the state carrying 250 grams or more face felony drug-trafficking charges. See the case of Shaina Brown
Current bill: No current bills
Past bills: SB 226 (2016, banning Kratom), petition in 2016 and petition in 2017 to overturn ban (both failed)

In 2016, Alabama included Kratom’s main two alkaloids, mitragynine and 7-hydroxymitragynine, to the controlled substances list as Schedule I drugs. Therefore, since then, possessing, manufacturing, buying or selling Kratom is illegal in the state. The bill classifies Kratom’s alkaloids as synthetic substances, which is inaccurate.

Two petitions were filed to revert this bill but none of them has succeeded.

Alaska

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Arizona

Legal Status: Currently legal and regulated by KCPA (2019).
Current bill: none
Past bills: HB2601 PASSED, signed by governor 5/23/22. Updates the language and penalties of the previous KCPA

AZ HB2453 was reviewed and kratom taken out of it.

Arizona passed the Kratom Consumer Protection Act (KCPA) in April 2019, making Kratom a regulated legal substance in the state. Before this, though, there was a bill, AZ HB2453, which intended to consider Kratom and its main components (Mitragynine and 7-hydroxymitragynine) as substances and add them to the list of controlled drugs. Since this was not accurate for pure Kratom’s composition, it was taken out of the bill and it remained unregulated until the KCPA was passed in 2019.

Kratom can be currently purchased in Arizona in tobacco and herbs stores. Phoenix is the center of all Kratom sales but it can be purchased online state wide. KCPA regulates Kratom quality of any seller in the state. Buying Kratom in a vending machine is also a possibility in Arizona!

Arkansas

Legal Status: Illegal
Current bill: No current bill
Past bills: Kratom was added to the controlled substances list as a Schedule I substance.

In 2015, the state of Arkansas added Kratom to its list of Schedule I drugs, which means it is considered a highly addictive substance with no medical value. Kratom and its main active elements, mitragynine and 7-hydroxymitragynine, were considered Opium Derivatives together with heroin, codeine, and morphine. Kratom was included on the list with other substances that were synthetic substances, unlike Kratom.

The Fourth Judicial Drug Task Force has enforced actions against businesses that continued selling Kratom after it became illegal. Kratom was linked to a few health incidents in Arkansas and together with FDA recommendations, the state decided to take action against it.

California

Legal status: Currently legal (Except for San Diego, where it’s banned)
Current Bill: No current bills
Past bills: No past bills

California is one of the largest states in the US and the most populated. It is well known for being a forward-thinking state and it was the first to legalize medical cannabis in 1996.

As one could expect, Kratom is currently legal in the state of California, with the exception of the city of San Diego.

Since June 2016, the City Council of San Diego ruled on banning Kratom as well as spice, bath salts, and other synthetic and psychoactive substances. The ban prohibits possession, sale, manufacture, and distribution of Kratom and it only applies to the City limits, not to the whole of San Diego County.

Colorado

Legal Status: Currently legal, except for Parker and Monument. In Denver, vendors must sell as “not for human consumption”.
Current bill: None
Past bills: SB147 – Introduced 2/10/23. Requires all kratom products to be tested and registered with the Department of Revenue. Failed on February 28 2023 after Senate Committee on Finance postponed indefinitely.
Feasibility report on the regulation of kratom published in January 2023.
SB120 “Regulation Of Kratom Processors” . PASSED 5/26/22. Will regulate manufacture and sales of kratom products to those over 21 only, pursuiant to a feasibility report on regulating kratom by the Executive Director to the Co. General Assembly, due in January 2023.

Kratom is currently legal in the state of Colorado, with some exceptions: The cities of Parker and Monument have banned it completely while the city of Denver has restricted its labelling to “not suitable for human consumption”.

In November, 2017, the Denver Department of Public Health and Environment “restricted the sale or service of kratom for human consumption in Denver“. Therefore, any Kratom sellers need to label their product as not suitable for human consumption and information regarding the potential dangers of Kratom must be included as well. Recommendations or indications on how to use Kratom are also illegal.

Kratom can be bought in vaping, smoke and herbs stores in main cities in Colorado.

In 2019, guided by the FDA reports, the cities of Parker and Monument passed ordinances banning Kratom retail, with fines reaching $500 in Parker.

Connecticut

Legal Status: Currently legal
Current bill: none
Past bills: HB05134 An Act Requiring The Department Of Consumer Protection To Conduct A Study And Submit A Report Concerning Kratom. Introduced 1/10/2023 and referred to Joint Committee on General Law. To “study the effects of kratom on the health of adults and children”. Died at end of session.
SB00920: “To prohibit the sale of kratom products to individuals under twenty-one years of age.” Introduced 1/27/23. Public Hearing 2/7/23. Died at end of session.

Delaware

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

There is no past or pending legislation about Kratom in the state of Delaware. Therefore, Kratom is legal to sell, buy and possess in the state.

Florida

Legal Status: Currently legal and regulated under the Kratom Consumer Protection Act passed in 2023. (except for Sarasota County under Code of Ordinances since 2014)
Current bill: none.
Past bills: H0179/S0136 Florida Kratom Consumer Protection Act signed into law 6/2/23. Prohibits sale to people under 21, prohibits contaminated/adulterated products, specifies label requirements. S0136 referred to To Senate Commerce And Tourism Committee 1/19/2023.
Both 2022 KCPA bills died in committee. SB1076 “Florida Kratom Consumer Protection Act” intoduced 11/30/21 and HB1071 “An act relating to kratom products”: SB 424 (2017, failed), HB 183 (2017, failed), bill to ban Kratom in St. John’s County (2019, postponed). A misinterpretation about Kratom being a designer drug was the base for Sarasota County’s ban on the natural product. The bill referred to Kratom’s alleged hallucinogenic effects and the fact that it was banned in Malaysia, Myanmar, and Thailand at the time to justify the ban.

Georgia

Legal Status: Currently legal and regulated under KCPA (Kratom Consumer Protection Act)
Current bill: No current bills
Past bills: HB181 (kratom ban bill) SENATE TABLED 3/27/23. Substitute bill passed house 3/6/23. No longer schedules mitragynine and 7-hydroxymitragynine. Places restrictions on alkaloid amounts per serving. Requires kratom be sold behind counter or in locked case. Bans ingestion and sale of kratom e-cigarettes/vapes. Places penalties on vendors.HB 783 (2017, failed) HB 551 (2020, passed, version of the KCPA)

In 2017, a statement was issued by a Medical examiner that linked 11 deaths to Kratom consumption. Despite other drugs and conditions being involved in these deaths and the data being inconclusive, a bill was proposed to ban Kratom in the state of Georgia. After many positive testimonies regarding the use of Kratom, the natural substance was taken out the bill.

In 2019, version of the KCPA (Kratom Consumer Protection Act) was passed in Georgia with overwhelming support.

Georgia’s KCPA regulates access to Kratom to those 18 or older and it imposes labeling requirements. Labels need to include age restrictions, ingredients, alkaloids, producer and distributor information, usage instructions, and disclaimers. KCPA also prohibits unsafe Kratom products.

Hawaii

Legal Status: Currently legal
Current bill: Hawaii HB2356 and SB3307 “Kratom Consumer Protection Act”
Past bills: SB 3064 (2020, would ban Kratom)

HB2356 and SB3307 Referred to 3 committees on 1/28/2022: Judiciary and Hawaiian Affairs, Consumer Protection and Commerce, Health Human Services and Homelessness. Vendor as written in these bills is an all-encompassing term for anyone from importer to retailer. HB2356/SB3307 would ban the sale of adulterated and contaminated kratom and products with 7-HMG greater than 2%. Vendors would be prohibited from sales to those under 18. Label requirements include ingredients list, that the sale is prohibited to minors, amount of MTG and 7-HMG, vendor name and address, suggested use, and precautionary statements. Vendors are also subject to lab test by request.

Idaho

Legal status: Currently legal
Current Bill: No current bills
Past bills: No past bills

There are no past or current bills regarding Kratom legality in Idaho. Kratom is fully legal to sell and buy.

Kratom can be purchased in a variety of health, supplement, and specialty stores.

Illinois

Legal Status: Currently legal and age-regulated. Banned in Jerseyville and Alton.
Current bill: none
Past bills:
In 2023, to KCPA bills were introduced. Both died in committee: SB1847, HB2868.

SB3948 “Kratom Consumer Protection” introduced 1/21/22, in assignments committee. HB4186 is a similar bill in Rules committee as of 2/18/22 HB4681, IL HB5526 (2014, age restrictions), HB4106 (2018, wider restrictions, bill died)

Sellers are referred to as “processor” and “retailer” in SB3948 that would prohibit adulterated or contaminated kratom, and kratom containing 7-HMG in above 2% of alkaloids. instructions for safe use and serving size are required on the label. Sales would be restricted to persons 18 years of age and above. The difference in Illinois are the fines set for violations. In other bills, violations are around $500-$1000. In Illinois, a first offense for a processor carries a $5,000 fine, and subsequent offenses carry a $10,000 fine.

In 2014, a bill (IL HB5526) was passed. The bill banned access to Kratom to those individuals under 18 years of age. Over the next few years, two cities in the state of Illinois, Jerseyville and Alton, decided to move forward and ban Kratom within their city limits.

In 2018, there was an attempt by a state representative to ban Kratom statewide, through an amendment of the controlled substances act. The bill died a year later and therefore, Kratom remains legal in the state of Illinois for those aged 18 or older and except for Alton and Jerseyville.

In February 2020, HB4681 was introduced. This bill is the Illinois equivalent to the KCPA (Kratom Consumer Protection Act) and it would establish some regulations around Kratom:

• Labelling requirements (indicating ingredients and levels of mitragynine and 7-hydroxymitragynine).
• Limit 7-hydroxymitragynine content to a 2% maximum.
• Ban synthetic alkaloids in Kratom products.
• Ban adulterated Kratom products.
• Regulate age of access to 18 years or older.
• Establish punishments for not complying with the regulations.

Simultaneously, another bill was also introduced in Illinois. HB5657 aims to add Kratom to the list of controlled substances as a Schedule II drug, under the classification of opiate, which is inaccurate since Kratom has opioid-like properties but it is not an opiate.

Indiana

Legal Status: Illegal
Current bill: none
Past bills: HB1500, LEGALIZES KRATOM. Passed House in 2023 but died in Senate. “Defines “kratom product” as a food product or dietary ingredient; Establishes requirements for the manufacture, labeling, and sale of kratom products. Specifies that a kratom product is not a controlled substance.. SB 305 (2014, Banning Kratom)

The state of Indiana joined the few states that decided to ban Kratom and added the natural substance to its list of controlled substances.

The bill suggested that Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, were classified as synthetic substances, which would have been erroneous, but eventually they were classified as hallucinogenic substances.

Iowa

Legal Status: Currently legal
Current bill: No current bill
Past bills: HF 2355 (2014, failed)

In 2014 a bill was proposed to the senate to ban and criminalize Kratom, making it a schedule 1 drug. The bill indicated that Kratom was a hallucinogenic substance with no proven medical benefits and that it posed great abuse risks.

A petition against the bill was filed by Kratom suppliers, who argued that the existing data was not conclusive to state that kratom was dangerous.

In the end, the bill didn’t pass and Kratom remained legal and unregulated in Iowa.

Kansas

Legal Status: Currently legal
Current bill: none
Past bills: Two KCPA bills were introduced and died in 2023: HB2188 “Regulating the sale and distribution of kratom products, requiring the secretary of agriculture to adopt rules and regulations and requiring licensure [sic] of kratom product dealers.” and HB2084 Kratom Consumer Protection Act. ” defining kratom as a food product, prohibiting the sale of kratom that is adulterated, requiring persons to be at least 18 years of age for the purchase of such product, establishing civil fines for violations of the act and requiring the secretary of agriculture to adopt rules and regulations for the administration of the act”

HB2056 “regulating the sale and distribution of kratom products” “relating to the Kansas food, drug and cosmetic act”. Passed Senate 3/23/22. House disagreed with amendments, requested a Conference Committee. Bill died in committee 5/23/22.

In 2018, a bill SB 282 suggesting the addition of substances like CBD and Kratom (among others) to the scheduled substances list was sent to the Senate for review. Many opposed the bill, including kratom consumers and supporters, as well as the American Kratom Association and with the Botanical Education Alliance, who urged everyone to contact the Senate asking to keep Kratom legal. Some other legislators also argued that there was not enough evidence to make kratom illegal. Eventually, Kratom and CBD were taken out of the bill and remain therefore legal until present day.

In March 2019, Kansas started reviewing the KCPA (Kratom Consumer Protection Act).

Kentucky

Legal Status: Currently legal
Current bill: HB142 Ban bill, “An Act Relating to Controlled Substances” 3/14/22: returned to Health & Family Services committee. Two regulation bills exist: HB569 DIED in committee and SB210, introduced 2/23/22, DIED in committee
Past bills: SB1/LM (Failed) SB136 (Failed)

HB142 introduced 12/10/21 would add kratom to the list of controlled substances that are unlawful to sell or possess in the state of Kentucky. Persons caught selling kratom would face a Class D felony for the first offense and a Class C felony for subsequent offenses, which carries mandatory prison time. Persons caught possessing kratom would face a Class D felony charge that carries 3 years in prison maximum, but a first or second offense would carry a choice of deferred prosecution or probation unless defendant is ineligible.

A 2016 bill proposed to include Kratom to the controlled substances list as a Schedule I drug. That would have meant to consider kratom a synthetic opioid, which it is not. The bill failed but the next year, another bill was proposed.

This new bill would create a new category of controlled substances, Schedule A, and it would include substances with similar effects than those already in the list. Since Kratom is considered to have opioid-like effects, it would very likely be included in that new category.

The bill seemed to not have succeeded so far and thus Kratom remains legal in Kentucky.

Louisiana

Legal Status: Currently legal except for some parishes and municipalities. Louisiana Sheriffs’ Association and Louisiana’s 100% for-profit prison system is lobbying in favor of criminalizng consumers parish-by-parish.
Current bill: none
Past bills: SB94. Signed into law 6/26/23. Initially a ban bill, after pressure from kratom advocates, SB94 was amended as requested by sponsor Caleb Kleinpeter as not to outlaw kratom statewide, but restrict its sale to adults only. Municipalities and parishes still have the power to ban sales, possession, or both.

LA HR203 (2019, request to study Kratom, passed). LA HB19 (2014, failed) LA HB174 (2015, Kratom excluded) LA HR177 (2018, Request to study Kratom)

LA HB19 was proposed in 2014 and it suggested adding Kratom and any Kratom derivatives to the list of controlled substances. The bill did not pass, it died in committee. A year later, in 2015, the same bill was proposed again and, on this occasion, it passed. However, Kratom was taken out of the bill.

During the salmonella outbreak of 2018, 3 people in the state of Louisiana were affected and that sparked critics towards Kratom. On the same year, a bill (LA HR177) asked the the Louisiana Department of Health to officially study Kratom and its effects in order to rule if it should be included in the controlled substance list.
Another bill (LA HR203) to study Kratom passed in 2019.

These studies are being carried out and there is still no conclusive data.

Maine

Legal Status: Currently legal
Current bill: No current bills
Past bills: A 2017 bill tried to add Mitragynine to the controlled substances list but the alkaloid was finally left out.

In 2017, a bill suggested including mitragynine, one of Kratom’s main alkaloids in the controlled substances list along with opium, morphine, heroin, and others. However, thanks to the activism of Kratom supporters, Kratom was left out of it and it remained legal.

KCPA (Kratom Consumer Protection Act) was introduced to Maine through LD1384, but the bill did not pass.

Maryland

Legal Status: Currently legal
Current bill: none
Past bills: SB147 died, (would regulate Kratom sales ) and HB283 died, (would ban Kratom)

Kratom is currently legal in Maryland but a couple bills are pending concerning its legality. SB147, by Senator Young would ban kratom in the state, but after a public hearing of many cases pro-kratom legality, the senator might be closer to changing his mind as he admitted he was interested in trying kratom himself to treat his arthritis.

HB283 is another bill from 2020 that concerns Kratom. This bill, if passed, would fully ban Kratom by adding its main alkaloids mitragynine and 7-hydroxymitragynine, to the list of controlled substances as Schedule I drugs.

Massachusetts

Legal Status: Currently legal
Current bill: No current bills
Past bills: H3762 Introduced 4/10/23. “Relative to establishing a penalty for the sale, preparation, manufacturing, or distribution of kratom products that are contaminated with dangerous non-kratom substances.” Died.

Michigan

Legal Status: Currently legal
Current bill: HB4061 Introduced 2/1/23. “regulation of distribution, sale, and manufacturing of kratom products”. Vendors must obtain a license for each location where they sell. Fee for license application is $200 each. Outlines strict labeling requirements, prohibits sale to under 21, and REQUIRES ALL PRODUCTS to be TESTED IN A LAB.
Past bills: HB5477 PASSED House, referred to Senate Committee On Regulatory Reform 5/26/22. Died in committee. Standard KCPA bill with content, age, and labeling rules, but also requires a license to sell and manufacture kratom. SB 0433 (2019 ban bill died) HB 5707 (2014, bill died) HB 5736 (2014, bill died)

In 2014, there were two bills that were sponsored almost at the same time. One intended to add Kratom to the controlled substances list and the other one wanted to regular Kratom sales to individuals aged 18 or older. To fight against the first bill, more than 1700 signatures were collected and eventually both bills died.

In 2017, there was an incident linked to Kratom consumption. Eric Genautis died in his sleep and his death was linked mainly to Kratom despite his opioid addiction and his battle against depression and anxiety. After this, a few more incidents were linked to Kratom and Eric’s family started advocating against Kratom.

In 2019, a senator introduced another bill that would add Kratom to the Schedule II of the controlled substances act. That would mean people would require a medical prescription to access Kratom.

Minnesota

Legal Status: Currently legal and age-regulated
Current bill: none.
Past bills: HF1066. Introduced 1/30/23. Extends current consumer protection in Minnesota by prohibiting the sale of adulterated/contaminated kratom. Died with end of session. HF4815 Kratom Consumer Protection Act establishes product content and labeling requirements. Introduced 4/21/22, referred to Commerce Finance and Policy committee SF 2578 (2017-2018)

Kratom has been legal in the state of Minnesota since May 2018. Thanks to the action of many advocacy groups, there hasn’t been much negative attention to the plant and its legality. In a 2017-2018 bill (SF 2578), the sale and possession of Kratom was regulated. Kratom can’t be sold to people under 18 years of age and it’s illegal for children under 18 to possess it as well. Illegal possession of Kratom will be considered a gross misdemeanor.

Mississippi

Legal Status: Banned in 33 counties and cities. Legal in the rest of the state.
Current bills: none.
Past bills: Multiple bills proposed and died in 2023. HB838: Bizarre bill that creates both a Tianeptine Consumer Protection Act and a KCPA. DIED 2/28/23. SB2244 Kratom Consumer Protection Act, Introduced 1/13/2023 and referred to Judiciary. Standard KCPA that regulates sale of unadulterated kratom to adults over 21 only. Died in Committee 1/31/23. HB364 adds kratom and tianeptine to list of Schedule I controlled substances. Introduced and referred to House Drug Policy committee 1/9/2023. Died in Committee 1/31/23. HB5 adds kratom to list of Schedule I controlled substances. Introduced and referred to Houe Drug Policy committee 1/3/2023 *Died in Committee 1/31/23.
HB364 adds kratom and tianeptine to list of Schedule I controlled substances. Introduced and referred to House Drug Policy committee 1/9/2023
HB5 adds kratom to list of Schedule I controlled substances. Introduced and referred to Houe Drug Policy committee 1/3/2023
HB681 “Add Kratom to Schedule I of the Uniform Controlled Substances Act” Passed House 2/3/22, DIED in committee HB663 (ban, died in Committee 2/1/22) and SB2403 (KCPA, Died in Committee 2/1/22), SB 2475 (2018, failed) MS HB974 (2018, Kratom excluded)

After two similar bills died in committee, HB681 which would make kratom illegal in Mississippi passed the House. It’s now in the state Senate. Years of propaganda from a well-funded campaign by law enforcement officials led to the formation of this bill. Several towns and counties in Mississippi have already enacted bans. The act specifically names mitragynine and 7-hydroxymitragynine on the controlled substances list.

There were two bills in 2018 that tried to ban Kratom. SB 2475 (2018, failed) MS HB974 (2018, Kratom excluded).

After those two unsuccessful tries, legislators went on their fight against Kratom city by city and county by county. As it happened in other states and cities, Kratom was listed as a synthetic substance instead of a plant and it was subsequently used as an argument to ban it.

2019 was the year that saw most counties in Mississippi ban Kratom, including Alcorn and Tishomingo counties, two of the US counties with the highest opioid prescription rate. These bans mean that opioid patients in those counties do not have access to a natural alternative such as Kratom. Northeast Mississippi is the region where most bans are taking place.

State senator, Chuck Younger, expressed his intentions to introduce at least 3 bills in the 2020 session of the Mississippi Legislature, which would end on March 7. One of the bills concerns Kratom and it would request the Mississippi State Medical Association to schedule Kratom as a Schedule I drug, banning it statewide.

• Alcorn
• Belmont
• Blue Mountain
• Booneville
• Bruce
• Burnsville
• Caledonia
• Calhoun
• Calhoun
• Columbus
• Corinth
• Derma
• Fulton
• Guntown
• Itawamba
• Iuka
• Lowndes
• Mantachie
• Marietta
• Monroe
• New Albany
• Noxubee
• Okolona
• Oxford
• Pontotoc
• Prentiss
• Ripley
• Saltillo
• Senatobia
• Tippah
• Tishomingo
• Tishomingo
• Union
• Vardaman

Missouri

Legal Status: Currently legal statewide. St Louis County has regulated sales.
Current bill: none
Past bills: HB912 – “Creates new provisions relating to the sale of kratom products”. 4/25/23 PASSED HCS committee. Still in House. Fairly standard KCPA. Died. SB504 – KCPA. 3/23/23 Second Read and Referred S General Laws Committee. Died.
HB912 – “Creates new provisions relating to the sale of kratom products”. 1/23/2023 – Introduced and Read First Time. Fairly standard KCPA, would go in effect in August 2023. HB1667 and SB774 “Kratom Consumer Protection Act”. HB1667 VETOED 7/1/22. SB690 died in conference 5/11/22

HB1667 and SB774 are essentially the same. All vendors designated as “dealer”. Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to those under 18. Dealer penalties are slightly different from other bills depending on violation.

There are currently no laws regulating Kratom in Missouri and although a few counties have considered banning it in the past, they didn’t succeed.

On January 2020, Republican representative Phil Christofanelli introduced a new bill that would require a revision of the clean Missouri amendment to regulate Kratom. The bill passed in the House Committee but it is yet to be passed by the full House.

The bill is known as the Missouri Kratom Consumer Protection Act and, among other things, it would establish labelling requirements for sellers to disclose all ingredients present in their Kratom products; ban the distribution of Kratom products containing synthetic alkaloids or other illegal substances; ensure the content of 7-hydroxymitragynine is not higher than 2%; ban the sale of Kratom to people under 18; and establish punishments for those who don’t comply with the regulations of this Act.

Also introduced in January, a bill sponsored by Robert Onder (SB 765) aims at making Kratom a Schedule 1 controlled substance.

Montana

Legal Status: Currently legal
Current bill: No current bills
Past bills: HB437 – Would have placed kratom, the plant and all alkaloids, on Schedule 1. Bill amended as NOT to outlaw kratom, but regulate cannabinoids, and passed 5/22/23
HB373 would make it unlawful to sell kratom to children. 3/11/23 missed deadline for general bill transmittal.

SB471 – 4/6/23 Tabled in committee. Would make it unlawful to sell to or give a child kratom and other products.

Kratom is currently legal and unregulated in the state of Montana. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

Nebraska

Legal Status: Currently legal
Current bill: No current bill
Past bills: none

There has been very little attention to Kratom in the state of Nebraska and, therefore, it is legal to buy, possess and sell Kratom in the state. There are no age restrictions either and no past or present bills seem to place attention to the Southeast Asian plant in any of its forms.

Nevada

Legal status: Currently legal and regulated by the KCPA (2019)
Current Bill: No current bills,
Past bills: AB322 -6/5/23 Passed House and Senate. KCPA that also requires processors are “registered with the Division of Public and Behavioral Health of the Department of Health and Human Services”. Veteod by governor 6/16/23

KCPA (Kratom Consumer Protection Act to regulate Kratom) passed in 2019 through NV AB303

Nevada is known for its liberal approach and laws concerning taxes and leisure, for example, it is legal to buy alcohol in bars, stores and restaurants 24/7. From such liberal laws, it’s not surprising that Kratom is legal and its consumers are protected.

In June 2019, Nevada passed the Kratom Consumer Protection Act, an act advocated by the AKA (American Kratom Association) that ensures product registration, age restrictions, labeling requirements, adulteration controls, No Synthetic Alkaloids, and a Limit on 7-OH. Thanks to this, kratom quality is controlled and the sales of contaminated Kratom is punishable by law.

Unfortunately, as stated in the above notice “Existing law authorizes the State Board of Pharmacy to adopt regulations to add, delete or reschedule controlled substances listed in schedules I, II, III, IV. and V of the Uniform Controlled Substances Act.” On March 15, 2022, the Nevada Board of Pharmacy announced its intent to place kratom on Schedule I of its controlled substances. A hearing is scheduled for April 14, 2022.

New Hampshire

Legal Status: Currently legal, aged regulated. illegal in Franklin City.
Current bill: HB333 “relative to the sale and distribution of kratom products.“ Introduced 1/9/21, referred for interim study 1/10/22
Past bills: SB758, NH SB540 (2016, intended to ban Kratom but ended up only restricting it to minors). Franklin City banned Kratom in 2019.

HB333 Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to persons under 18. Safe use and dosage instructions required on label. This one designates vendors as either “processor” or “retailer”.

In 2016, a bill was proposed in the state of New Hampshire. The bill intended to ban Kratom. After a session in which some people could share their testimonies concerning Kratom, and after a testimony by State Representative Shem Kellogg, who suffered from Colon Cancer and used Kratom for pain relieving purposes, the State decided to only regulate age access to the plant.

However, in 2019, the city of Franklin passed a ban on Kratom and a new 2020 bill, SB758, would ban Kratom in the whole state if passed.

New Jersey

Legal Status: Currently legal
Current bills: S3549 KCPA introduced 2/2/23. Standard KCPA but it also give the Department of Health power to set testing standards. Prohibits sales to under 21.
Past bills: S3549 KCPA introduced 2/2/23. Standard KCPA but it also give the Department of Health power to set testing standards. Prohibits sales to under 21.A4071 introduced 5/26/22, regulate sales to over 21. Requires a report from the Department of Health commissioner. Department of Health will establish standards for testing, labeling, and sales of kratom. A2642, Criminalizes manufacture, sale, and possession of substances containing kratom. Introduced and referred to committee 2/14/22. AB 2865 (2018, died) A2236 (2020) NJ A4431 (2015, bill died)

Senator Ronald Dancer sponsored a bill in 2015, suggesting to ban Kratom. The bill died but since then he has reintroduced the same bill twice. The last time was in the beginning of 2020. His latest bill, A2236, is now pending and would ban Kratom if passed.

New Mexico

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of New Mexico. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

New York

Legal Status: Currently legal
Current bill: none
Past bills:A02983/S00488. Amends New York’s agriculture and markets law to enact a standard kratom consumer protection law. Died with session end 6/2023. S00488. Kratom Consumer Protection Act. Introduced and referred to Agriculture Committee 1/4/2023. Amends New York’s agriculture and markets law to enact a standard kratom conumer protection law. S3588 “Kratom Consumer Protection Act” introduced 1/30/21, referred to Agriculture Committee 1/5/22. Three other bills regulating kratom last acted upon in Jan 2022: A9034, S2599, A294 . NY A08787 (2018, failed) NY S06924 (2018, failed) NY A00231 (2018, failed)

S3588: All vendors designated as “dealer”. Prohibits sale of adulterated and contaminated kratom or kratom that contains 7-HMG at above 2% of alkaloids. Sales prohibited to persons under 18. Safe use instructions required on label. Levels of MTG and 7-HMG required on label.

Several bills have been proposed in the state of New York to either ban Kratom or regulate its access. All of them have died and numerous efforts have been made by Kratom advocates to keep Kratom safe.

North Carolina

Legal Status: Currently legal, aged-regulated.
Current bill: No current bills, KCPA (Kratom Consumer Protection Act) could be reviewed.
Past bills: Intention to ban Kratom in 2016 but unsuccessful.

In 2016, a bill suggesting banning Kratom was introduced. The bill would add Kratom to the controlled substances list, thus making it illegal. After various petitions and initiatives supporting Kratom’s legality, the State of New Carolina decided to keep Kratom legal but with age restrictions. Only individuals aged 18 or older can access the natural substance.

North Dakota

Legal Status: Currently legal
Current bill: No current bill
Past bills: No Past bills

Kratom in North Dakota has received a bit more attention than its neighboring states. Its popularity increased as people started trying it and reporting its positive effects for pain relieving. Its availability in brick-and-mortar stores increased as well as the critics fueled by the FDA allegations to Kratom’s alleged adverse effects. In 2018, as part of the salmonella outbreak associated with Kratom, one case was found in North Dakota and that focused attention on the plant for a while. However, there are currently no pending or active bills regarding Kratom’s legality.

Ohio

Legal Status: Currently legal
Current bill: SB103. Introduced 4/5/23. Referred to Health Committee 4/19/23. Hearings held 9/27/23. Standard KCPA, plus it requires vendors to register all kratom products with the Director of Agriculture.
Past bills: HB236 “Regulate kratom processing, sale, and distribution” passed House, introduced in House 3/25/22 HB318 (2019, KCPA pending, would regulate kratom sales), Ohio Board of Pharmacy proposed to ban it in 2018

Ohio, always a battleground state, threatened to ban kratom in 2019. HB236, introduced in 2021, is more detailed – it has the standard language of other bills prohibiting the sale of contaminated and adulterated kratom and labeling requirements, but it also requires anyone wanting to “process” kratom in the state to obtain a license from the director of agriculture. Penalties are outlined in detail. The addition of kratom to a bill that already outlines rules about distributing hemp, cannabis, and other substances is detailed in this 24 page document.

In 2018, The Ohio Board of Pharmacy recommended banning Kratom, making it a scheduled substance. As a result, the State of Ohio passed a bill that would schedule Kratom if the DEA schedules it.

In 2019, a comment period was established by the Ohio authorities where more than 1500 comments were received. On the same year, a press conference was organized by the AKA (American Kratom Association) where more than 100 people participated to share their positive Kratom stories. As a result of this activism, the State of Ohio decided to put on hold the Kratom ban.

In the same year, bill HB318 was introduced. This bill would regulate Kratom in a very similar way to the KCPA (Kratom Consumer Protection Act).

Although the KCPA in Ohio is still not fully defined, it would establish the following:

• Age regulations.
• Labelling requirements.
• Licence requirements and lab testing for all Kratom sellers.
• Punishments for those who don’t comply with regulations.

Oklahoma

Legal Status: Currently legal
Current bill: none
Past bills: HB1784 (Oklahoma Kratom Consumer Protection Act, passed), HB 2846, HB2666 (Kratom was removed from the bill)

The Oklahoma Bureau of Narcotics tried to ban Kratom back in 2014 and, in fact, a bill to amend the list of scheduled substances was proposed. The bill wanted to include Kratom as one of the controlled substances.

The Bureau considered Thailand as a reference when pushing on their position about Kratom. However, they sustained Thailand banned Kratom because of its effects when the real reason Thailand banned Kratom and Cannabis in the past was its commercial interference with Opium sales.

Thanks to the mobilization of many Kratom supporters, 1000 signatures were collected and Kratom was finally removed from the bill.

Daniel Pae is sponsored a bill the Oklahoma Kratom Consumer Protection Act, which passed in 2021.

Oregon

Legal status: Currently legal
Current Bill: HB4010 “Relating to kratom; prescribing an effective date”, Passed into law 3/23/22
Past bills: SB 1005 (2019, failed.) SB 518 (2017, failed)

The 2021 KCPA in Oregon was veteoed by the governor due to a perceived lack of funding. Processors of kratom would have to registered with the Department of Revenue. Fees would be collected from processors for enforcement of the law. Officials were worried that due to the lack of processors in the state, not enough fees would be collected to fund enforcement, even though $1.1 million was allocated from the General Fund to implement the law, with an additional $304,000 going to Oregon’s Justice Department for specific enforcement duties. Funding for KCPA laws has been a particular roadblock in the states — even as KCPA laws pass, with no funding allocated, enforcement may be lacking. HB4010 focuses on registration with the Department of Revenue for processors.

Although there were bills trying to make Kratom illegal by scheduling it as a controlled substance, they weren’t successful and Kratom is currently legal in Oregon.

Oregon, however, was one of the states most affected by the salmonella outbreak of 2018. This outbreak was linked to kratom and two kratom sellers were identified to sell contaminated Kratom, Kraken Kratom and Phytoextractum.

In 2019 Karen Kratom was responsible for yet another salmonella outbreak and that encouraged another move to try and include kratom into an unrelated bill (SB1005) that would regulate its sell and labelling. Kratom was taken off the bill and it is currently still unregulated. Legislators have expressed their intention to review this decision in the future.

If Kratom was included to the bill, Kratom products would be regulated, including labeling requirements and minimum age for sale. It would require registration of Kratom products with State Department of Agriculture, it would provide civil cause of action for damages resulting from violation of kratom regulations, authorize imposition of civil penalties for certain violations, create crime of unlawful preparation, distribution, sale or offer for sale of kratom product. Punished by maximum of 30 days’ imprisonment, $1,250 fine, or both. https://legiscan.com/OR/bill/SB1005/2019

Kratom can currently be bought in Oregon in corner stores, gas stations, and online. After what happened with Kraken Kratom, it is especially advisable for Kratom buyers in Oregon to find a reliable source.

Sam Chapman, a lobbyist and kratom activist in Oregon stated in 2019 that many Kratom sellers would like some kind of basic regulation and that he expects lawmakers to create a work group to come up with another bill that would be considered in 2020. Following these declarations, in 2020 HB4013 was submitted to add regulations to Kratom labelling and age restrictions.

Pennsylvania

Legal Status: Currently legal
Current bill: SB614 – Kratom Consumer Protection Act. Over 21, no synthetics or additives, labels requiring safe use and dosage. 4/25/23 Introduced and referred to Health and Human Services Committee
Past bills: HB2357 Introduced in 2021, referred to Health Committee 3/8/22, referred to Rules, Appropriations, Health and Human Services Committees in June 2022, re-referred to Appropriations 10/19/2022. The bill intially prohibited sales to under 21, and had rules for procesors. It now only prohibits sale to under 18, and there is only rules on retailers. HR460 (urging FDA to come up with guidelines for a safe use of Kratom products)

HR460 was introduced in 2019. The bill urges the FDA to detail protocols and guidelines concerning Kratom usage and safety.

In 2019, Caleb Sturgis died of a heart attack while driving and Kratom was linked to his death. His family tried to push a ban on Kratom but did not succeed. In 2022 the family was then involved in a ban on kratom in their hoometown of Radnor Township, PA, after the big chain CBD Kratom attempted to open a store operating without a license. Regulation was proposed, but Radnor Township Health Board rejected it on 3/10/22.

Rhode Island

Legal Status: Currently illegal
Current bill: none.
Past bills: H5330/S0329. H5330 Kratom Consumer Protection Act. Would have legalized kratom and “Regulates the distribution of the product known as ‘Kratom’. Violations are subject to administrative fines from $500 to $1,000.” Session ended without bills passing 6/2023
H7595 Kratom Consumer Protection Act, uncertain/no language in the bill about repealing the current ban, Passed House 6/17/22, In Senate Judiciary committee since 6/20/22 Kratom’s main two alkaloids included in the Controlled Substances Act (2017)

In 2017, Kratom’s two main alkaloids, mitragynine and 7-hydroxymitragynine, were added to the Controlled Substances Act by the Rhode Island Department of Health.

In 2019, the KCPA was proposed for Rhode Island but it did not pass.

H728 was introduced in January 2020 and it represents a new chance for the state to make Kratom legal and regulate it through KCPA.

The KCPA for Rhode Island would include, among other regulations, the following:

• Labelling requirements regarding ingredients and purity of Kratom Products
• Restriction on harmful ingredients
• Mandatory testings
• Age regulations to 18 or older
• Limit of 2% in 7-hydroxymitragynine levels
• Ban synthetic alkaloids
• Establish punishments for those who don’t comply with regulations

South Carolina

Legal Status: Currently legal
Current bill: none
Past bills: H3742. Adds kratom to the list of Schedule IV substances. “Tests for inclusion of substance in Schedule IV. The Department shall place a substance in Schedule IV if it finds that: (a) It has a low potential for abuse relative to the substances in Schedule III; (b) It has a currently accepted medical use in treatment in the United States; and (c) Abuse of the substance may lead to limited physical or psychological dependence relative to substances in Schedule III.” Introduced 1/18/2023 and referred to Judiciary Committee. This would make kratom illegal to manufacture, sell, purchase, or “possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue”. Bill not passed at end of 2023 session.

South Dakota

Legal Status: Currently legal
Current bill: No current bill
Past bills: No Past bills

Kratom is legal in the state of South Dakota. The substance is not included in any regulated substance list and therefore its access is not regulated or illegal. Citizens of South Dakota can access the plant with no age regulations as well. Since there are no regulations on Kratom labeling or sale, it’s important that people in South Dakota find a reliable seller, preferably an online seller. Online sellers gain their reputation through major exposure to critics, reviews, and competition, and that’s an effective way of finding a reputable seller.

Tennessee

Legal Status: Currently legal and regulated
Current bill: none
Past bills: In 2023 HB0861 and SB0370 would have updated the KCPA law, but both failed to pass. SB0370 – Tennessee Kratom Consumer Protection Act. Standard KCPA for sales to over 21. SB1390 2022-03-23 – Placed on Senate Judiciary Committee calendar for 3/29/2022 (DIED in committee) and HB1493, 2022-03-23 – Placed on s/c cal Criminal Justice Subcommittee for 3/30/2022, (DIED in Criminal Justice committee) HB1832 and SB2258 (2018, Kratom remained legal but sales were regulated)

Many synthetic substances, including synthetic Kratom, are banned in the state of Tennessee. Back in 2014, when these regulations were passed, there was quite a lot of confusion concerning the status of pure Kratom, as many states had already made mistakes when banning Kratom under the assumption that it is a synthetic drug.

Later in 2017 and 2018 it was clarified by the Attorney General of the state that pure Kratom was completely legal as long as the product complies with two basic rules.

The first one is that it can’t be sold to people under 21 years of age. The second rule is that any Kratom product needs to be labeled with disclaimers that indicate that pregnant and nursing individuals, and people under 21 shouldn’t consume it. It should also indicate possible interactions with alcohol and drugs and it should encourage people to consult their health specialist regarding existing conditions such as high blood pressure, liver issues or other relevant circumstances.

Texas

Legal Status: Currently legal and regulated under KCPA
Current bill: none
Past bills: SB497, KCPA, passed in Texas, signed by the governor 5/5/23 and went into effect 9/1/23. SB497 – Standard KCPA filed 1/18/2023. HB861. Standard Kratom Consumer Protection Act. Introduced 12/1/2022. Sales prohibited to under 18. Unadultered. Safety info on labels. No synthetics. 7-HMG at less than 2% of alkaloids. No past bills

Utah

Legal Status: Currently legal and regulated by KCPA (2019).
Current bill: No current bills
Past bills: UT HB0110 passed but Kratom was taken out of it.

UT HB0110 was passed in 2017 and it suggested an amending of the list of controlled substances, Kratom being part of it. However, right before it was passed, Kratom was taken out of it.

After that, Utah was the first state in the US to ever regulate Kratom by passing the Kratom Customer Protection Act in March 2019. This was the origin of the KCPA and it was later followed by neighboring states such as Arizona and Nevada.

Kratom is sold in smoke and vape stores in Utah’s main cities.

Vermont

Legal Status: Legal – Taken off the state list of scheduled substances in 2023, but neither regulation bills passed. Vermont is the first state to have legalized kratom where it was previously illegal
Current bill: none.
Past bills: S0128 – Would have LEGALIZED and regulated kratom. All vendors selling kratom in the state would need to register and present a 3rd party Certificate of Analysis annually for each kratom product sold. Introduced 3/15/23, did not pass before end of session.
H310 regulating kratom, last action taken 2/23/21
Past bills: Kratom’s main two alkaloids are considered controlled substances and included in the regulated drugs list.

The state of Vermont added Kratom’s main two alkaloids, 7-hydroxymitragynine and mitragynine, to its list of regulated drugs, making Kratom illegal statewide. Both alkaloids were included under the category of hallucinogenic substances and synthetic cannabinoids, which is not accurate.

Rep. Brian Cina proposed a bill in January 2020, H.878 that would decriminalize Kratom among other substances.

The proposed bill suggests that these substances are commonly used by many people with medicinal, espiritual, religious or entheogenic purposes.

If the bill passes next July 1st, substances like psilocybin, ayahuasca, peyote and kratom would no longer be controlled substances. At this moment, these are all under the same category as ecstasy or methamphetamine.

Although this is seen as a good step by Kratom defenders and Cina has three co-sponsors for this piece of legislation, many believe this bill is bound to fail due to the democratic majority in the assembly, the Senate, and the House as well as Vermont’s democratic governor Phil Scott.

Virginia

Legal Status: Currently legal, regulated under KCPA
Current bill: none
Past bills: SB1108. Virginia Kratom Consumer Protection Act. Adds kratom to existing consumer protection law. Restricts sale of impure or synthetic kratom with an amount of 7-hydroxymitragynine greater than 2% of alkaloids. Introduced and referred to Committee on General Laws and Technology PASSED, SIGNED BY GOVERNOR 3/26/23. GOES INTO EFFECT 7/1/23
HB1307 “Kratom products; prohibited acts, civil penalty” in Health, Welfare, Intitutions Committee as of 2/10/22. Intention to ban Kratom in 2016 but unsuccessful.

Introduced 1/21/22, HB1307 prohibits sale of adulterated or contaminated kratom, or kratom containing 7-HMG above 2% of alkaloids. Requires safe use instructions and dosage on label.

In January 2020, bill HJR39 was introduced in the state of Virginia. The bill asks the Virginia Board of Pharmacy to carry out a study on Kratom to decide if its main alkaloids should be banned.

Washington

Legal status: Currently legal
Current Bill: SB5743 bans, SB5941 establishes Kratom Consumer Protection Act, both in Law and Justice Committee as of 2/25/22
Past bills: No past bills

Two bills in the Washington Senate Law and Justice Committee – one banning kratom, one regulating kratom. What’s more is both are sponsored by the same senator, Jim Honeyford. Sources claim the regulatory bill was written to replace the ban bill. Honeyford sits in the Law and Justice Committee, so if this is true, the ban bill will die. The regulation bill, SB5941, prohibits the sale of adulterated and contaminated kratom and kratom with 7-HMG at above 2% of alkaloids, puts the age at 21, designates “processor” and “retailer”, and requires safe use instructions on the label. In Washington, 2nd and subsequent offenses carry a heftier fine at $10,000.

There is no past or current bills regarding Kratom in Washington State. Kratom has received support on social media and through rallies during the last few years and there hasn’t been much legal action going on regarding attempts to ban it or regulate it.

Washington D.C.

Legal Status: Currently legal
Current bill: No current bills
Past bills: One of Kratom’s alkaloids was included in the controlled substances list in 2016 but then taken out in 2018.

West Virginia

Legal Status: Currently legal, regulated under KCPA
Current bills: none.
Past bills: SB220 Kratom Consumer Protection Act PASSED, signed by governor 3/23/23. This is a standard KCPA, prohibiting adulterated and contaminated products and sales to minors, but with a provision preventing financial insitutions (banks, credit card companies) from refusing service to kratom vendors.
SB225. “Banning sale of Kratom in WV”. Introduced and referred to Senate Judiciary 1/16/2023, bill would simply add kratom to list of WV’s Schedule I Controlled Substances. SB666 “Adding Kratom and Delta-8 THC to list of Schedule 1 controlled substances”. As of 2/17/22 this is listed as being in Heath and Human Resources Committee, however a reddit post by AKA on 2/25/22 states “The West Virginia Senate Health and Human Resources Committee officially accepted the motion by Senator Woodrum to withdraw SB 666”. WV SB2 ban bill, 2018, died

Wisconsin

Legal Status: Illegal (2014, as per WI SB325)
Current bills: AB393 / SB445 Companion bills. Would legalize and regulate kratom.
Past bills: AB599
“Relating to: regulating kratom products, granting rule-making
authority, and providing a penalty” 3/15/2022 Failed to pass pursuant to
Senate Joint Resolution 1, and SB958, a similar bill, 2022-03-15 – Failed to pass pursuant to Senate Joint Resolution 1. WI SB325 (2014, Included Kratom in the controlled substances list)

AB599 would repeal SB325, legalizing kratom. This bill would prohibit sales of adulterated and contaminated kratom, kratom with 7-HMG at more than 2% of alkaloids, set the age at 21, and requires levels of MTG and 7-HMG to appear on the label. The bill also requires processors to “obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection, and to register a kratom product before distributing it”. Should AB599 pass, Wisconsin would be the first state to overturn an existing kratom prohibition bill.

In 2013, a bill suggested adding the two main alkaloids in Kratom to the controlled substances list. The bill passed in 2014 and Kratom was added as a stimulant in Schedule I of the Wisconsin controlled substances act.

In October 2019, a hearing about kratom was held by the Wisconsin State Health Committee where the American Kratom Association together with Dr. Jack Henningfield and Utah Senator Curt Bramble gave evidence in favor of a Kratom Consumer Protection Act in the State of Wisconsin.

The positive outcome of the hearing brings the state closer to a potential KCPA bill in the near future.

Wyoming

Legal Status: Currently legal
Current bill: No current bills
Past bills: No past bills

Kratom is currently legal and unregulated in the state of Wyoming. It can be sold and bought with no restrictions and it does not require lab control, age restrictions or labelling requirements.

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