Is Kratom Legal?
Kratom, a newly popular addictive substance, is, for the most part, legal to use, possess, and sell in most of the United States, despite its dangerous potential.
Legal Status in Limbo
In the United States, Kratom legislation varies greatly between states, and even cities. Kratom, on a federal level, is not restricted by the DEA under the Controlled Substances Act. Nevertheless, the agency has listed Kratom as a Drug and Chemical of Concern, drawing increasing attention to its dangerous potential. Additionally, the FDA has not enacted any restrictions on the sale of the substance, but continues to issue warnings against its use and for potentially mislabeled or falsely-advertised products. However, because the FDA considers Kratom to be “of concern,” starting in 2014, all import shipments of the plant are subject to additional detention and screening.
However, some states have signed their own Kratom restrictions into law. Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin have banned the sale of products containing Kratom’s two primary psychoactive compounds, mitragynine and 7-hydroxymitragynine, effectively outlawing the sale of the plant product in those states. Numerous states have also restricted Kratom’s sale to individuals under the age of 18 or 21, depending on the state, or enacted specific legislation restricting concentration, adulteration, or manufacturing of Kratom-containing products. Additionally, smaller jurisdictions, like the city of Sarasota in Florida, have also outlawed the plant independently from their state’s legislation.
Restrictions Abroad
Like in the U.S., Kratom faces legal challenges worldwide, with the primary exception being in its native Southeast Asia, where normal use is culturally acceptable and has been practiced for thousands of years. Kratom is illegal in all forms in more than 15 countries, including Australia, Germany, Russia, and Japan. It’s use and sale is also restricted in some form in a number of other countries, like in some E.U. countries such as Denmark and Latvia, where Kratom is a controlled substance.
Future Outlook
Kratom’s legal status, both at home and abroad, remains in limbo. The FDA and DEA both continue to assess Kratom research, but have yet to reach a verdict concerning whether the product should be restricted or banned in the United States. Additionally, many state and federal congresspeople have introduced bills to their respective floors that have both tried to restrict and increase Kratom access in the United States, but as a whole, there has been little progress on either front. S.3039, a bill introduced to Congress in October 2023, proposes that the FDA assemble a Kratom task force to assess the health and safety of Kratom products.