Kratom’s legal status in the United States remains one of the most confusing and frequently searched questions among wellness consumers. As a natural botanical derived from Mitragyna speciosa, kratom has been used for centuries in Southeast Asia and is now part of modern wellness conversations in the U.S.
Yet, unlike most plant-based supplements, kratom’s legality depends on where you live. Some states have embraced its regulation through consumer protection laws, while others have banned it entirely.
In 2025, the question “Is kratom legal?” continues to spark debate among lawmakers, public health officials, and wellness enthusiasts. The Food and Drug Administration (FDA) still has not approved kratom as a dietary supplement or medication, leaving regulation up to the states.
Meanwhile, the Drug Enforcement Administration (DEA) lists kratom as a “substance of concern” but has not scheduled it under the Controlled Substances Act. This ambiguous federal stance has created a patchwork of state laws that differ widely in interpretation and enforcement.
For consumers, this lack of uniformity means personal responsibility: understanding local regulations before using or buying kratom online. The American Kratom Association (AKA) continues to advocate for consistent rules under the Kratom Consumer Protection Act (KCPA), which aims to regulate labeling, age limits, and product purity. As of this year, more than a dozen states have adopted or are reviewing KCPA-style legislation.
This guide explains where kratom is legal in the U.S., why states differ in their approaches, and how to stay compliant when purchasing or traveling with kratom. Whether you’re new to the botanical or an experienced user, knowing your state’s stance helps ensure a safe and lawful experience.
Understanding Kratom’s Legal Landscape in the U.S.
Kratom’s legality depends mainly on how each state interprets its use and public safety profile. The FDA has not approved kratom for any medical or dietary purpose and continues to issue import alerts against certain products marketed with unverified claims. This absence of federal regulation means states have full authority to decide whether to legalize, restrict, or ban kratom products altogether – a move that can be dangerous for millions who use these products for everyday benefits.
The Role of the FDA and American Kratom Association
At the heart of the debate lies the balance between public health and consumer freedom. Some states consider kratom a plant-based wellness supplement and have passed regulation-focused laws under the Kratom Consumer Protection Act (KCPA). Others have banned it outright, citing safety concerns about unregulated extracts or contaminated products.
According to the American Kratom Association, millions of adults in the U.S. use kratom for wellness and focus support. The National Institute on Drug Abuse (NIDA) notes that kratom contains alkaloids such as mitragynine and 7-hydroxymitragynine, which interact with specific receptors in the body. While these compounds have generated interest for potential mood or energy effects, they are also under study for risks of misuse at high doses.
For a detailed analysis, see our comparison of the difference between Mitragynine and 7-Hydroxymitragynine.
By early 2025, several states, including Utah, Arizona, and Georgia, had adopted KCPA-style laws requiring transparent labeling, purity testing, and age restrictions. These measures have been shown to reduce the circulation of contaminated or adulterated products. Meanwhile, states like Alabama and Arkansas maintain complete bans, classifying kratom alkaloids as controlled substances.
Kratom’s legal landscape is best described as fragmented yet evolving, driven by a mix of advocacy, scientific research, and shifting public opinion.
Federal vs. State Kratom Laws
Thanks to ongoing legislation and evolving regulations, kratom legality at the state level can vary. At the federal level, kratom is considered legal.
How the FDA Regulates Kratom at the Federal Level
Federally, kratom remains legal in the United States because it is not listed as a controlled substance under the Controlled Substances Act (CSA). The DEA proposed scheduling kratom in 2016 but withdrew the notice after receiving tens of thousands of public comments urging reconsideration. Since then, the agency has maintained kratom as “not currently scheduled,” leaving decisions to individual states and local jurisdictions.
Why State Kratom Laws Differ Across the Country
The FDA’s stance is more cautious. It has not approved kratom for human consumption and has issued import alerts under Section 801(a) of the Federal Food, Drug, and Cosmetic Act. This means kratom products cannot be legally marketed with therapeutic or disease-related claims. However, the FDA does not criminalize personal possession or state-regulated sales.
At the state level, laws diverge sharply. Some states regulate kratom through consumer protection acts, setting standards for labeling and restricting sales to adults over 18 or 21. Others enforce local bans under controlled-substance statutes. Counties and cities can also impose their own rules, creating further variability.
Examples of State-Level Kratom Restrictions
For example, Florida permits kratom statewide except in Sarasota County (see is kratom legal in Florida), while California allows it except in San Diego and Oceanside. Colorado legalized kratom but bans its sale for human consumption in Denver. This complex mosaic underscores why checking your local jurisdiction is essential before purchasing or traveling with kratom.
In short, Federal law allows it; state laws decide it.
State-by-State Kratom Legality 2025
As of October 2025, kratom remains legal in most U.S. states, regulated in some, and prohibited in others. Below is a verified summary based on the latest legislative records and advocacy data:
States Where Kratom Is Legal and Regulated
Legal and Regulated States (KCPA enacted or pending):
Utah, Arizona, Georgia, Nevada, Oklahoma, Missouri, Virginia, and Colorado (pending regulation). These states have age limits—typically 18 or 21—and purity testing requirements.
Recommended Read: Is Kratom legal in Ohio? A 2025 Update
States with Local Kratom Restrictions
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Legal with Local Restrictions:
Florida (illegal in Sarasota County) -
California (banned in San Diego and Oceanside)
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Illinois (restricted in select municipalities).
States Where Kratom Is Banned
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Banned States (classified as controlled substances):
Alabama (since 2016) -
Arkansas (since 2016)
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Indiana (since 2014)
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Rhode Island (since 2017)
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Vermont (since 2016)
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Wisconsin (since 2014)
States Reviewing Kratom Laws in 2025
Under Review or Pending Legislation (2025):
Kansas, Pennsylvania, Michigan, and Maryland have bills under consideration to adopt consumer protection or regulatory frameworks.
Across all legal states, labeling laws typically prohibit medical claims and require batch traceability to prevent adulteration. Real Botanicals supports this standardization through internal lab verification and third-party testing protocols to ensure purity and compliance.
Recommended Read: 7-Hydroxymitragynine Legality in 2025
Why Some States Regulate Instead of Ban Kratom
States that regulate kratom rather than ban it do so for public safety and economic reasons. Regulation allows oversight of product purity, labeling, and sales to adults, while preserving access for responsible users.
Purpose of the Kratom Consumer Protection Act (KCPA)
The Kratom Consumer Protection Act (KCPA) model provides guidelines that include:
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Setting age restrictions for purchase (usually 18 or 21).
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Requiring accurate labeling of mitragynine content.
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Banning synthetic or adulterated forms of kratom.
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Enforcing third-party lab testing.
Impact of Kratom Regulation on Safety
Regulation also helps prevent black-market activity and encourages manufacturers to follow transparent practices. Lawmakers in Utah and Arizona report fewer consumer complaints since passing the KCPA. The American Kratom Association continues to work with legislators nationwide to expand this model, ensuring safe access without criminalization.
States that continue to ban kratom often cite concerns about misuse or insufficient long-term research. However, peer-reviewed publications in the National Library of Medicine (NLM) indicate that regulated markets tend to yield safer consumer outcomes than prohibition-based approaches.
For consumers, supporting transparent brands and following local laws helps keep kratom accessible nationwide. Want your voice to be heard? See our guidelines on how to stop the 7-OH ban today!
How to Stay Compliant When Buying Kratom
Staying compliant with kratom laws in 2025 requires awareness, caution, and responsible purchasing. Always buy from reputable companies – see our list of how to spot the best kratom brands – that follow labeling and testing standards. Products should list the alkaloid content, the source region, and laboratory results confirming they are free of contaminants, such as heavy metals or pathogens.
See our most popular kava kratom shots for the perfect on-the-go balance when you need it most!
Safe Purchasing and Travel Practices
Avoid brands that make medical or therapeutic claims. The FDA warns that kratom is not approved for treating or curing any disease. Responsible companies – like Real Botanicals – prioritize education, dosage transparency, and third-party verification to align with consumer protection standards.
Key consumer tips:
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Check your state’s latest kratom regulation before purchasing.
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Retain proof of purchase and original packaging when traveling between states.
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Never mix kratom with alcohol, prescription drugs, or sedatives.
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Start with small servings to assess tolerance and effects.
This article is for educational purposes only and does not constitute legal advice. Always verify current state laws or consult your local health department for guidance.
FAQs About Kratom Legality
Is kratom federally legal in the U.S.?
Yes. Kratom is federally legal because it is not scheduled under the Controlled Substances Act, though it remains under FDA and DEA observation.
Which states have banned kratom?
Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.
Can I travel with kratom across state lines?
You may travel between states where kratom is legal, but local bans still apply. Always keep products sealed and in original packaging.
Will kratom become federally illegal?
As of 2025, no federal scheduling is planned. The DEA maintains kratom as a substance under review, not a controlled drug.
Why are laws different in every state?
Because federal agencies have not regulated kratom, states must independently determine its legal framework.