The Current State of Kratom Legalization in the United States


In recent years, kratom, a tropical tree native to Southeast Asia, has garnered significant attention in the United States. Known for its stimulant effects and as an opioid substitute, kratom has been at the center of a heated debate regarding its legal status. As of 2023, the legal landscape of kratom in the U.S. remains complex and varied across different states. This article aims to provide a detailed overview of the current state of kratom legalization in the U.S., highlighting the diverse approaches taken by different states.

Federal Stance on Kratom

At the federal level, kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food, according to the U.S. Food and Drug Administration (FDA). The FDA has expressed concerns about its safety and potential for abuse. However, there is no current federal ban on kratom, leaving states to make their own decisions regarding its legality.

State-by-State Legal Status

As of July 2023, the legal status of kratom varies significantly from state to state. Here’s a breakdown of the current situation:

  1. States Where Kratom is Legal with Regulations:
    • Nevada, Utah, Arizona, and Georgia: These states have legalized kratom but have passed the Kratom Consumer Protection Act, which regulates the sale and production of kratom to ensure safety and purity. This act is crucial in preventing the sale of adulterated or mislabeled kratom products.
    • Florida: A new law effective from July 1, 2023, restricts the sale and distribution of kratom products to those under 21, as reported by the Polk County Sheriff’s Office.
  2. States with Partial Regulation:
    • Ohio: Only kratom powder is legal, indicating a partial regulatory approach towards different forms of kratom.
  3. States Where Kratom is Unregulated:
    • Oklahoma: In this state, kratom remains unregulated, meaning there are no specific laws governing its sale or use.
  4. States with Pending Legislation:
    • Colorado: As per a bill SB22-120, the state is considering regulations for kratom processors, indicating a move towards more structured control of the substance.
  5. States Where Kratom is Illegal:
    • Several states have outright banned kratom, citing concerns over its safety and potential for abuse. These states include Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.

The Debate Over Kratom’s Legality

The debate over kratom’s legality hinges on two primary concerns: its potential benefits and its safety risks. Proponents argue that kratom can be an effective tool in managing pain and treating opioid addiction. However, opponents, including some federal agencies, raise concerns about its safety, potential for abuse, and lack of FDA approval.


The legal status of kratom in the United States as of 2023 is a patchwork of different laws and regulations. While some states have embraced regulations to ensure the safe use of kratom, others have opted for outright bans. The debate over kratom’s benefits and risks continues, with ongoing research and legislative changes likely to shape the future of kratom’s legality in the U.S.

As kratom’s popularity grows, it is crucial for consumers to stay informed about the legal status in their respective states and to be aware of the ongoing debates and research surrounding this controversial plant.