Posted by Kratom is arguably one of the most debated natural botanicals today. The FDA and DEA have yet to classify it as a regulated drug like cocaine and other opioids, but some states have put in place strict rules that govern the sale and use of kratom.
So, is kratom legal? Is kratom safe? These are some of the questions I had when shopping for my fast packet of premium kratom powder. Information about the safety and legality of kratom is also skewed, and this makes it even more challenging for new customers to buy kratom online.
In this guide, I walk you through what the FDA says, what the DEA says, and how the rules currently work. I also explain why the laws feel messy and how to protect yourself when you buy kratom online or in a store.
What Agencies Say About Kratom
The Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) are the two primary agencies responsible for regulating the sale of drugs and food in the United States.
Food and Drug Administration (FDA)
It’s no secret that the FDA is closely watching kratom and running research studies to determine its short and long-term effects on users. At the time of writing, the FDA has yet to classify kratom as a drug, so it’s safe to say that kratom products are not federally regulated.
However, there are no FDA-approved kratom products or over-the-counter items that contain kratom or its alkaloids. Any kratom vendor who tells you they sell such products is just trying to make a quick buck.
Recently, the FDA recommended that certain kratom products that contain high amounts of 7-hydroxymitragynine (7-OH) should be controlled under the law, due to their potent effects on users.
The laws are yet to be implemented, so you can safely buy kratom online without worrying about getting in trouble.
In the same breath, many research studies have proved kratom’s ability to improve moods, energy levels, relieve pain and help with opioid withdrawal symptoms. Communities in Southeast Asia have been using kratom for centuries, so FDA perception should not deter you from using kratom.
Drug Enforcement Administration (DEA)
In 2016, the DEA announced its intentions to classify kratom under Schedule 1 of the Controlled Substances Act. Such a high restriction would have made possession of any kratom product a federal crime.
The announcement caused a major uproar from the public, who knew the truth about the health benefits of kratom. Lawmakers joined the debate, and the DEA had no option but to shelve the proposal.
Today, kratom is not scheduled under any federal law, but the DEA lists it as a “drug and chemical of concern.” Meaning, its sale and use should be monitored, but that does not mean kratom is a banned substance or illegal.
Concisely, you are not breaking any U.S law at the federal level by buying kratom online.
So, Is Kratom Legal or Not? It Depends
Kratom sits in a kind of legal gray zone. Here are a few things to know about kratom legality in the USA.
- Kratom leaf and typical kratom products like kratom kava shots are not scheduled federally.
- Kratom is not FDA-approved
- Some kratom derivatives, especially those with high concentrations of 7-OH, are under new scrutiny, and the FDA recently recommended regulating them more strictly.
- Imports, sales, and marketing of kratom remain under occasional seizure or warning if the product is deemed unsafe or makes health claims.
- At the state level, some states have banned kratom entirely, while others allow it with restrictions. Many states have no special kratom laws, but it’s good to confirm if you intend to travel with kratom.
Check out our kratom regulation by state guide to learn more about which states have banned kratom.
Is Kratom Legal in the USA? Summary Table
| Agency/Rule | Legal Status of Kratom/7-OH | What it means for Buyers |
| DEA (federal) | Not scheduled, though it’s listed as a “drug of concern.” | You can legally possess kratom in many states, but extracts with high 7-OH may become restricted |
| FDA | No kratom product is approved for medical or supplement use | Sellers cannot claim health benefits. Products face warnings and seizures if sold illegally |
| Imports/Food Additives | Kratom is considered unsafe as a food or supplement additive | Some kratom shipments may be blocked or flagged at customs |
| State and Local Laws | Varies: some states ban kratom, others restrict it, and most allow it under regulation | Legal status depends heavily on where you are. Always check local laws before buying kratom online |
So, Should I Be Worried When Buying Kratom Online?
No, you do not need to panic when buying kratom online, but you should confirm where the state you live in has special kratom laws. We recommend you buy kratom products from a company that tests every batch, labels products clearly, and follows all state guidelines. Real Botanicals does this well and maintains a high level of transparency from labeling to clear shipping and return policy to providing COAs to customers before purchase, so you always know what you are taking.
You might be interested in Real Botanical’s Kratom Alternatives.
Here is a review of the best Kratom Alternatives.