Posted by When someone asks “is kratom legal?” the answer to that question can be complicated. On the federal level, it’s a “yes”–but it might be a “no,” or a “kinda,” depending on what state you’re in. No one wants a headache trying to figure this stuff out–especially if you’re unironically seeking kratom for pain relief! Join us for a quick breakdown of the legal landscape of kratom in 2025 and advice for consumers who want to stay safe and stay in the know.
The Feds on Kratom…
In 2016, the DEA attempted to prohibit kratom by classifying it as a Schedule I drug under the Controlled Substances Act–which would have made kratom legally equivalent to heroin. However, as you might know or suspect, the DEA failed after massive outcry from advocates and researchers, and kratom thus remains “unclassified.” It is, therefore, legal to buy, possess, and distribute in the US. You could say kratom is “federally tolerated” and remains thus unregulated.
However, because the FDA is, well, the FDA, they have mandated that kratom “not be lawfully marketed” as a “dietary supplement, drug, or food additive.” If this sounds scary, realize that the same can be said for kava and other botanicals that are widely and safely used by plenty of happy consumers. With kratom specifically though, the FDA cited insufficient safety data and risks like liver toxicity, seizures, and substance use disorder (SUD). Products containing kratom are thus deemed “adulterated” under federal law, opening the door to legal warnings and prosecutions—especially for those making unapproved health claims.
We get it: the FDA is trying to protect vulnerable consumers from being exploited by dangerous or ineffective products. At the same time, this federal approach to kratom actually makes it more challenging to get in-depth scientific research studies about kratom approved–but we maintain hope this will change. More recently, RFK’s FDA has chosen to double down on issuing warnings about kratom’s opioid-like alkaloids…so chances are, the federal scrutiny is only going to intensify. Still, this is nothing new under the sun in the botanical world…
Kratom’s State Legal Rollercoaster
Similar to what has happened with cannabis, individual state legislatures are jumping in and creating their own laws about kratom–and they run the gamut. As we head into the last months of 2025, several states have banned kratom outright. These states include:
- Alabama – Listed as a Schedule I substance since 2016
- Arkansas – Prohibited under state law, classed alongside heroin and LSD
- Indiana – All kratom and products containing its active alkaloids are banned
- Louisiana – Declared a new statewide ban effective August 1, 2025; possession in Louisiana now carries “severe penalties,” including fines and jail time
- Vermont – Mitragynine and 7-hydroxymitragynine are controlled substances
- Wisconsin – Kratom is listed under Schedule I controlled substances
Now, Rhode Island also just passed a law banning kratom–but they are set to regulate it for legal use by spring 2026; we’ll see…
In terms of states with partial-bans or other regulations on kratom, 24 states plus D.C. impose regulations, often via Kratom Consumer Protection Acts (KCPAs) championed by the American Kratom Association (AKA). These rules typically mandate age limits (typically 21+), lab testing for contaminants, labeling requirements, and bans on adulterants like synthetic 7-OH. Arizona, Colorado, and Georgia lead the pack with the most robust Kratom Consumer Protection Acts, ensuring “pure” products. Other states with similar regulations include: Texas, Utah, Nevada, Hawaii, and Oklahoma.
Notably, Florida issued an emergency ruling to specifically ban 7-OH. Natural kratom is still legal to possess and sell in most of Florida (except in Sarasota County), but concentrated 7-hydroxymitragynine (7-OH) is now a Schedule I controlled substance and banned. The controversy surrounding 7-OH stems from its higher potency–but proponents of 7-OH insist that the bans will do more harm than good, as people seek fentanyl instead, or cartels get involved.
As for the remaining states? You’re good to go–at least for today… It’s important to maintain awareness of pending legislation, as kratom regulations evolve. And certainly, if you are a passionate consumer of kratom and you want to make sure kratom stays legal or becomes legal, it’s not a bad idea to write to your state representatives.
Kratom’s Global Legality? Also Complicated…
Not without some serious irony, Kratom is banned in Thailand–its birthplace. Similarly, Kratom is banned in Australia, and much of Europe, where the EU classifies it as a “novel food” requiring approval. Canada treats it like a controlled drug–you need an rx from a physician. In Indonesia—the world’s top exporter of kratom—the plant is decriminalized for traditional use.
The bottom line? Check the laws before you travel with any kind of kratom product. You don’t want to get in trouble at customs, or during an interstate traffic stop if you have kratom in your possession and you’ve crossed into a place where it is illegal.
You might be interested in reading “Is Kratom Regulated by the FDA or DEA?” and “Latest Kratom and Kava Laws Explained.”