State-by-State Kratom Developments

    Listed below is a state level list showing legislative developments and legality across America. The AKA is working hard on a state-by-state campaign to pass Kratom Consumer Protection Acts (KCPA) in each state to ensure kratom legality and purity on a local level. 

    Though kratom is legal in the U.S. on a federal level, some states have and/or are taking regulatory or legislative action to ban kratom. However the AKA is working hard to ensure KCPA legislation is introduced and passed. The current state of kratom related legislation and legality for every state is listed below.

    Green=Legal | Red=Banned | Light Blue= Kratom Consumer Protection Act Introduced or Pending* (may at present be banned)

    Royal Blue= Legal & Kratom Consumer Protection Act Passed

    Grey=Legal, but legislation to ban Kratom was introduced, has been introduced or is likely to be introduced.  

    **Please only use this information to approach policymakers in your own state/district, as constituents have the most influence on the political process.  Overwhelming lawmakers with requests, unless directed to do so by the AKA for specific purposes, could have a negative impact on the push to keep kratom legal.**

    AlabamaBanned.  As of May 10, 2016 SB226 makes kratom a schedule 1 controlled substance.  Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    AlaskaLegal.  No known active or pending legislative action.

    ArizonaLegal. Kratom Consumer Protect Act Passed! 

    ArkansasBannedKratom Consumer Protection Act Filing Pending. As of February 1, 2016 it is banned.  It was added to the controlled substance list using AR code § 5-4-201 (a)(1)(A)(i).  Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    CaliforniaLegal. Except in the city of San Diego and the city of Oceanside.  SD passed ordinance 20657 on June 15, 2016.  AKA is looking into surrounding cities for possible bans that were passed on a local level.

    ColoradoLegal.  No known active or pending legislative action.

    ConnecticutLegal.  No known active or pending legislative action.

    DelawareLegal.  No known active or pending legislative action.

    FloridaLegal. Kratom Consumer Protection Act Filing Pending. Except for Sarasota County.  In 2017 HB183 and SB424 would have made kratom illegal.  Thanks to the very hard work of many people, including AKA members and the legislators in FL, the bills died in committee.  In 2016, (HB 73 and SB 11) did not pass and died in committee.  

    GeorgiaLegal.  Kratom Consumer Protection Act Passed (HB 783) would have banned Kratom.  Thanks to the very hard work of many people, AKA members and AKA Team Georgia, Kratom was removed from the bill.

    HawaiiLegal.  No known active or pending legislative action.

    IdahoLegal. Kratom Consumer Protection Act Filing Pending.

    IllinoisLegal for adults. Kratom Consumer Protection Act Filing Pending. for Jerseyville, banned in April 2017.  On 10/3/17 HB4106 was introduced to amend the 18 and over law to make kratom possession a Class B misdemeanor.  (HB 5526) during the 2014 legislative session make the sale of Kratom to minors under 18 of age banned.  The bill is currently in Rules Committee with no hearing date.  Working with our lobbying team to monitor.

    IndianaBanned. Kratom Consumer Protection Act Filing Pending. SB0305 incorrectly identifies Kratom as a synthetic drug and thus scheduled Kratom as part of synthetic controlled substances legislation.  Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    IowaLegal.  No known active or pending legislative action.  Legislation that would have criminalized kratom (HB 640 / HF 2355) was introduced and referred to the Iowa House Public Safety Committee, however, the bill was not passed during the 2014 legislative session.

    KansasLegal. Kratom Consumer Protection Act Filing Pending. Senate Bill SB282 would have mad kratom illegal in all forms. Kratom was removed from SB282 and signed by governor.

    KentuckyLegal.  (SB136) would have made kratom a controlled substance.  Thanks to the very hard work of many people, including AKA members, the bill did not pass.

    LouisianaLegal. Kratom Consumer Protection Act Filing Pending.HR177 passed on 5/18 to request the LA Dept. of Health to study the scheduling of kratom.

    MaineLegal.  Senate LD1546 would have made kratom illegal.  Thanks to the efforts of many the bill did not pass.

    MarylandLegal.  No known active or pending legislative action.

    MassachusettsLegal.  No known active or pending legislative action.

    MichiganLegal.  No known active or pending legislative action. Legislation that would have scheduled kratom (HB 5707) was not passed during the 2014 legislative session.

    MinnesotaLegal.  No known active or pending legislative action.

    MissouriLegal.  No known active or pending legislative action. 

    MississippiLegal. Kratom Consumer Protection Act Filing Pending.Except for Union County.  SB2475 & HB974 Pending legislation to make kratom illegal statewide.  Kratom was removed from SB2892 and signed by governor 

    MontanaLegal.  No known active or pending legislative action

    NebraskaLegal.  No known active or pending legislative action. 

    NevadaLegal.  Kratom Consumer Protection Act Passed

    New HampshireLegal. 18+ per (SB540).  Thanks to advocacy and education efforts of AKA members, the late State Rep. Shem Kellogg and Kratom users across the state of New Hampshire an agreement was reached putting an age restriction of 18+.

    New JerseyLegal. Kratom Consumer Protection Act Filing Pending. Assemblyman Ron Dancer previously introduced legislation A4431 and A3461 that would criminalize the manufacture, sale and possession of substances containing Kratom; those bills did not pass.  A2865 has been introduced to once again try to ban kratom statewide.  A6924 monitoring A2865 (carryover from A3281) which criminalizes kratom.  Pending in the Law & Public Safety Committee

    New MexicoLegal.  No known active or pending legislative action.

    New YorkLegal.Kratom Consumer Protection Act Filing Pending. Various bills have been introduced over the past few years.  Currently A6924 is for prohibiting use by minors.  However, bill A6345 bans the sale and distribution of kratom.  For New York, it's a year-round session but we'll keep you up to speed should any developments occur.  If you live in NY, please message or call your state Assembly and Senate members.  Find yours here.  State your opposition to ANY bill that prohibits the sale or possession of kratom.  We continue to monitor multiple bills. 

    North CarolinaLegal. Kratom Consumer Protection Act Filing Pending. (SB830) had been introduced into legislation that would have scheduled kratom.  Instead restrict its use to people over the age of 18 plus a study.  Thanks to the very hard work of many people, including AKA members, the bill did not pass.

    North DakotaLegal.  No known active or pending legislative action. 

    OhioLegal.  The Ohio Board of Pharmacy decided to move forward with the process of scheduling kratom as a Schedule I substance. The AKA actively fought this action and as of August 2019 the Ohio Board has delayed indefinetly the scheduling process. 

    OklahomaLegal.  No known active or pending legislative action.  Legislation that would have scheduled kratom (HB 2666) was not passed during the 2014 legislative session.

    OregonLegal. Kratom Consumer Protection Act Filing Pending. Except for Ontario (page 38).  SB 518 has been introduced.  The state board of Pharmacy will conduct a study.

    Pennsylvania—Legal.Kratom Consumer Protection Act Filing Pending.

    Rhode IslandBanned. Kratom Consumer Protection Act Filing Pending. Director of Health, using their Controlled Substance Act banned two alkaloids.  Signed into law on May 31, 2017.  See the ban details here.  Please see Rep. Kennedy Letter to Director of Health Nicole Alexander-Scott at the Rhode Island Department of Health. 

    South CarolinaLegal.Kratom Consumer Protection Act Filing Pending.

    South DakotaLegal.  No known active or pending legislative action. 

    TennesseeLegal. Kratom Consumer Protection Act Filing Pending. Ban was reversed making it legal for plain leaf for 21 and over as of July 2018.  HB1832 and SB2258.  SB2258/HB1832 passed with an under 21 ban on kratom making it legal.

    TexasLegal.  No known active or pending legislative action. 

    UtahLegal.  Kratom Consumer Protection Act Passed!

    VermontBanned.  Vermont classifies one of the primary alkaloids in Kratom, 7-OH (hydroxymitragynine), as a regulated drug (Title 18 V.S.A. § 4205), effectively banning Kratom in the state of Vermont. Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    VirginiaLegal. No known active or pending legislative action. 

    WashingtonLegal. No known active or pending legislative action. 

    Washington D.C.—Banned.  The City of Washington D.C. quietly banned kratom by resolution on December 12, 2016.  Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    West Virginia— Legal.  HB2526 would make kratom a controlled substance.  Kratom was removed from HB 273 and signed by governor

    WisconsinBanned. Kratom Consumer Protection Act Filing Pending.Wisconsin classified the primary alkaloids in Kratom, mitragynine and 7-OH (hydroxymitragynine), as Schedule I (Wis. Stat. § 961.14), effectively banning Kratom in the state of Wisconsin. Advocacy and education efforts are underway with the regulators and legislators of jurisdiction.

    WyomingLegal.  No known active or pending legislative action.

     

    DAYS THE FDA HAS IGNORED AKA’S MEETING REQUEST

    © 2019 American Kratom Association.

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