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Is Kratom Considered a Controlled Substance?

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The relatively short history of kratom legality in the United States has been so full of twists and turns that it could easily provide the script for a full-length action film. Unfounded claims (on both sides of the equation), black-market adulteration, fraudulent propaganda, and the power of the people have worked together to create a situation in which the legality of kratom is constantly changing. Is kratom a controlled substance? Read on to find out the most current information about kratom legality in the United States.

Defining a Controlled Substance

In the United States, controlled substances are defined at a federal level as part of the Controlled Substances Act of 1970. The implementation of this act is the responsibility of the Drug Enforcement Administration (DEA). If kratom were a controlled substance, Mitragyna speciosa and/or its primary alkaloids (Mitragynine and 7-hydroxymitragynine) would appear on the Controlled Substances Act list under one of the “Schedules” from I through V and would be subject to restrictions and seizure at a federal level.

The People’s Victory for Kratom Legality

Interestingly, it’s not for lack of trying that kratom isn’t a controlled substance. In fact, Mitragynine and 7-hydroxymitragynine were almost placed on an emergency schedule on August 31, 2016. When the notice of intention to schedule kratom was published, there was an outpouring of support for kratom from more than 100,000 individuals and over 50 members of Congress. The overwhelming public support for kratom resulted in this emergency scheduling being overturned.

The Kratom Consumer Protection Act (KCPA)

While kratom is not a controlled substance at the federal level, individual states, counties, and cities have the power to control the sale, purchase, and possession of kratom. To date, four states have officially legalized kratom and adopted a local version of the American Kratom Association’s Kratom Consumer Protection Act (KCPA), which restricts the age of purchase for kratom products and requires kratom to be third-party tested for purity. States that have not adopted this legislation either ban kratom entirely or allow (but don’t regulate) its use.

Map of Kratom Legality in the United States

The American Kratom Association reports the following states in which kratom is banned, restricted, or regulated. In every U.S. state not listed here, kratom is currently not a controlled substance.

Kratom Legality in the United States, April 2021

Statewide Ban

Some Local Bans in Place

KCPA Passed

Alabama

City of San Diego

Arizona

Arkansas

City of Denver

Georgia

Indiana

Sarasota County

Nevada

Rhode Island

Mississippi

Utah

Vermont

Wisconsin

Choose Reliable, Lab-Tested Products

The status of kratom as a controlled substance in the United States is heavily influenced by poisoning and intoxication reports as well as responsible (or irresponsible) behavior on the part of vendors.

Please note that the US FDA has not approved kratom to be sold for human consumption, sold for external use only. The statements in this article have not been evaluated by the FDA. None of the products sold on our website is intended to diagnose, treat, cure, or prevent any disease or medical condition.

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