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Kratom Regulation Status by State in 2023


  •   Posted on: 2023-12-01
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End-of-year kratom regulation status by state. 


As 2023 comes to an end, we want to update our readers on each US state’s current kratom legislation status. A federal Kratom Consumer Protection Act (KCPA) was recently proposed by bipartisan members of Congress. However, many states have adopted their own KCPA / kratom regulation laws. Below is a categorized list of each state’s current stance on kratom, as of December 2023:




StateStatusNotes
AlabamaBannedKratom was added as a Schedule 1 contronlled substance in 2016. Discussions have begun to replace the ban with a KCPA bill. 
AlaskaLegalNo known active legislative effort to regulate. 
ArizonaLegalPassed a KCPA bill in 2019. 
ArkansasBannedKratom was added to the controlled substance list in 2016. Legislators have expressed interest in moving towards a KCPA bill. 
CaliforniaLegal (mostly)Legal statewide except for the cities of San Diego and Oceanside.
ColoradoLegalA KCPA bill took effect in July of this year (2023). 
ConnecticutLegalA bill ro ban sales to anyone under 21 was proposed and heard in February, but as of now no action has occurred. 
DelawareLegalNo known active legislative effort to regulate.                                                                                                                                                                                                                                                               
FloridaLegal (mostly)A KCPA bill was passed in 2023, with an age requirement of 21. Kratom is banned in Sarasota County. 
GeorgiaLegalA KCPA bill was passed in 2019. Modifications to the bill are expected in 2024. 
HawaiiLegalNo known active legislative effort to regulate.
IdahoLegalNo known active legislative effort to regulate. 
IllinoisLegal (mostly)KCPA is being considered. However there are bans in the cities of Jerseyville, Alton, and Edwardsville. 
Indiana     BannedKratom has been identified as a synthetic drug and therefore falls into the legislation for synthetic controlled substances. KCPA was passed by the House in 2023, but deferred by the Senate. 
IowaLegalNo known active legislative effort to regulate. 
KansasLegalKCPA legislation has been deferred to 2024. 
KentuckyLegalA ban was proposed in 2022 but halted. A KCPA bill is under consideration. 
LouisianaLegal (mostly)A KCPA bill and state ban bill are both active. There are bans in the city of Franklin, and in the parishes of Ascension and Rapides. 
MaineLegalNo known active legislative effort to regulate.
MarylandLegalNo known active legislative effort to regulate.                                                                                                                                                                                                                                                       
MassachussettsLegalA KCPA bill is active In 2023. 
MichiganLegalA KCPA bill is active in 2023. 
MinnesotaLegalA KCPA bill is active in 2023. 
MississippiLegal. (mostly)Statewide bans were overcome in 2023 but bans remain in many cities and countries.
MissouriLegalA KCPA bill is active in 2023. 
MontanaLegalA ban bill has recently become active late in the legislative session.                                                                    
NebraskaLegalNo known active legislative effort to regulate. 
NevadaLegalA KCPA bill was passed in 2019. 
New HampshireLegalLegal for those over the age of 18. 
New JerseyLegalA KCPA bill is active in 2023.                                                                                                                                                                                                                                                      
New MexicoLegalNo known active legislative effort to regulate.
New YorkLegalA KCPA bill is active in 2023. 
North CarolinaLegalLegal for those over the age of 18. 
North DakotaLegalNo known active legislative effort to regulate. 
OhioLegalA KCPA bill is being considered by legislation
OklahomaLegalA KCPA bill was passed in 2021.
OregonLegalA KCPA bill was passed in 2022. 
PennsylvaniaLegalA KCPA bill is expected to be filed soon. 
Rhode IslandBannedLegislators are currently pushing for a KCPA bill.
South CarolinaLegalA ban was filed in 2023 but due to lack of action, the deadline to move the bill forward has passed. 
South DakotaLegalPreviously proposed bans have been rejected by legislation, who is currently reviewing the KCPA.                                                                                                                        
TennesseeLegalLegal for those over the age of 21. 
TexasLegalA KCPA bill was passed in 2023. 
UtahLegalThe first state to ever pass a KCPA bill, back In 2019. 
VermontLegalKratom was recently removed from the Schedule I substance list. KCPA is under consideration.
VirginiaLegalA KCPA bill was passed in 2023. 
WashingtonLegalA bill to ban kratom was proposed in 2022 but it was removed and the KCPA was introduced. 
West VirginiaLegalA KCPA bill was passed in 2023. 
WisconsinBannedHowever it was recently voted as not meeting requirements to be classified as a scheduled substance. KCPA legislation was proposed in September.                                               
WyomingLegalNo known active legislative effort to reduce.