Kratom is federally legal in the United States as of 2026. The DEA considered emergency scheduling in 2016 but withdrew the proposal after an unprecedented public comment response of over 23,000 messages opposing the ban. Today, kratom remains an unscheduled botanical. However, state and local laws vary significantly — six states have banned kratom outright, and multiple cities and counties have additional local restrictions. Before purchasing or traveling with kratom, checking your specific state and local laws is essential.

Which states have banned kratom?

As of 2026, kratom is prohibited at the state level in: Alabama (Schedule I since 2016), Arkansas (Schedule I since 2016), Indiana (controlled substance since 2014), Rhode Island (Schedule I), Vermont (Schedule I), and Wisconsin (Schedule I). In these states, possession, sale, or distribution of kratom products is illegal and can result in criminal penalties. These bans cover both kratom powder and kratom extracts regardless of alkaloid content.

Are there city or county-level kratom bans?

Yes. Several municipalities have enacted local kratom restrictions even in otherwise-legal states. Notable examples include Sarasota County, Florida (banned since 2014, before Florida statewide legality was confirmed); San Diego, California (restricted); Denver, Colorado (age-restricted sales); and Columbus, Ohio (formerly restricted, later reversed). Local ordinances change frequently. Even if your state permits kratom, your city or county may have additional rules. The American Kratom Association maintains an updated map at americankratom.org.

What is the Kratom Consumer Protection Act?

The Kratom Consumer Protection Act (KCPA) is model legislation supported by the American Kratom Association that regulates kratom quality and sales rather than banning it. States that have passed KCPA legislation: Georgia, Nevada, Oklahoma, Utah, and Arizona. The KCPA typically requires: age restrictions (18 or 21+), mandatory lab testing and label disclosure of alkaloid content, prohibition of adulterated products, and manufacturing standards. States with KCPA are considered the gold standard for consumer protection in kratom markets. KCPA-compliant brands typically disclose mitragynine content per serving on labels.

Can kratom be shipped to all states?

Kratom cannot legally be shipped to Alabama, Arkansas, Indiana, Rhode Island, Vermont, or Wisconsin. elevatedhaze.com does not ship kratom products to these states. Within legal states, USPS, UPS, and FedEx all permit kratom shipments as it is not a federally controlled substance. Some carriers have their own internal policies about botanical supplements and may refuse shipments. Most reputable kratom vendors use discreet packaging that does not indicate product contents on the outside label.

What is the federal outlook for kratom in 2026?

The FDA maintains a warning posture on kratom, classifying it as an "unapproved new drug" and repeatedly attempting to import alerts and enforcement actions. The FTC has issued warnings to companies making health claims about kratom. The DEA has listed kratom on its "drugs of concern" list without scheduling it. Congressional lobbying by the American Kratom Association has successfully blocked two scheduling attempts. The Kratom Consumer Protection Act has been introduced at the federal level (HR 8941 in the 117th Congress) but has not yet passed. The regulatory status is more stable than it was in 2016 but remains subject to change.