The 2021 Update: Where is Kratom Legal?

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While most of the world’s health authorities have been focused on COVID-19 this year, the fight against kratom — and lobbying to keep kratom legal — has continued behind the scenes. As we head into the year 2021, let’s take a look at the updates on kratom from the year 2020. We will then provide an updated list of states where kratom is legal.

2020 in Review: Where Is Kratom Legal in the United States?


2020 has been a year of continued struggle between the federal authorities and organizations that are seeking to keep kratom legal. While COVID-19 dominated the media and news feeds on social media, many legislative assemblies continued to meet and discuss kratom policies, among other topics. Check out the latest developments in several states where kratom is legal:



On January 28, the Missouri Legislature’s House General Laws Committee passed the Missouri Kratom Consumer Protection Act unanimously. The bill was then passed in the Missouri House in February. This bill will help keep kratom legal and safe for buyers in the state of Missouri.



In February, bills to ban kratom in Maryland were struck down in a senate hearing and they chose instead to implement a 21+ minimum age for the purchase and use of kratom.



In late February, Oregon passed a partial version of the Kratom Consumer Protection Act and expressed the intention to make a plan for full implementation before the end of the year.


Hawaii and South Dakota

In February, bills to ban kratom were struck down in both Hawaii and South Dakota — keeping these states on the map of places where kratom is legal



On February 24, the Kansas Committee on Federal and State Affairs passed the Kratom Consumer Protection Act unanimously. 



Nevada had previously passed the Kratom Consumer Protection Act in 2019. However, this year, the Nevada Board of Pharmacy initiated the process to list kratom as a Schedule I controlled substance. Continued work is needed to combat misinformation campaigns from the FDA.


New Hampshire

A bill to ban kratom was defeated in New Hampshire, and the New Hampshire Senate Health Committee unanimously chose to consider the Kratom Consumer Protection Act instead.



In Mississippi, a pending bill to ban kratom was overturned by the Senate Drug Policy Committee and a unanimous decision was made to adopt the Kratom Consumer Protection Act. However, both of these bills (to ban kratom and to adopt the KCPA) were denied by Committee, and not put on the agenda for vote into legislation.



In Oklahoma, the House of Representatives unanimously passed the Kratom Consumer Protection Act (HB 2846) and referred it to the Senate for further consideration.


Monroe County, NY

Monroe County in the state of New York overturned its kratom ban this year. However, kratom is still banned in some New York counties.


With these important developments occurring in 10 states this year, it’s clear that the list of places where kratom is legal in the United States can change from one day to the next, and that it’s more important than ever to stay abreast of bills that are being proposed in your state so that you can influence policy changes for the better. Next, we will cover a summary of the states where kratom is legal, illegal, regulated, and pending review.


Where Is Kratom Legal in the United States: The Updated List for 2021

States That Have Passed the Kratom Consumer Protection Act

The Kratom Consumer Protection Act is an important piece of legislation that was developed to make kratom safer. Some of the policies in the KCPA include clear testing and labeling requirements, limits on alkaloid content, and a 21+ age restriction for sale and purchase. The first state to pass the KCPA was Utah in 2019, followed by Georgia, Arizona, and Nevada. This year, Missouri passed the KCPA and South Carolina has been working on creating a KCPA-type regulatory framework.


Where Else Is Kratom Legal? States with Pending Legislation

The following states have pending legislation either to ban or regulate kratom via the KCPA. If you live in these states, be sure to follow any proposed kratom bills closely:

  • Idaho
  • Illinois
  • Kansas
  • Louisiana
  • Michigan
  • New Jersey
  • New York
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Virginia


States Where Kratom Is Not Legal

Kratom is banned in the following states, counties, cities, and towns, and we will not ship to these locations. If you live in any of the other locations on this list of places where kratom is not legal in the United States, consider trying our alternative products.


States with a Kratom Ban

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin


Counties, Cities, and Towns Where Kratom Is Not Legal

  • California: City of *San Diego, city of Oceanside
  • Colorado: Town of Monument, city of Parker,
  • Florida: Sarasota County
  • Illinois: Alton and Jerseyville
  • Mississippi: Union County and Columbus
  • New Hampshire: Franklin
  • New York: Check with your local authorities


Where is Kratom Fully Legal?

The following states allow the sale and purchase of kratom products except in the cities mentioned above. Many of these states have had kratom bans proposed and overturned thanks to an overwhelming response from their constituents plus lobbying efforts from the AKA:

  • Alaska
  • California
  • Colorado
  • Connecticut 
  • Delaware
  • Florida
  • Hawaii
  • Iowa
  • Kentucky
  • Maine
  • Maryland [21+]
  • Massachusetts
  • Minnesota
  • Mississippi
  • Montana
  • Nebraska
  • New Hampshire [18+]
  • New Mexico
  • North Carolina [18+]
  • North Dakota
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee [21+]
  • Texas
  • Washington
  • West Virginia
  • Wyoming


What You Can Do to Expand the List of Places Where Kratom Is Legal in the United States

Dried Herb and fresh leaves on a table

Whether or not you live in a state where kratom is legal, there are several things you can do to educate your legislators and make kratom safer for everyone:

  1. Get to know your local lawmakers and provide them with up-to-date science on kratom. Be careful to avoid any claims that can’t be substantiated with research.
  2. Follow any proposed kratom bills in your state and leave your comments through the appropriate channels. Legislators are more likely to act if they know an issue is important to their constituents.
  3. Donate to a kratom advocacy organization. These organizations do the hard work of keeping kratom legal so that kratom enthusiasts can live at their best.


If you live in a state where kratom is legal

  1. Tell your story about how #kratomsaveslives in a 1-2-minute video and upload it to Vimeo. Send the link to the AKA here to be part of public advocacy efforts around the country.
  2. Buy your kratom only from reputable vendors who provide a third-party Certificate of Analysis and use kratom products responsibly. The more positive stories and the less negative stories that make it into the media about kratom, the more likely that legislators will consider policies that are favorable to kratom.


Shop Pure, Trustworthy Kratom at Kratora

Established in 2013, Kratora is dedicated to providing extremely fresh, pure, authentic kratom, and alternative products to our customers as well as keeping you updated on where kratom is legal. All of our products are third-party tested and you can access the Certificates of Authenticity here. Shop with us today to receive same-day shipping on orders submitted before 3 p.m. Eastern Time Monday through Friday and 1 p.m. Eastern Time on Saturdays (excluding holidays).


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 are intended to diagnose, treat, cure, or prevent any disease or medical condition.

Want to learn more about kratom quality and value? Start here:
Why Buying Cheap Kratom Can Be Dangerous

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