Like many natural supplements, there’s a lot of misinformation about kratom. Is kratom beneficial? Does it have an impact on public health? Currently, kratom is not regulated at the federal level in the United States. However, the DEA, the FDA and kratom have a complex history.
Whether you’re an experienced kratom user or just beginning your journey with this potent plant, it’s important to understand some of the legal issues surrounding kratom. By educating yourself on the relationship between federal agencies like the FDA and kratom, you can make a more informed choice as a consumer — and, if you choose, you can use this information to advocate for the rights of kratom users nationwide.
In this article, we’ll provide an overview of kratom’s history and current legal status in the United States. Then, if you’d like to get involved in kratom advocacy, we’ll offer some easy ways to take the next step.
What is Kratom?
It’s important to start by clearing up some common misconceptions about kratom. First, kratom is not a synthetic drug. It’s a natural product made from the leaves of the Mitragyna speciosa tree, which grows in Southeast Asia. Although kratom is relatively new to the United States, people in Southeast Asia have used it for centuries in traditional medicine and religious rites.
Kratom leaves are a natural source of bioactive chemical compounds called alkaloids. It’s estimated that the leaves contain 28 alkaloids (or more!), but the two most prominent alkaloids are called Mitragynine and 7-Hydroxymitragynine. When these two alkaloids are metabolized, they naturally activate opioid receptors in the brain that release a variety of sensations that most users find pleasurable.
Different “strains” of kratom contain different balances of each of these key alkaloids. Mitragynine-dominant strains, like white vein kratom, tend to make users feel more focused and motivated. Strains like red vein kratom, which have a higher proportion of 7-Hydroxymitragynine, reportedly feel more “grounding” and help users unwind. Other strains provide different effects and benefits.
Kratom first appeared on the record in Western medical literature in 1836. It’s unknown exactly when people began using it in the United States. However, kratom use has steadily increased since the 1990s. According to a 2021 survey, it’s estimated that 1.7 million Americans used kratom or products containing kratom.
Today, it’s common in many headshops, specialty stores, and online vendors. Most kratom in the United States takes the form of raw powders, capsules, teas, tinctures, and extracts.
What’s the FDA’s Stance on Kratom?
The Food and Drug Administration, also known as the FDA, is an important federal agency that protects the public by regulating the safety of food, pharmaceutical drugs, medical devices, cosmetics, and more.
Unfortunately, the FDA is not currently supportive of kratom. Their stance is that more scientific research and data are needed to properly evaluate the efficacy of kratom. As of June 2024, kratom is not FDA-approved. There are currently no pharmaceuticals or other FDA-approved products that include kratom or its alkaloids as ingredients.
However, kratom is not a controlled substance in the United States. This means that it is not illegal at the federal level. Instead, legal access to purchase and use kratom is determined at the state or local level. As such, when it comes to the FDA and kratom, the FDA does not have the power to prohibit kratom.
What is the DEA’s Stance on Kratom?
When regarding the legal status of a substance, the Drug Enforcement Agency (or DEA) is also an important agency to consider. Like the FDA and kratom, the DEA’s stance is that kratom is not beneficial to public health.
In fact, the DEA attempted to ban kratom in 2016 by labeling it as a Schedule I controlled substance. This would have placed kratom in the same category as illegal street drugs like heroin, LSD, and ecstasy.
However, kratom advocates quickly mobilized. They gathered over 130,000 signatures on a White House petition and garnered the support of 51 members of Congress to call on the DEA to reverse course. Their efforts were successful. Although kratom remains unprotected at the federal level, it has not been banned outright.
Kratom Legality in Your Region
In most places in the United States, kratom can be purchased and consumed if you are 21 or older. However, some states or localities have voted to pass their own bans on kratom. As of June 2024, it is illegal in the following states:
- Alabama
- Arkansas
- Indiana
- Rhode Island
- Vermont
- Wisconsin
Additionally, some cities or counties have passed kratom bans despite being located in states that are otherwise kratom-friendly. For example, kratom is legal in California but prohibited in the city of San Diego.
To learn whether kratom is legal where you live and stay up to date on new laws that may affect you, visit the American Kratom Association’s interactive map.
Get Involved in Advocacy Efforts for Kratom
If you or someone you love has benefited from using kratom, consider getting involved in the advocacy efforts to legalize it. Call or write your Congressional representatives and encourage them to pass the Federal Kratom Consumer Protection Act. You can also find local kratom advocacy groups via the American Kratom Association.
Advocates hope that legalizing kratom will create more opportunities for scientific and medical studies into the plant’s benefits. With more data about kratom’s safety and efficacy, the FDA may change its stance on kratom. Legalization may also pave a path for FDA regulation, which will help guarantee that customers are protected from fraudulent or tainted kratom products.
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