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A Guide to Kratom Legality: Where Is Kratom Legal?

November 13, 2020 by Speciosa Guide 71 Comments

Where is Kratom Legal?

[Latest update: November 2020]

Kratom legality is a question that concerns many. 

Users want kratom to remain legal because it helps them manage pain, stress, and anxiety, boost their mood and gain extra energy. According to testimonials and stories from users, kratom can be used instead of prescription drugs for numerous health conditions. Such as fibromyalgia, arthritis, back pain, depression, and even PTSD.

Federal agencies, on the other hand, want to ban it. They claim that kratom has no medical benefits and poses high health risks.

At the moment, kratom remains legal in certain locations. However, it’s outlawed in others and you can face serious consequences for disregarding that. There are also countries where kratom legality is unclear.

Therefore, knowing if kratom is legal or not in your geographic location is important to know before you purchase it. 

But, before we tackle this, let’s look at…

The History of Kratom Use and Legality

Relatively new to the western world, kratom was a traditional medicine in Southeast Asia for centuries. It was used as a stimulant and pain reliever, as well as for a number of conditions such as digestive disorders, intestinal parasites, and cough.

There were no rules or regulations about kratom. Peasants and workers could freely use it.

In the early 1800s, kratom was discovered by Dutch settlers. They brought kratom to Europe and started investigating it. Yet, it became popular among users only in the early 2000s.

The AKA (American Kratom Association) estimates that there are about 3-5 million kratom users in the United States. And, according to the data from 2016, kratom industry in the US was worth over a billion dollars.

Kratom Legality by Country and Continent

Kratom Legality: US

In late August 2016, the DEA (Drug Enforcement Agency) announced it’s intent to place kratom and its active components under Schedule I of the Controlled Substances Act. Their reason was kratom’s opioid-like properties and concern about public safety.

While the proposal received major backlash from the public and was withdrawn, the battle for kratom continues.

Kratom Bans in the US States

Currently, kratom is legal in most of America except for the following states:

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island (though Rhode Island may reverse the ban)
  • Vermont (though Vermont may reverse the ban)
  • Wisconsin (though Wisconsin may reverse the ban)

Kratom Bans in the US Cities and Counties

Kratom is also illegal in the following cities and counties:

  • San Diego in California
  • Monument Town in Colorado
  • Parker Town in Colorado
  • Sarasota County in Florida
  • Jerseyville in Illinois
  • Alton in Illinois
  • Edwardsville in Illinois
  • Alcorn County in Mississippi
  • Belmont County City in Mississippi
  • Blue Mountain City in Mississippi
  • Booneville City in Mississippi
  • Bruce City in Mississippi
  • Burnsville City in Mississippi
  • Caledonia City in Mississippi
  • Calhoun City in Mississippi
  • Calhoun County in Mississippi
  • Columbus City in Mississippi
  • Corinth City in Mississippi
  • Derma City in Mississippi
  • Fulton City in Mississippi
  • Guntown City in Mississippi
  • Itawamba County in Mississippi
  • Iuka City in Mississippi
  • Lowndes County in Mississippi
  • Mantachie City in Mississippi
  • Marietta City in Mississippi
  • Monroe County in Mississippi
  • New Albany City in Mississippi
  • Noxubee County in Mississippi
  • Okolona City in Mississippi
  • Oxford City in Mississippi
  • Pontotoc City in Mississippi
  • Prentiss County in Mississippi
  • Ripley City in Mississippi
  • Saltillo City in Mississippi
  • Senatobia City in Mississippi
  • Tippah County in Mississippi
  • Tishomingo City in Mississippi
  • Tishomingo County in Mississippi
  • Union County in Mississippi
  • Vardaman City in Mississippi
  • Franklin City in New Hampshire

In the remaining locations, it is legal to grow, possess, and use kratom. You also do not need a prescription to buy it. 

Regulating Kratom

The FDA does not regulate it at this time. There are no regulations on the federal level that would endure the purity and quality of kratom products. Therefore, kratom cannot be sold or marketed to treat any sort of condition or disease. That means that kratom is legal as long as vendors do not sell it labeled as a dietary supplement.

To counter that and ensure buyer safety, individual states are taking the initiative to regulate sales, manufacturing, and labeling of kratom products using the Kratom Consumer Protection Act. A few states in the US regulate kratom and more consider regulating it.

For more detailed information on kratom legality in each state, view this post on kratom legality in the United States.

Kratom Legality
Latest Update: November 2020

Kratom Legality: Canada

Kratom legality in Canada is a grey area, similarly to how it is in the United States. There is also an ongoing debate about whether the government should implement a kratom ban.

According to CFIA (Canadian Food Inspection Agency) and Health Canada, kratom is illegal if one sells or possesses it with an intent to ingest.

Yet, kratom powder and capsules are available for sale in Canada. As long as it’s not meant for ingestion, kratom remains legal.

Kratom Legality: Europe

While the European Union has no borders and has a unified currency, each country has its own legislation.

Thus, kratom legality by country will vary.

As of 2016, it is illegal to import, export, or sell kratom in the United Kingdom. There is a UK based kratom company that claims that kratom is 100% legal in the UK. Nonetheless, the UK Psychoactive Substances Act that came into effect in May 2016, does include in the list of outlawed substances that produce psychoactive effects.

In 2017, Ireland also enlisted kratom as a Schedule I illegal drug.

Kratom also remains a controlled or illegal substance in Latvia, Lithuania, Poland, Romania, Russia, Sweden, and Turkey.

Since 2016, kratom has been listed among major drugs in Italy. It is illegal to possess, sell, or import it there.

In Denmark and Finland, kratom is a controlled substance, yet one can purchase it with a valid doctor’s prescription.

Germany remains a grey area for kratom users. It is not an illegal substance, but it can only be bought or sold as a herb that isn’t supposed to be ingested. Therefore, vendors sell it as an ethnobotanical sample or sometimes even as paint. 

Hungary has a similar situation. Kratom is illegal for human consumption, yet it’s possible to buy and sell it as a botanical sample for analytic purposes.

In the rest of the European countries, kratom is currently legal.

Kratom Legality: Australia and New Zealand

In 2003, Australia banned kratom as a narcotic substance due to concerns about potential abuse. However, no actual instances of kratom abuse have ever happened there.

Since 2009 kratom and its active ingredients are illegal to grow, buy, or sell in New Zealand without a medical prescription. If you do have one, you can use kratom in New Zealand without problems.

Best Kratom Quiz

Kratom Legality: Asia

Ironically, the very region that kratom is indigenous to, does not allow its free use. At least not everywhere. 

ASEAN

ASEAN, the Association of Southeast Asian Nations, refers to kratom as a drug. No traditional medicines or dietary supplements in these countries can contain kratom or its derivatives. Thus, it is illegal to use, buy, or sell kratom there. Countries that are a part of the ASEAN are:

  • Brunei
  • Cambodia
  • Indonesia
  • Laos
  • Malaysia
  • Myanmar
  • Philippines
  • Singapore
  • Thailand
  • Vietnam

Yet, you’ll notice that some of the countries on this list, for example, Indonesia and Malaysia, are where kratom is currently grown and produced.

Despite the blanket regulation, in several of these locations kratom legality remains a grey area. It’s neither legal or illegal, having no rules regulating it within the country. Or, it is illegal and heavily punishable, yet allowed to be grown, harvested, and exported (without using it, of course).

This makes it dangerous to purchase kratom directly from these countries. No laws or regulations means that there is no guarantee that their kratom is safe, lab-tested, and contaminant-free. We highly advise anyone against purchasing directly from Asian countries and instead choose US-based vendors who test kratom in US-based labs to ensure that it is contaminant and adulterant free. Read more here.

If you travel to any of these countries and are unclear about the status of kratom there, it’s best not to put kratom in your luggage. Southeast Asian countries normally have strict drug laws and heavy punishment for breaking them if you get caught.

Thailand

In addition to that, Thailand legalized kratom for medicinal use in December 2018. Nevertheless, it remains not entirely “legal” as Thai police keep repeatedly seizing kratom possession. Moreover, in August 2019, Thai Prime Minister critically referred to kratom starting that it may be legalized if proven useful.

Since then, Thailand has been inching toward legalizing kratom. In summer 2020, the country decided to decriminalise the use of kratom in certain parts of the country, aiming to monitor the effects of legalizing kratom.

Korea, Japan, China, and India

South Korea also prohibits the use of kratom. You risk fines or jail time if you choose to import or export it.

Kratom is illegal in Japan.

Its status is unclear in China and there are no reliable sources to clarify that. However, according to our sources various vendors on TaoBao, the Chinese equivalent of Amazon, were shut down after listing it for sale. Also, considering China’s policy on opioids (which are illegal), we wouldn’t risk using or importing kratom into China.

In India kratom is currently legal, though be careful purchasing it there. There is a tree of the Mitragyna family that grows in India. While it has similar properties they aren’t the same as those of kratom. Indian vendors label it as Indian Kratom which is much cheaper. Yet, users have complained about it not being nearly as effective and causing nausea.

Kratom Legality: South America

The only official reports on kratom legality are available on Brazil where kratom is legal.

Is kratom legal in other locations around South America?

Currently, there is no reliable information available in other South American countries. But, users have reported having no problems traveling into and around South America with kratom.

They do, however, advise against traveling back to the USA from countries such as Colombia. They mention that border officials can mistake kratom for coca leaves and may cause issues.

Traveling with Kratom

If you intend to travel with kratom, be sure you know the latest information on the legislation of kratom in your destination. Is kratom legal there? Then, most likely you will be fine because, in most locations around the world, kratom is currently legal.

Nonetheless, there are countries where you will face a fine or other punishment if you act against the law. If you are an active-duty military member, you cannot take kratom with you either. The US military prohibits kratom. 

Keep in mind that there are locations that are still unfamiliar with kratom. As a result, they may not have any rules or regulations about it at all.

Meanwhile, other countries have kratom legality in the unclear, grey area.

If that is the case and you can’t find a definite answer to whether you can enter the specific country with kratom, it may be safer to leave your kratom at home. Doing so will ensure that you don’t get into any legal problems.

It will also prevent the reputation of kratom from being tarnished even further. Any negative incident anywhere in the world can be used by federal agencies as a reason for the kratom ban.

Do you have any experience with kratom in the countries that we have and haven’t mentioned? Is kratom legal there? Any other comments on kratom legality in different corners of the globe? Feel free to share them with us.

We do our best to ensure that we have the latest and most accurate information on our website. However, we wrote this post in September 2018, and the information included in it may change over time.

[Latest update: November 2020]

If you notice a recent change in legality that we have not included yet, don’t hesitate to contact us and let us know. Or simply leave a comment. We will highly appreciate it. 

Filed Under: News Tagged With: kratom legality, kratom legality asia, kratom legality australia, kratom legality canada, kratom legality europe, kratom legality germany, kratom legality italy, kratom legality new zealand, kratom legality south america, kratom legality thailand, kratom legality turkey, kratom legality uk, traveling with kratom

Traveling With Kratom: Is It Legal and How to Do It

August 27, 2019 by Speciosa Guide 2 Comments

Traveling with kratom

We frequently receive questions about traveling with kratom. That is not surprising given that kratom legality is not the same everywhere in the world.

Kratom is an extremely beneficial herb that helps people manage pain, stress, depression, anxiety, improve their sleep, quit prescription opioids, as well as boost their energy levels, focus, and concentration.

Therefore, it’s understandable that kratom lovers would like to maintain their improved quality of life not only in their day-to-day life but also when they travel. This leads to a variety of questions, such as:

  • Is it legal to travel with kratom to certain locations?
  • Can you travel with kratom on a plane?
  • Should kratom go in the checked-in or carry-on luggage?
  • Can you take kratom on your travel abroad?

We frequently answer people’s queries on traveling with kratom and decided to finally gather our answers in a single post.

Is It Legal to Travel with Kratom in the United States?

As long as kratom is legal in your destination, you should be able to travel with kratom without any issues. There is no federal kratom or kratom alkaloid ban in the country; however, certain states and municipalities across the United States have banned kratom.

In 2016, there was an attempt to ban kratom nationwide and list kratom as a Schedule I drug along with substances such as LSD, heroin, Ecstasy, and marijuana. This would have made traveling with kratom illegal. Yet, due to activism from kratom supporters, this did not happen.

Nonetheless, several locations across the country ban kratom. The states where kratom is illegal are:

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

In addition to those, kratom is also illegal in:

  • San Diego, CA
  • Sarasota County, FL
  • Jerseyville, IL
  • Alton, IL
  • Several counties and towns in Northern Mississippi.

So, you can travel with kratom to locations where it is legal. However, we strongly advise against traveling with kratom if it’s in your destination. Doing so can put you in jeopardy and spread negative information about the herb, giving kratom ban advocates more ammunition.

Best Kratom Quiz

Always Check the Legalities before Traveling

We strongly advise that you check the legalities right before you travel to avoid any unexpected developments. That’s because there is pending legislation in a number of other states. Things can change overnight, and we may not be able to update the information above right away.

So, please refer to the following posts below:

  • Kratom Legality in the Different States in the US
  • Kratom Legality in the World including the United States (please refer to the comment section as some of your questions may have already been answered)

You can also find information on current and past kratom bills in the United States here. Keep in mind though that this source will only include bills that cover the entire state. Any legality issues regarding cities and counties will not appear there.

Is It Traveling with Kratom Abroad Legal?

This question, however, is not as easy to answer. The legality of traveling with kratom depends on each individual country’s legislation which you should check or inquire about before you travel there.

Though be careful. While it would make logical sense to assume that kratom is legal if it’s not banned, keep in mind that the popularity of kratom is a lot higher in the United States than it is in other countries around the world.

Due to multiple reasons, we can’t provide a definitive list of all countries where kratom is illegal. Nonetheless, below are countries that have either banned kratom and the entry with kratom there may be problematic:

  • Australia
  • Brunei
  • Cambodia
  • Colombia
  • Denmark
  • Finland
  • Germany
  • Indonesia
  • Ireland
  • Israel
  • Italy
  • Japan
  • Jordan
  • Laos
  • Latvia
  • Lithuania
  • Malaysia
  • Myanmar
  • New Zealand
  • Philippines
  • Poland
  • Romania
  • Russia
  • Saudi Arabia
  • Singapore
  • South Korea
  • Sweden
  • Thailand
  • Turkey
  • United Arab Emirates
  • United Kingdom
  • Vietnam

Once again, the list above is not exhaustive and it’s best to check the legalities right before you travel.

When in Doubt, Keep Kratom at Home

We know that it may not be the most optimal choice in terms of your wellbeing; it could keep you out of potential trouble with the law enforcement officials in foreign countries. Make sure to quit kratom or taper off at least a few days prior to your travel. This will make it easier for your body to adjust.

Many countries have very limited or no knowledge about kratom. So, they wouldn’t have the procedures or procedures needed to identify that what you’re carrying is kratom rather than something else that may be illegal in that specific country.

While in the United States you’re considered innocent until proven guilty and officials cannot detain you without a case, other countries do not necessarily function in the same way. You risk being detained, and charges can be severe. So, it’s best to avoid legal problems altogether.

Last but not least, what should you do at the airport if you choose to travel with kratom? Should you put in your carry-on or checked-in luggage?

How to Travel with Kratom

To avoid any potential issues, place kratom in your checked-in luggage. Even if kratom is legal, TSA officials may not be familiar with it and suspect that you are carrying something illegal. This can cause delays, or, in some countries, may even cause you to be detained.

Checked-in luggage is not likely to be checked during layovers. Nevertheless, if you have a layover in a country or state where kratom is illegal, it’s best not to have it with you regardless.

Pack kratom in its original unopened packaging. This will make identifying it much easier.

Have you ever traveled with kratom? Where did you travel? How did it go?

Filed Under: Guides Tagged With: kratom legality, kratom legality asia, kratom legality australia, kratom legality canada, kratom legality europe, kratom legality germany, kratom legality italy, kratom legality new zealand, kratom legality south america, kratom legality thailand, kratom legality turkey, kratom legality uk, kratom legality United States, traveling with kratom

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