Kratom
Legal Status
U.S. FEDERAL LAW #
Caution : All legal information should be verified through other sources. [see below]
U.S. FEDERAL LEGAL SUMMARY | |
Mitragyna speciosa | |
REGULATED | No |
STATUS | Not Approved For Human Consumption |
SCHEDULE | Not Scheduled |
Kratom (Mitragyna speciosa) is uncontrolled in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.
On Aug 30, 2016 the DEA proposed emergency scheduling kratom's psychoactive chemicals (Mitragynine and 7-Hydroxymitragynine) and the plants that naturally contain these chemicals. The proposed ban was delayed in response to public outcry and was withdrawn in Oct 2016 pending further review. See DEA Moves to Ban Kratom and its Active Chemicals (but may back off).
As published in the Aug 31 2016 U.S. Federal Register, "the synthetic equivalents [of Mitragynine and 7-Hydroxymitragynine] as well as [...] naturally contained in the plant of the genus and species name: Mitragyna speciosa Korth, also known as kratom" are being temporarily placed in Schedule I. See The Federal Register 81 FR 59929. and Federal Register Vol. 81, No. 169 p. 59929 (thanks dk) The DEA withdrew their intent to control Mitragynine on October 13, 2016. See Federal Register: October 13 2016.
In January 2016, The FDA authorized US federal marshals to seize 90,000 bottles of supplements marked as containing kratom. See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm480344.htm.
In Feburary 2014, the FDA issued "Import Alert 54-15" that seems to provide customs and border agents broad authority to seize kratom products from a number of suppliers outside the US. As of May 2014, it is unknown whether this import alert has substantially altered the import of raw kratom or if only some specific products can no longer be imported as completed products. See http://www.accessdata.fda.gov/cms_ia/importalert_1137.html
One visitor reports that they had kratom seized by customs when shipped from outside the United States to their home in the US. (unconfirmed) (last updated Jun 23 2013)
On Aug 30, 2016 the DEA proposed emergency scheduling kratom's psychoactive chemicals (Mitragynine and 7-Hydroxymitragynine) and the plants that naturally contain these chemicals. The proposed ban was delayed in response to public outcry and was withdrawn in Oct 2016 pending further review. See DEA Moves to Ban Kratom and its Active Chemicals (but may back off).
As published in the Aug 31 2016 U.S. Federal Register, "the synthetic equivalents [of Mitragynine and 7-Hydroxymitragynine] as well as [...] naturally contained in the plant of the genus and species name: Mitragyna speciosa Korth, also known as kratom" are being temporarily placed in Schedule I. See The Federal Register 81 FR 59929. and Federal Register Vol. 81, No. 169 p. 59929 (thanks dk) The DEA withdrew their intent to control Mitragynine on October 13, 2016. See Federal Register: October 13 2016.
In January 2016, The FDA authorized US federal marshals to seize 90,000 bottles of supplements marked as containing kratom. See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm480344.htm.
In Feburary 2014, the FDA issued "Import Alert 54-15" that seems to provide customs and border agents broad authority to seize kratom products from a number of suppliers outside the US. As of May 2014, it is unknown whether this import alert has substantially altered the import of raw kratom or if only some specific products can no longer be imported as completed products. See http://www.accessdata.fda.gov/cms_ia/importalert_1137.html
One visitor reports that they had kratom seized by customs when shipped from outside the United States to their home in the US. (unconfirmed) (last updated Jun 23 2013)
U.S. STATE LAW #
Kratom has not been controlled in most states as of Aug 2016. Some states have pending legislation such as Massachusetts, Arizona, and possibly Vermont.
Arkansas #
Arkansas listed the chemicals Mirtagynine and 7-hydroxymitragynine under Schedule I in October 2015 (though the controlled substances list available on the state site has typo referring to Oct 2016), confusedly listed under "opium derivatives". The plant kratom is not explicitly mentioned. It is possible that the living plant and likely that dried kratom would be considered illegal containers of these chemicals. See Arkansas List of Controlled Substances, Oct 22, 2015, and related Arkansas Times article, May 2016. (thanks D) (last updated Aug 8 2016)
Indiana #
Indiana banned the chemicals Mirtagynine and 7-hydroxymitragynine in 2012, but the legal definition does not explicitly include the raw plant kratom. It is possible that the living plant and likely that dried kratom could be considered illegal containers of these chemicals. See http://www.in.gov/legislative/bills/2012/HE/HE1196.1.html. Some vendors are choosing not to ship kratom to Indiana and consider this a ban of the plant material as well. (thanks k) (last updated Apr 25, 2013)
Louisiana #
Louisiana banned the sale of Mitragyna speciosa to minors as of May 31, 2012. See http://legiscan.com/LA/text/SB130/id/651753. (thanks ip) (last updated Apr 25 2013)
Tennessee #
Tennessee made the chemicals mitragynine and hydroxymitragynine Schedule I, making them illegal to possess. The law does not specify whether the plant Kratom is illegal, putting the plant in a legal gray area. Once extracted and prepared for human consumption, plant extracts are likely illegal in TN. "Tennesse Code Annotated, Section 39-17-452(a)(2) is amened by adding the following language as new, appropriately designated subdivisions: Mitragynine and hydroxymitragynine." See TN Code 39-17-452(a)(2). (thanks gf, jj) (last updated Oct 27, 2013)
Vermont #
Vermont banned 7-hydroxymitragynine and it is assumed that this could make the plant and kratom products illegal. See http://healthvermont.gov/hc/med_board/documents/MinutesBoard12052012.pdf. (last updated Dec 14, 2015)
Wisconsin #
Wisconsin classified mitragynine and 7-hydroxymitragynine as a Schedule I Controlled Substances, making them illegal to possess, sell, or distribute without a license. We have not seen a clear ban of the plant itself. See https://docs.legis.wisconsin.gov/2013/related/acts/351#. (thanks ds) (last updated Dec 14 2015)
INTERNATIONAL LAW #
Austria #
We received a report in 2006 telling us kratom is legal in Austria. (unconfirmed) (thanks I)
Australia #
Both Mitragynine, one of the active chemicals in Kratom, and M. speciosa the plant were placed in Schedule 9 of the Australian SUSDP. See Mitragyning Scheduling and M. speciosa Scheduling.
Belgium #
Neither kratom (Mitragyna speciosa) nor mitragynine are included in the official list of controlled plants and drugs and are not controlled in Belgium. (thanks ve) (last updated Jan 26 2011)
Brazil #
Neither kratom (Mitragyna speciosa) nor mitragynine are included in the official list of controlled plants and drugs and are thus uncontrolled in Brazil. Leaves and extracts are sold by online vendors in Brazil and imported into Brazil. (unconfirmed) (thanks T) (last updated Jan 23 2010)
Canada #
Kratom and Mitragynine are not listed as controlled in Canada as of July 2018. (thanks anon) (last updated Jul 11 2018)
Denmark #
Kratom is controlled in Denmark as of March 13, 2009. See https://www.retsinformation.dk/Forms/R0710.aspx?id=123762. Previously, it was is sold in some retail shops (headshops). (thanks N,NL) (last updated April 2009)
Finland #
We received a report that kratom is now a controlled medicine in Finland and requires a prescription. (last updated Aug 2008) (unconfirmed) (thanks R)
Germany (Deutschland) #
Kratom is not listed in the BtMG, but is reportedly controlled as an unapproved pharmaceutical drug as of 2011, making it illegal to buy, sell, or import with penalties including fines and jail time. Previously, Kratom was sold by German vendors and personal imports were unregulated. (unconfirmed) (thanks rb) (last updated Jun 30 2011)
Greece #
Neither Kratom as plant or Mitragynine appear to be listed in Greece's controlled substances law: http://www.dsanet.gr/Epikairothta/Nomothesia/n3459_06.htm. (unconfirmed) (thanks gt) (last updated Apr 20 2011)
Hungary #
Kratom does not apper to be controlled as of May 2009 and kratom leaves and extracts can be purchased at headshops sold as incense. (thanks M) (last updated May 28, 2009)
Indonesia #
It is reported that Indonesia has banned kratom for export, but we believe that it is not illegal inside Indonesia. In 2013, one visitor reports that a vendor in Indonesia shipped them kratom into the US without any problem. Previously, another visitor tolds us that a "very reputable vendor" informed them that Indonesia has officially stopped exports of Kratom to the United States. (unconfirmed) (thanks s, t) (last updated Oct 21 2016)
Ireland #
Kratom is controlled in Ireland and is not sold in shops or from online stores. Ireland controlled the chemicals in Kratom and "any product whether natural or otherwise, including any plant or plant material" (thus the Kratom plant) in 2011. See http://www.irishstatutebook.ie/2011/en/si/0552.html "Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahy-droindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance." (thanks J) (last updated Sep 25 2014)
Israel #
Kratom (listed as Kratum, Mitragynine, and 7-HYdroxymitragynine) was controlled in November 2013 along with some other substances. See Nov 2013 Drug Law Update (last updated Jan 1 2013)
Italy #
We received a report in 2006 telling us kratom is legal in Italy. (unconfirmed) (thanks I)
Macau #
One Erowid visitor describes that they live in Macau and have repeated Kratom many times with Mitragyna listed on the customs content label and they believe it to be uncontrolled in Macau. (unconfirmed) (thanks DJ) (last updated Jul 21 2013)
Malaysia #
Kratom was made illegal without government license in Malaysia in August 2006. (unconfirmed) (thanks VS) (last updated Jun 2007)
Myanmar #
Kratom is illegal in Myanmar.
Netherlands #
As of Sep 2006, Kratom leaves are legally available in smartshops. (thanks C)
New Zealand #
Kratom (mitragyna speciosa) is listed in Schedule 1 of the Medicines Amendment Regulations 2009 (SR 2009/212), the list of "prescription, restricted, and pharmacy-only medicines", along with antibiotics and many other prescription drugs. It is not legal to sell Kratom without a license, though is probably not illegal to possess. Until 2009, Kratom was available and sold in some shops inside New Zealand. (thanks HP) (last updated jan 21 2010)
Romania #
Romania banned Salvia divinorum, Amanita muscaria, and kratom as of February 2010. Previously they were legal to sell, buy, and possess and were available in smartshops." See Balkan Insight Feb 10, 2010 (thanks DN) (last updated feb 28 2010)
Russia #
One visitor reports that kratom became illegal in Russia in October 2011. See page 3 of http://government.consultant.ru/page.aspx?1576335. (unconfirmed) (thanks s) (last updated Nov 19 2011)
Sweden #
Kratom is not controlled or illegal in Sweden. See SNPF.org. SNPF.org states that kratom is an herbal drug used as a substitute for opiates and that it is classified in Thailand, but not in Sweden. (thanks O) (last updated Jan 22 2010)
South Korea #
A visitor reports that Kratom is illegal in South Korea and, when they ordered Kratom from a foreign supplier, customs officials showed up and they were forced to attend 16 weekends of drug rehab to avoid jail time. (unconfirmed) (thanks K) (last updated Sep 19 2009)
Thailand #
Kratom is classified as Narcotic Level 5 in Thailand. This means it is illegal to buy, sell, import, or possess. Exceptions are made with permission from Minister of Public Health in accordance with approval from Office of the Narcotics Control Board.
United Kingdom #
Kratom leaf, powder, and extract are sold at headshops in the UK, and the plant is not listed in the Controlled Substances Act. It is expected that the Home Office will ban Kratom in 2016. (last updated Mar 17, 2016)
Switzerland #
Kratom as a plant is probably not illegal, but as of Oct 1 2017 Mitragynin and 7-Hydroxymitragynin have been classified as schedule A drugs (same schedule as fentanyl, heroin and cocaine) in Switzerland.. See https://www.admin.ch/opc/de/classified-compilation/20101220/index.html. (thanks TLT) (last updated Nov 29, 2017)
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER #
Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.
RELATED RESOURCES #
RELATED LINKS #
DEA Moves to Ban Kratom and its Active Chemicals - Sep 16, 2016