Is Kratom Legal? Understanding Federal And State Laws (2026)

Kratom's Federal Legal Status

Is kratom legal at the federal level? The drug is not scheduled under the Controlled Substances Act. The FDA, however, has not approved kratom for any medical or therapeutic use. It is illegal to market the drug as a dietary supplement, conventional food additive or prescription drug.

There have been attempts to restrict 7-hydroxymitragynine (7-OH), which is a potent compound that kratom contains, and to categorize it as a Schedule I substance.

Kratom Legality by State

The legality of kratom has been left to the states.

Source: American Kratom Association

Why Some States Ban It

Numerous states ban the drug. That is because kratom side effects can be serious, with some people suffering heart and liver problems that put their lives at risk. Kratom lawsuits have also connected the drug to addiction risks because of its powerful opioid-like effects.

Additionally, because there are no federal regulations, it is impossible to know how strong the drug will be. This puts people further at risk.

States That Regulate Kratom Instead

Currently, 30 states, along with the District of Columbia, choose to regulate kratom instead of placing a statewide ban on the drug. Many of these states have passed a version of the Kratom Consumer Protection Act, which places age restrictions and requires product labeling.

Local City and County Bans

Even within states that don’t have sweeping kratom restrictions, there may be city and county bans. For instance, California hasn’t restricted kratom use, but cities like San Diego have banned the substance outright.

There have been local pushes for restrictions because of an increase in calls to poison control centers and a surge of products containing kratom that target minors.

How to Check Your State's Laws

You can check your state’s kratom laws by looking up your legislature’s active bill trackers or by consulting the official state Department of Public Health site.

Legal Does Not Mean Safe

You may assume that just because there are no federal bans on this substance and consuming it is legal in many states, it’s a safe product. That is not the case. The lack of standard regulations for monitoring the quality and strength of kratom makes it a dangerous product to consume.

Pursuing Compensation After Kratom Injuries

If you suffered losses because of kratom use in states that do not have restrictions on it, you could be entitled to seek compensation by filing a lawsuit. At ConsumerShield, we can assist you by connecting you with an attorney in your area. Contact us to learn more about your options.