Kratom is not regulated on a federal level, meaning the age to buy kratom varies from state to state. It can even vary in counties and cities within a state. In some states, it is illegal to buy it at all. So, “How old do you have to be to buy kratom?” It is a question with many answers. Let’s take a deeper look at age restrictions across the nation.
Is Kratom Legal Federally?
Kratom is technically legal on the federal level but not regulated. This is much different than being considered an officially legal supplement by the rule. Since there is no federal regulation, anyone of any age can buy kratom.
There is also no regulation on the supply of kratom. That means sellers can sell supply cuts with contaminants or other drugs, which ultimately puts the consumer at more risk than if it were a federally regulated market.
The DEA attempted to get kratom classified as a Schedule 1 drug back in 2016.
The DEA was overwhelmed by the pushback from the kratom community. The community raised some key issues that ultimately made the DEA halt its efforts. The first was from users, who were outraged about the prospect of becoming criminals virtually overnight just for using an herbal remedy. Regulating a product that is classified as Schedule 1 substance is a guaranteed misdemeanor and possible felony.
The second was from scientists. Schedule 1 drugs are considered to have no beneficial value. This means scientists can’t study Schedule 1 substances to determine if there are any therapeutic effects. In the DEA's death data, all 91 kratom-related overdose deaths involved at least one narcotic known to cause deaths due to overdosing. Therefore, presenting kratom as the primary cause of death in these cases was misleading.
The DEA has essentially abandoned these efforts and has left the state, county, and city governments to make their kratom laws. Let’s state by state, define kratom’s legal status, and see how old you must be to purchase.
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How Old Do You Have to Be to Buy Kratom?
Below is a list of the states in alphabetical order. Each state has a section with the following information: recent legal status, legal age for purchase, and pending legislations.
Alabama
- Present Lawful Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Ruling: None
Alaska
- Present Lawful Status: Legal but unregulated
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Arizona
- Existing Lawful Status: Passed the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Ruling: None
Arkansas
- Present Lawful Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Ruling: None
California
- Existing Lawful Status: Legal, but banned in the city of San Diego
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Colorado
- Existing legal Status: Prohibited in the villages of Monument and Parker. Tagged not for human consumption in Denver. Legal and unregulated around others.
- Age for Investment: No official age restrictions
- Pending Ruling: None
Connecticut
- Existing Lawful Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Delaware
- Current Lawful Position: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Florida
- Existing Lawful Status: Restricted in Sarasota County, legal and unregulated everywhere else
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Georgia
- Existing Lawful Status: Kratom Consumer Protection Act passed in 2019
- Age for Investment: 18
- Pending Ruling: None
Hawaii
- Existing legal Status: Legal with no regulations
- Age for Purchase: No age limitations
- Pending Ruling: None
Idaho
- Present Legal Situation: Legal with no regulations
- Age for Investment: No official age restrictions
- Pending Ruling: None
Illinois
- Recent legal Status: Illegal in Jerseyville, legal and restricted usage at every place
- Age for Purchase: 18
- Pending Ruling: None
Indiana
- Present legal Status: Schedule 1 controlled substance.
- Age for Purchase: N/A
- Pending Ruling: None
Iowa
- Present Legal Status: Legal and unregulated.
- Age for Acquisition: No official age restrictions
- Pending Ruling: Recent legislation to classify kratom as a Schedule 1 substance failed
Kansas
- Existing legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: Recent legislation to classify kratom as a Schedule 1 substance failed
Kentucky
- Present Legal Position: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Ruling: Recent legislation to classify kratom as a Schedule 1 substance failed
Louisiana
- Present Legal Position: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Ruling: A bill on the house floor for studying kratom.
Maine
- Existing Legal Position: Legal with no regulations
- Age for Purchase: No official age restrictions
- Uncertain Legislation: Kratom was removed from a bill handling synthetic drugs
Maryland
- Current legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Massachusetts
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Michigan
- Current Legal Status: Permitted with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: A recent bill to ban kratom has died
Mississippi
- Current Legal Status: Banned in Union County and the city of Columbus, legal everywhere else
- Age for Purchase: No official age restrictions
- Pending Legislation: The current bill to make kratom a Schedule 1 substance has died
Missouri
- Existing Legal Position: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Montana
- Present legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Decree: None
Nevada
- Present legal Status: Passed the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Legislation: Nevada pharmacy board has submitted a proposal for a kratom ban
New Jersey
- Present legal Status: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Ruling: A move to ban kratom is presently in committee.
New Mexico
- Present legal Status: Legal with no rules
- Age for Purchase: No official age restrictions
- Pending Ruling: None
New York
- Present legal Status: Legal with some restrictions
- Age for Purchase: 18
- Uncertain Legislation: Currently, an active bill in the state senate to ban kratom
North Carolina
- Present legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
North Dakota
- Present Permitted Situation: Permitted with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Oklahoma
- Existing legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Currently considering passage of the Kratom Consumer Protection Act
Oregon
- Present legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: Currently examining kratom
Rhode Island
- Current Legal Status: Illegal
- Age for Purchase: N/A
- Pending Ruling: None
South Carolina
- Existing legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Ruling: None
Tennessee
- Present legal Status: Permitted with some restrictions.
- Age for Purchase: 21
- Pending Legislation: None
Texas
- Present Legal Position: Permitted with no regulations
- Age for Purchase: No official age restrictions
- Pending Decree: None
Utah
- Current Legal Status: Passed the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Decree: None
Vermont
- Existing legal Status: Illegal
- Age for Purchase: N/A
- Pending Ruling: None
Virginia
- Current Legal Status: Legal with no regulations
- Age for Purchase: No age limitations
West Virginia
- Present legal Status: Legal with no regulations.
- Age for Purchase: No age limitations
- Pending Legislation: A Bill has been introduced to make it illegal
Wisconsin
- Present legal Status: Illegal
- Age for Purchase: N/A
- Pending Ruling: None
Final Note
As you can see, several states have no age limitations when buying kratom. This means a minor could go into a service station that offers kratom and buy it. Some businesses, like smoking shops, may still require customers to be the same age they must be to purchase tobacco products in their state. All of the state information above came from Speciosa.org, and you should check with them or the American Kratom Association for Kratom Legality News in your state.
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