Kratom is not regulated on a federal level, which means that the age you have to be 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?” 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 it is not regulated. This is much different than being considered an officially legal supplement by the law. Since there is no federal law on the books, technically anyone of any age can buy kratom.
There is also no regulation on the supply of kratom. That means sellers can sell supply cut with adulterants or other drugs, which ultimately puts the consumer at more risk than if it was a federally regulated market.
The DEA tried to get kratom classified as a schedule 1 drug back in 2016. They claimed it was being marketed as a legal alternative to opioid-like substances, and that it was actually a harmful substance attributed to 91 overdose deaths.
The DEA was overwhelmed by the pushback from the kratom community. The community raised a couple of key issues that ultimately made the DEA halt their efforts. The first was from users themselves, who were outraged about the prospect of becoming criminals virtually overnight just for using an herbal remedy. Possession of a 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. If kratom was scheduled in this class, they would have to halt their research on the plant’s alkaloids. The scientists also called out the bias in the DEA’s death data. Of the 91 overdose deaths attributed to kratom, all had at least one narcotic proven to cause death by overdose in their system. Therefore, it was misleading to present kratom as the primary cause of death in these cases.
The DEA has essentially abandoned these efforts and has left the state, county, and city governments to make their own kratom laws. Let’s go state by state, define kratom’s legal status, and see how old you have to be to make a 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 that gives you the following information: Current Legal Status, Age for Purchase, and Pending Legislation.
Alabama
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
Alaska
- Current Legal Status: Legal, but unregulated
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Arizona
- Current Legal Status: Passed the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Legislation: None
Arkansas
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
California
- Current Legal Status: Legal, but banned in the city of San Diego
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Colorado
- Current Legal Status: Banned in the towns of Monument and Parker. Labeled not for human consumption in Denver. Legal and unregulated everywhere else.
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Connecticut
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Delaware
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Florida
- Current Legal Status: Banned in Sarasota county, legal and unregulated everywhere else
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Georgia
- Current Legal Status: Kratom Consumer Protection Act passed in 2019
- Age for Purchase: 18
- Pending Legislation: None
Hawaii
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Idaho
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Illinois
- Current Legal Status: Illegal in Jerseyville, legal and regulated everywhere else
- Age for Purchase: 18
- Pending Legislation: None
Indiana
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
Iowa
- Current Legal Status: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Legislation: Recent legislation to classify kratom as a schedule 1 substance failed
Kansas
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Recent legislation to classify kratom as a schedule 1 substance failed
Kentucky
- Current Legal Status: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Legislation: Recent legislation to classify kratom as a schedule 1 substance failed
Louisiana
- Current Legal Status: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Legislation: Bill on the house floor to study kratom as a potential controlled substance
Maine
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Kratom was removed from a bill regulating synthetic drugs
Maryland
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Massachusetts
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Michigan
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Recent bill to ban kratom has died
Minnesota
- Current Legal Status: Legal with some regulations
- Age for Purchase: 18
- Pending Legislation: None
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: Recent bill to make kratom a schedule 1 substance has died
Missouri
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Montana
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Nebraska
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Nevada
- Current 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 Hampshire
- Current Legal Status: Legal with some regulations
- Age for Purchase: 18
- Pending Legislation: None
New Jersey
- Current Legal Status: Legal and unregulated
- Age for Purchase: No official age restrictions
- Pending Legislation: A motion to ban kratom is currently in committee
New Mexico
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
New York
- Current Legal Status: Legal with some regulations
- Age for Purchase: 18
- Pending Legislation: Currently an active bill in the state senate to ban kratom
North Carolina
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
North Dakota
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Ohio
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Ohio board of Pharmacy is currently recommending a ban
Oklahoma
- Current 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
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Currently studying kratom to see if it should be a controlled substance
Pennsylvania
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Rhode Island
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
South Carolina
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
South Dakota
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Tennessee
- Current Legal Status: Legal with some regulations
- Age for Purchase: 21
- Pending Legislation: None
Texas
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Utah
- Current Legal Status: Passed the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Legislation: None
Vermont
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
Virginia
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Washington
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
West Virginia
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: Bill has been introduced to make it illegal
Wisconsin
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: N/A
- Pending Legislation: None
Wyoming
- Current Legal Status: Legal with no regulations
- Age for Purchase: No official age restrictions
- Pending Legislation: None
Final Note
As you can see, several states have no official age restrictions when it comes to purchasing kratom. This means a minor could go into a service station that offers kratom and buy it. Some businesses, like smoke shops, may still require customers to be the same age they have to 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.