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.

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Written by Nimesh D

Updated on January 23rd, 2023