Kratom comes with a lot of complicated legalities that can make this a difficult question to answer. Kratom is not illegal on a federal level technically, as it is an herb and unregulated. However, states have dictated their own laws as to whether it is legal at all and the age to purchase. This makes the question “How old do you have to be to buy Kratom” an answer that depends on where you live.
Kratom and Federal Laws
The federal government does not have any laws regarding Kratom and its use or sale. This means that on a federal level, it is technically legal for any adult to purchase Kratom.
Since there are no federal regulations placed on Kratom, there aren’t any governing bodies, like the FDA, the vendors of the herb can manipulate their products. This means that some vendors can add other substances like adulterants or drugs. As a consumer, you should be aware and pay close attention to where you get Kratom from.
Kratom is not listed as a scheduled substance by the DEA (Drug Enforcement Agency). It has not been listed as a substance requiring control or a prescription at this time. This means that the laws around it come down to the local states and areas. The DEA has historically attempted to classify it as a Schedule 1 controlled substance. This means that it is completely illegal to purchase, possess, and even for studies to be conducted about their use.
Kratom has been left unmarked by the DEA. It is known to be a popular herb, with a strong lobby to allow its continued use. Scientists are also studying the benefits of the plant as an alternative to more dangerous prescription drugs.
Kratom and State Laws
Kratom is regulated at the state level. Each state has its own laws and regulations. Below you will find each state, the current legal age to purchase Kratom (if applicable), and pending laws regarding its use and purchase.
Alabama
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Not Applicable
- Pending Laws: None
Alaska
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions*
- Pending laws: None
Arizona
- Current Legal Status: Legal. Protected by the Kratom Consumer Protection Act in 2009.
- Age for Purchase: 18
- Pending Legislation: None
Arkansas
- Current Legal Status: Schedule 1 Controlled Substance
- Age for Purchase: Not applicable
- Pending Laws: None
California
- Current Legal Status: Legal throughout the state except in the City of San Diego
- Age for Purchase: No age restrictions
- Pending Laws: None
Colorado
- Current Legal Status: Legal and unregulated EXCEPT in the towns of Monument and Parker and labeled not for human consumption in Denver.
- Age for Purchase: No age restrictions
- Pending Laws: None
Connecticut
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Delaware
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Florida
- Current Legal Status: Legal and unregulated everywhere EXCEPT in Sarasota county
- Age for Purchase: No age restrictions
- Pending Laws: None
Georgia
- Current Legal Status: Protected by the Kratom Consumer Protection Act passed in 2019
- Age for Purchase: 18
- Pending Laws: None
Hawaii
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Idaho
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Illinois
- Current Legal Status: Legal and unregulated EXCEPT in Jerseyville
- Age for Purchase: No age restrictions
- Pending Laws: None
Indiana
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Not applicable
- Pending Laws: None
Iowa
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Kansas
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Kentucky
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There was a recent attempt to classify Kratom as a Schedule 1 controlled substance that failed.
Louisiana
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There is a current Bill in the House of Representatives to classify Kratom as a Schedule 1 controlled substance that failed.
Maine
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There was a bill regulating synthetic drugs, however, Kratom was removed from the bill.
Maryland
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Massachusetts
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Michigan
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There was a recent bill to ban Kratom but it has died
Minnesota
- Current Legal Status: Legal with some regulations in place
- Age for Purchase: No age restrictions
- Pending Laws: None
Mississippi
- Current Legal Status: Legal and unregulated everywhere EXCEPT it is banned in Union County and the city of Columbus
- Age for Purchase: No age restrictions
- Pending Laws: A recent bill to classify Kratom as a Schedule 1 substance has died
Missouri
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Montana
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Nebraska
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Nevada
- Current Legal Status: Protected by the Kratom Consumer Protection Act in 2019
- Age for Purchase: 18
- Pending Laws: The state pharmacy board has submitted legislation to ban the sale of Kratom.
New Hampshire
- Current Legal Status: Legal with some regulations
- Age for Purchase: 18
- Pending Laws: None
New Jersey
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
New Mexico
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
New York
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
North Carolina
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
North Dakota
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Ohio
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: The Ohio Board of Pharmacy is currently pursuing a ban.
Oklahoma
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There is a consideration to pass the Kratom Consumer Protection Act
Oregon
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: There are studies underway to decide if Kratom should be a Schedule 1 controlled substance
Pennsylvania
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Rhode Island
- Current Legal Status: Schedule 1 Controlled Substance
- Age for Purchase: Not applicable
- Pending Laws: None
South Carolina
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
South Dakota
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Tennessee
- Current Legal Status: Legal with some regulations
- Age for Purchase: 21
- Pending Laws: None
Texas
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Utah
- Current Legal Status: This is protected under the Kratom Consumer Protection Act that was passed in 2019.
- Age for Purchase: 18
- Pending Laws: None
Vermont
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Not applicable
- Pending Laws: None
Virginia
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Washington
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
West Virginia
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: A bill has been introduced to make Kratom illegal
Wisconsin
- Current Legal Status: Schedule 1 controlled substance
- Age for Purchase: Not applicable
- Pending Laws: None
Wyoming
- Current Legal Status: Legal and unregulated
- Age for Purchase: No age restrictions
- Pending Laws: None
Final Food for Thought
How old do you have to be to buy Kratom? – It depends, where you live. While most states either have a set guideline, some do not. This means technically a minor could purchase Kratom at a shop unless they have a store policy stating otherwise (which is common- most stores require you to be 18 to make purchases). The age to purchase Kratom can vary and the legality of it also changes from state to state. Before you purchase or attempt to, you should be aware of what is allowed where you live.
