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Policy & Legislative Tracker

Federal status, state-by-state bill tracking, regulatory developments, and analysis of proposed legislation. Maintained as a source for journalists, staffers, and researchers covering kratom policy.

Federal status

FDA

No approved use

The FDA has issued import alerts and has, at multiple points, advised the DEA to schedule kratom. Kratom is not FDA-approved for any therapeutic indication and may not be marketed with therapeutic claims.

DEA

Not scheduled

A 2016 intent-to-schedule notice was withdrawn after public and legislative pushback. Kratom remains unscheduled federally. State-level scheduling varies (see state tracker below).

HHS

Review pending

HHS has reviewed scheduling recommendations but has not issued a final recommendation at this time. Kratom remains unscheduled pending HHS finalisation.

State tracker (summary)

Interactive map

Banned statewide

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin

KCPA enacted

  • Arizona
  • Colorado
  • Georgia
  • Kentucky
  • Nevada
  • Oklahoma
  • Oregon
  • Texas
  • Utah
  • Virginia
  • West Virginia

Age-restricted

  • Illinois (18+)
  • Louisiana (18+)
  • New Hampshire (18+)
  • North Carolina (18+)
  • Tennessee (21+)

Local/county bans

  • California (San Diego)
  • Florida (Sarasota Co.)
  • Mississippi (Union Co.)
  • Illinois (Jerseyville)

This summary is a simplified view. For the canonical per-state status, including recent legislative movement, refer to the interactive state map linked above.

Analysis

Legislative Analysis·

The Kratom Consumer Protection Act: model text and state-by-state deviations

Kratom.com Editorial · Regulatory Affairs

Comparative legislative analysis, 2024 edition

The American Kratom Association (AKA) model KCPA text specifies age limits, labelling requirements, adulteration prohibitions, and alkaloid content caps. This brief compares the model to the enacted state versions and flags the 7-hydroxymitragynine cap variants that are most consequential for merchants.

Methodology·

How we track state-level kratom legislation

Internal methodology note

The inclusion criteria, data sources, and update cadence behind the state tracker. Notes where tracker data diverges from AKA and ACLU-reported figures and how those divergences are resolved.