How Old Do You Have To Be To Buy Kratom? | Kratom Monkey

There is no federal minimum age requirement for purchasing kratom products. However, kratom is banned in some states, and others have imposed age restrictions. Counties, cities, towns, and parishes can also take action on kratom.

In this article, I will conduct an in-depth analysis of kratom age requirements in the United States. Keep reading to learn more about kratom law at the federal and state level and to get a glimpse of what the future may hold. These statements have not been evaluated by the Food and Drug Administration. The information in our articles are represented solely as the opinions of the respective authors, who do not claim to be medical professionals. We are not medical experts, just kratom enthusiasts.

Kratom is not regulated at the federal level, meaning there is no minimum age requirement to buy products. This may seem odd given that kratom alkaloids are potent substances and produce intense effects. But it speaks to how the federal government isn't sure what to do about the herb.

Kratom is still relatively new to the United States and has only recently become an area of concern to lawmakers. After first appearing in the late 1990s, it took until the 2010s for kratom to acquire mainstream attention. And this partially explains why there are so few laws in place.

In August 2016, the Drug Enforcement Administration (DEA) went public with plans to make kratom a Schedule I drug. However, the federal agency reversed its decision two months later in an unprecedented move. It is now 2023, and the federal government is yet to pass any kratom-related legislation. As crazy as it is, there is no federal law preventing any person of any age from buying kratom.

This situation is untenable in the long term. Even kratom's fiercest supporters agree that minors should not be allowed to purchase kratom-containing products. But until action is taken, kratom's completely unregulated status at the federal level will remain.

U.S. states can enact kratom legislation independently from the federal government. Six states have made the herb a controlled substance, and a few others have passed some form of regulation. Let’s start by listing the six states where kratom is illegal:

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

It does not matter how old you are, there is no legal way of buying kratom products in these states. Imposing a minimum age requirement for kratom purchases is a common feature of the Kratom Consumer Protection Act (KCPA). Here’s a list of the states that have passed the KCPA with the corresponding age requirements:

• Arizona - must be aged 18 or over
• Georgia - must be aged 18 or over
• Nevada - must be aged 18 or over
• Oklahoma - KCPA was passed without a minimum age requirement
• Utah - must be aged 18 or over

Some states have set a minimum age requirement without extensively regulating the kratom industry through the KCPA. Here’s what you need to know about these states:

• Illinois - must be aged 18 or over
• Minnesota - must be aged 18 or over
• New Hampshire - must be aged 18 or over
• South Dakota - must be aged 21 or over
• Tennessee - must be aged 21 or over

Next up, the states where kratom is legal and unregulated, with no age requirement for purchasing products:

• Alaska
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Hawaii
• Idaho
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Mississippi
• Missouri
• Montana
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• South Carolina
• Texas
• Virginia
• Washington
• West Virginia
• Wyoming

However, just because kratom is legal in a state does not mean it is legal everywhere in that state. Florida is a prime example of this, where kratom is permitted at the state level but prohibited in Sarasota County.

There are various situations like this throughout the country. Click here for an in-depth kratom of where kratom is legal in the U.S. Even a town or parish ban would override state law in the relevant jurisdiction. If kratom is banned in your area, you cannot use state or federal law as a get-out. 

Whatever happens to the U.S. kratom industry, I cannot foresee the status quo remaining forever. Kratom is too controversial and exists in too much of a gray area for federal and state lawmakers to do nothing. Inevitably, that could mean positive or negative things.

The worst-case scenario would be a federal kratom ban, although I think this is unlikely. The Drug Enforcement Administration (DEA) already tried this in 2016 but failed, thanks to the resistance of kratom activists.

But kratom’s supporters and concerned lawmakers might be able to agree on regulation. Indeed, pretty much everyone with an interest in kratom believes this herb is for adult use only. So, in theory, if the motivation is there, it should be possible to get a minimum age requirement passed.

Thus far, federal lawmakers haven’t got very far on kratom regulation - but things may be changing. A bipartisan kratom-related bill was brought to the Senate in late 2022. While it didn’t go anywhere, it is proof that D.C. is focusing more on Mitragyna speciosa. 

And if the federal government doesn’t act, expect more states to adopt independent positions on kratom. Recent headlines suggest that setting an age limit on the herb is becoming a growing priority for legislators. For instance, since March 2023, some Florida lawmakers have been working to pass the Kratom Consumer Protection Act. This would set the minimum age for purchasing and consuming kratom in the Sunshine State at 21.

As more states pass kratom-related legislation, others may feel confident enough to do the same. And they would not even necessarily require a comprehensive KCPA. States like South Dakota show it is possible to pass specific age-related legislation without regulating products.

I hope that answered your question about how old you need to be to buy kratom in the United States. With no federal regulations, it is up to states, counties, cities, and towns to decide what action - if any - to take on kratom. And that complicates things a little for the consumer.

But all the information is available. Check the law in your location before buying, and you will not encounter any issues!