Is Kratom Legal in Alabama? [2023 Update]

Spoiler alert: kratom is illegal in Alabama. I am sorry to be the bearer of bad news. But why is kratom illegal in the state, how long has this been in the case, and what might the future hold? These are all questions any curious kratom fan should have.

If you live in Alabama, plan on visiting or passing through soon, or want to learn more, keep reading. 

Kratom was made illegal in Alabama in May 2016 after Governor Robert Bentley signed Senate Bill 226. Alabama was the sixth U.S. state to ban kratom. But what does the law actually say?

SB226 (2016) concentrates on the primary active alkaloids within kratom - mitragynine and hydroxymitragynine. The bill added these two substances to Alabama’s controlled substances list via an amendment to 20-2-23(4)(a) of the Code of Alabama.

Technically, the law does not cite kratom by name. Instead, it references the two alkaloids we just mentioned. However, since kratom is not kratom without these compounds, the bill effectively amounted to a de facto kratom ban.

Until that time, Alabama had an emerging kratom market. You could purchase powder, capsules, and other kratom-containing products in gas stations, convenience stores, and other shops. But SB226 brought the burgeoning industry to an immediate halt.

The decision to make kratom illegal in Alabama caused frustration and fury among activists, not least because of the text in the bill. The state describes mitragynine and hydroxymitragynine as synthetic substances. But this is an inaccurate definition! Synthetic kratom alkaloids do exist, but so do natural kratom alkaloids! The Mitragyna Speciosa plant creates such alkaloids naturally. Describing naturally-derived mitragynine and hydroxymitragynine as synthetic is absurd, but that is the reality of the situation.

Kratom supporters in Alabama have petitioned the state’s legislature in a bid to get SB226 repealed. This Change.org petition in 2017 had 976 supporters. Unfortunately, no efforts to reverse the kratom ban have been close to successful.

Alabama classifies mitragynine and hydroxymitragynine as Schedule I substances, the most restrictive category for controlled substances. It is illegal to buy, possess, or sell products containing kratom alkaloids within the state.

And Alabama does not take this slightly. Possession of kratom in Alabama is a Class C felony, carrying a potential penalty of 1 to 10 years imprisonment and a $15000 fine.

Continued violation of the law carries even harsher penalties, with between 2 to 20 years imprisonment and up to a $30,000 fine possible for repeat offenders.

We don’t mean to scare you! But it is vital to understand how substantially Alabama’s kratom laws differ from much of the country’s. Do not assume Alabaman authorities will take a lenient view just because kratom is legal in a neighboring state.

Indeed, a 2019 story of a man arrested in Alabama for trafficking kratom shows the risk is all too real. The man was transporting kratom from Louisiana to Florida, only to be stopped by authorities in Baldwin County.

Those caught selling kratom in Alabama face even harsher penalties. 

Right now, the outlook for kratom in Alabama is bleak. Unless compelling scientific research emerges in kratom's favor, it is hard to see what would convince the state to reverse its stance.

But we look for reasons to be optimistic at Kratom Monkey! With millions of Americans using and getting great results from kratom, the incentive to research the substance is there.

Part of the reason why some states have banned kratom is that there are still so many unknowns. The substance emerged in the western world in the 1990s and has soared in popularity, but the scientific evidence is still limited.

Breakthroughs in kratom research may give Alabama lawmakers pause for thought. For example, the state now has a medical marijuana program, something many people never expected to happen. As the facts change, so might the law. But that could be years away.

Legislative changes at the federal level may impact how Alabama views kratom. For instance, if the federal government ever passes a consumer protection act related to kratom, that might inspire a change in Alabama.

But that would require a lot of coulds, mights, and maybes to come to fruition. And at the moment, we cannot see it happening.

Find out more about the federal government’s relationship with kratom in this comprehensive guide.

Technically speaking, the kratom plant is not prohibited. But by outlawing the mitragynine and hydroxymitragynine alkaloids, kratom is illegal in Alabama for all practical purposes.

I know it is frustrating. Not being able to visit or pass through Alabama with kratom is annoying enough. I can only imagine how the state’s residents feel. Kratom has been illegal in the southern state for nearly seven years. And sadly, that appears unlikely to change anytime soon.