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U.S. kratom law is often confusing and complex, with states taking vastly different approaches. What may be legal in one state could be criminalized next door. But is kratom legal in Arkansas?
I am sad to say that kratom has been illegal in Arkansas since 2015. This is devastating for all those in the state who need access to legal, high-quality kratom products. With three million people in Arkansas, there would likely be tens of thousands of users.
How did Arkansas come to this decision, and could they reverse it at some stage? Let's find out.
When was Kratom Banned in Arkansas?
Arkansas authorities made kratom illegal in October 2015, prohibiting the purchase, possession, and sale of the plant. Mitragynine and 7-hydroxymitragynine, kratom’s two most abundant alkaloids, were added to the state’s List of Controlled Substances as Schedule 1 drugs.
A document from the Department of Health, Center for Health Protection referenced the opiate agonist action of mitragynine. The recommendation was to make mitragynine a Schedule 1 drug since the alkaloid has no medical use approved by the Food and Drug Administration.
The same applies to 7-hydroxymitragynine, a more potent component of Mitragyna Speciosa than mitragynine. Instead of banning “kratom,” Arkansas concentrates its legislation on what it considers the most dangerous part of the plant.
As of 2023, there has been no change to kratom’s prohibited status in the Natural State. Given Arkansas’ nickname, it is hypocritical that the authorities would ban natural substances doing so much good.
Kratom activists have attempted to organize and force a change of heart in the state, but with no joy. A Change.org petition to legalize kratom in Arkansas received more than 1,000 signatures, demonstrating the appetite for the substance in the state.
Drug laws in Arkansas apply to citizens, visitors, and even those passing through. Bear this in mind when traveling in the area, especially if you are in a neighboring state where kratom is allowed.
Unwittingly crossing the border and getting caught could have devastating consequences.
Punishments for Violating Kratom Law in Arkansas
Not only is kratom banned in Arkansas, but violating the law comes with particularly draconian punishments. Possession penalties for this Schedule 1 drug range from a class D to a class B felony, depending on the severity of the crime.
Class D Felony: possession of fewer than 2 grams up to 6 years in prison and up to $10,000 fine)
Class C Felony: possession of 2 to 28 grams (3 to 10 years in prison and up to $10,000 fine)
Class B Felony: possession of 28 to 100 grams (5 to 20 years in prison and up $15,000 fine)
However, the punishment is even greater if caught with kratom in certain areas. If convicted of a Class C felony or higher, an additional 10 years imprisonment is possible if you are caught within 1,000 feet of the following places:
City or state park
Daycare center
Drug or alcohol treatment center
Place of worship
Public housing project
School, college, or university campus
School bus stop
Shelter
Furthermore, Arkansas considers possession of more than 200 grams of kratom as trafficking, a class Y felony. In Arkansas, class Y felonies carry a minimum jail sentence of 10 years. Yes, possession of a relatively minor amount of kratom can get you put away for more than a decade!
Don’t assume these steep punishments are merely in place to scare you. There are several examples of Arkansas enforcing its strict kratom laws.
In 2022, a man found guilty of trafficking kratom in Arkansas was sentenced to 10 years in prison. The man was searched as part of a routine traffic stop, a warning sign that this can happen to anyone. It just isn’t worth taking a risk with kratom in Arkansas.
Will Arkansas Ever Legalize Kratom?
Never say never, but the prospects are not promising for kratom advocates in Arkansas right now. With such steep, life-changing punishments for activities that are legal elsewhere, the state doesn’t have much perspective when it comes to drugs.
In addition, there is no visible public movement to legalize kratom in Arkansas. The American Kratom Association (AKA) pushes for a regulated kratom market for all Americans. But we have seen few advocacy efforts in Arkansas.
An unlikely but viable solution in Arkansas would be to pass the Kratom Consumer Protection Act (KCPA). Backed by the AKA, the KCPA would allow for a regulated kratom market in Arkansas and perhaps quell the fears of concerned lawmakers. But don’t count on it.
Kratom's Federal Future
A policy change at the federal level could affect kratom’s legal status in Arkansas. I am thinking about nationwide regulation, whether that be the KCPA or something else.
There is some good news: the recent introduction of the Federal Clarity for Kratom Consumers Act shows bipartisan support for kratom in Congress.
