Is Kratom Legal in Hawaii? [2023 Update]

Kratom legality is a pressing issue, with the federal government and many states taking an interest in the substance. While legal and unregulated on a national level, some states are treading an independent path. So, is kratom legal in Hawaii?

It is! Kratom is legal throughout Hawaii, confirming it really is the Paradise of the Pacific for kratom users! But how did the Aloha State get to its current position, and is there any danger that state lawmakers could clamp down on kratom? Let’s find out.

Holidaying in Hawaii is among my favorite things - and the easy access to kratom makes it an even better destination! As such, I am familiar with how the state works and the various viewpoints on kratom among lawmakers. In other words, you can trust what I say! 

Kratom is not a controlled substance in Hawaii, hence why it is legal! With no restrictions on the plant or its alkaloids, the manufacture, possession, sale, purchase, and use of kratom are all permitted in Hawaii.

However, the industry still has a Wild West feel. There is no Kratom Consumer Protection Act or other forms of regulation. Be careful about who you shop with and which brands you choose.

We should not take kratom’s legality in Hawaii for granted! Since the plant went mainstream a few years ago, multiple bills have been introduced to restrict access to kratom.

For example, legislators tried linking kratom to impaired driving and a risk to highway safety, notably with SB2826 in 2018 and SB641 in 2019. Neither bill passed, but it put kratom on the radar in the Aloha State.

In 2020, a much bigger threat came to Hawaii’s kratom industry with Senate Bill 3064 (SB3064). The bill intended to make mitragynine and 7-hydroxymitragynine - the two main alkaloids in kratom - Schedule V substances.

Schedule V might not sound as scary as Schedule I, but it still would have devastated the state’s kratom industry. If the bill passed, kratom would only have been accessible via a doctor. Since kratom has no approved medical use, SB3064 may as well have been a direct ban.

Thankfully, there was no reason to panic. SB3064 died in the Senate four days after its introduction. But activists remain wary of those who want to strictly regulate kratom or make it a controlled substance. If it has happened before, it could happen again.

Lawmakers have also considered market regulation with the Kratom Consumer Protection Act. In January 2022, Rep. Scott Saiki (D) introduced Hawaii House Bill 2356 (HI HB2356) to the House. Sen. Ronald Kouchi (D) introduced an identical bill to the Senate (HI SB3307).

The proposed legislation would have regulated Hawaii’s kratom market similarly to other states. HB2356 / SB3307 concentrated on the following areas:

• Capping 7-hydroxymitragynine levels at 2% of the overall alkaloid content

• Banning kratom products adulterated with non-kratom substances

• Requiring a full ingredients list for all kratom-containing products

• Banning products containing synthetic kratom compounds

• Prohibiting the sale and transfer of kratom products to persons aged under 18

The Hawaii KCPA listed multiple penalties for violations of the act. These increase in severity with repeated offenses.

• First offense: maximum fine of $500

• Second offense: maximum fine of $1000

• Subsequent offenses: vendor prohibited from selling kratom products for three years

I think these sounded like sensible suggestions! Not to mention, the American Kratom Association (AKA) also argues for states to pass the KCPA. Had it passed, the Hawaii KCPA would have become effective on January 1, 2023.

However, HB2356 died quickly in the House Health, Human Services, & Homeless Committee. No lawmakers have brought the KCPA to the Hawaii State Legislature since. 

I don’t think Hawaii will ban kratom anytime soon. We haven’t seen a prohibition effort since 2020. If anything, the state seems to be looking at regulating and cleaning up the market.

But whether the state will get the KCPA passed is another matter. And the longer the kratom industry stays unregulated, the greater the risk of an incident that gives the plant a bad name.

Furthermore, scientists have done little research into kratom, as yet. Future scientific evidence could have various impacts. In theory, lawmakers might ban kratom, restrict access to prescription only, or propose regulating it. We just don’t know yet.

The federal government could also impact what happens in Hawaii. After all, the Drug Enforcement Administration (DEA) planned on making kratom a Schedule I substance in 2016.

D.C. has stayed quiet on kratom lately but could go in a couple of directions. I would prefer to see a federal Kratom Consumer Protection Act. Not least because some worry the DEA could move to make kratom a controlled substance again.

Keen to learn more about kratom at the federal level? Click here. 

Perhaps you live in Hawaii, or maybe you are holidaying there! It doesn’t matter - Hawaiians and non-citizens can legally buy kratom in the Aloha State. But how easy is it, what must you consider, and is it worth purchasing from a brick-and-mortar store?

Buying kratom in Hawaii requires some research given the unregulated state of the industry. Manufacturers and vendors aren’t under duress to be transparent about products. So, you need to ensure you are getting genuine kratom with some form of independent approval.

I recommend sticking with third-party-tested kratom products. You are more likely to find these at a specialist kratom store than at a gas station. Sadly, brick-and-mortar stores often charge eye-watering prices. Therefore, buying online is often a better bet.

Of course, if buying online, you might have to wait a while for your order to ship if it’s coming from the U.S. mainland. If that doesn’t suit your circumstances, purchasing in person from a physical vendor is the best solution. Here are three places where you can buy kratom in Hawaii.

Hawaii Kratom Smoke Shop - Ala Moana

560 Pensacola St Unit 104, Honolulu, HI 96814

Irie Hawaii Smoke & Vape Shop Kona

75-5629 Kuakini Hwy i, Kailua-Kona, HI 96740

Hawaii Kratom THC & Smoke Shop

813 Kapahulu Ave, Honolulu, HI 96816

It is all systems go for kratom in Hawaii! The industry is flourishing, and kratom is sold throughout the state. I am optimistic that kratom will stay legal there, but would be more confident if lawmakers pass the Kratom Consumer Protection Act.