Legality

Is Kratom Legal in Idaho? [2023 Update]

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Feb 7, 2023

Don’t take it for granted that kratom is legal in your state simply because it is permitted at the federal level. States have the power to form independent laws, and several have taken that opportunity. So, is kratom legal in Idaho?


Yes, kratom is legal to buy and sell in Idaho, as the state government website makes clear. As of February 2023, Idaho does not regulate kratom. The state has no plans to classify kratom as a controlled substance or pass the Kratom Consumer Protection Act.


Has Idaho ever explored banning the substance? Will kratom stay legal? Where is the best place to buy kratom in Idaho? You are on the right page if curious about any of these questions. I will cover all of that and more in this article.

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.

Idaho does not list kratom (or any kratom compounds) as a controlled substance. In the Gem State, a drug is legal if it is not a controlled substance!


This legal status applies to all aspects of kratom. Processors can manufacture products, stores can sell them, and customers can purchase, possess, and use them.


In addition, no Idaho regions have adopted a different stance from the state government. For example, kratom is legal in Florida but banned in Sarasota County. But none of these awkward legal situations arise in Idaho. Kratom is permitted everywhere!


Idaho shares a border with six U.S. states: Arizona, Montana, Oregon, Utah, Washington, and Wyoming. Kratom is legal in all of them. So, there is no need to worry if traveling across state lines.

History of Kratom Law in Idaho

Kratom has rarely appeared in the Idaho Legislature. Lawmakers in several states have introduced bills to make kratom a controlled substance. Six efforts have succeeded, while many more have fallen short. But no legislators have even tried banning kratom in Idaho.


In fact, the only kratom-related bill I could find in Idaho was an attempt to regulate the industry. Let’s take a closer look.

Idaho Kratom Consumer Protection Act

In February 2020, the House Ways and Means Committee sponsored Idaho House Bill 567 (ID H0567). This was effectively Idaho’s effort to explore the Kratom Consumer Protection Act (KCPA). The act would have officially been known as the Kratom Truth in Labeling Act.


Unfortunately, ID H0567 was referred to the Agricultural Affairs Committee soon after it was introduced. The bill got stuck there and died. Idaho has not looked at passing the KCPA since.


An increasing number of states are considering the KCPA, which is already effective in places like Arizona, Georgia, and Utah. But what would it do for Idaho’s kratom industry, and why is it important?

How the Kratom Consumer Protection Act Could Benefit Idaho

Let’s pick out the key elements of ID H0567. Had it passed, the following would have been legal requirements in Idaho:


  • Vendors selling kratom products must pay a $250 registration fee to the Idaho Department of Agriculture

  • Vendors must state on the registration form that their products do not contain controlled substances

  • All products offered for sale must have a certificate of analysis (COA) from an independent third-party laboratory

  • 7-hydroxymitragynine (7-HMG) levels must make up less than 2% of a product’s alkaloid fraction

  • Products offered for sale must test negative for salmonella, E. coli, and various heavy metals

  • Vendors must not knowingly sell, offer to sell, or expose products to individuals under 21 years of age

Vendors in violation of the act would have been subject to administrative fines. Some of these fines would have increased with multiple offenses. Ultimately, the bill proposed light-touch but sensible regulations to promote industry compliance and protect Idahoan kratom users.


These regulations were about getting fake, contaminated, and low-quality kratom products off the market. This is in everybody’s interest - nobody wants a repeat of the 2018 salmonella outbreak. It is no wonder that the KCPA has the American Kratom Association’s backing.


Research shows that the kratom exposure rate in Idaho is among the highest in the U.S. Therefore, the Gem State would benefit more from industry regulation than anywhere else. Knowing this, it is strange to see a lack of urgency toward passing the KCPA.

Will Idaho Keep Kratom Legal?

I expect kratom to remain legal in Idaho. Given its popularity, any bid to ban the substance would be met with stern pushback. And since none of the state’s senators or House representatives have even attempted to make kratom illegal, there seems to be no political will to do so.


That said, the longer the Idaho market stays unregulated, the more chance there is of something going wrong. It doesn’t need to be kratom’s fault. If a batch of contaminated products goes on sale and causes sickness or worse, lawmakers could have a knee-jerk reaction.


However, the risk to legal kratom in Idaho is likely low, especially in terms of state law.

Kratom and the Federal Law

The bigger threat to the Gem State’s kratom industry could come from the federal government. Multiple federal agencies, including the DEA and FDA, are not keen on kratom. Indeed, the DEA once wanted to classify kratom as a Schedule I drug.


I hope those prohibition plans are in the past and the federal government explores regulation instead. A bill like the Federal Clarity for Kratom Consumers Act could change Idaho's kratom market for the better.


Want to learn more about federal kratom law? Click here.

Where to Buy Kratom Products in Idaho?

Idaho has a thriving kratom market, with products sold in botanical stores, tobacco shops, gas stations, convenience stores, and more. You can buy kratom online, too. With no market regulation, any vendor can start selling kratom. But that isn’t necessarily a good thing.


Wherever you shop, make sure you buy from a reputable vendor. There are sketchy retailers both online and offline, so researching each product you purchase is a must. I stick with third-party tested brands and recommend you do, too.


Furthermore, I prefer online shops to brick-and-mortar stores. Kratom from the latter tends to be extremely expensive, and there are much better deals on the web. Buying in person is no guarantee of quality, so don’t assume that higher prices mean better products.


However, Idaho has its fair share of physical kratom stores. Want kratom right now?


Here are three shops to consider. 

Kratom Kings CBD Kratom & Kava
Inland Botanicals
Happy Hippo

Final Thoughts

Kratom is legal in Idaho. However, there is more work to be done! It is brilliant that kratom is available to all. But it would be even better if everybody had access to premium, lab-tested products. 

Feb 28th 2023 Andrew Summer

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