Is Kratom Legal in Indiana? [2023 Update]

It is bad news, I’m afraid. Kratom is illegal in Indiana. It’s a frustrating situation for Hoosiers who need access to legal kratom. But how did kratom become prohibited in the state? And is there anything that could sway lawmakers toward legalization in the future?

We will discuss all that and more in this comprehensive guide to kratom in Indiana, updated for 2023!!

Kratom has been banned in Indiana and classified as a Schedule I controlled substance since July 2014. Kratom prohibition became a reality after the Indiana State Senate passed Senate Bill 305, making mitragynine and 7-hydroxymitragynine illegal.

What do we mean by banned? The possession, purchase, and sale of kratom are all illegal in Indiana. And with kratom alkaloids classified as Schedule I substances, being caught in violation comes with the threat of stiff penalties.

Like many states that have banned kratom, Indiana law focuses on kratom's alkaloids instead of the entire plant. Directly targeting these compounds is a more effective way of enforcing the ban than more general, non-specific legislation on “kratom”. SB305 is super frustrating, classifying mitragynine and 7-hydroxymitragynine as hallucinogenic substances. The bill initially categorized these kratom alkaloids as synthetic. But an amendment was made to SB305 in 2018.

While these compounds may have psychoactive properties (and so do caffeine and nicotine, I might add), they are hardly hallucinogenic like other Schedule I drugs are. It suggests that legislators don’t even have a solid understanding of the substances they have made illegal.

Having anything to do with kratom in Indiana comes with the risk of harsh penalties. What else can you expect when the state government considers kratom alkaloids as dangerous as heroin and meth?

Possessing kratom in Indiana is a Class A demeanor. This carries a maximum penalty of 12 months in jail and a $5,000 fine. However, the possible jail sentence and fine increases to 2.5 years and a $10,000 fine if caught in possession of kratom when with a minor or near a school.

Let’s contemplate a worrying example. Imagine you get busted for kratom possession when at home with your children. Even though the kratom was for personal use, the authorities could still impose the maximum jail sentence and fine on you. Such is the crazy reality in Indiana.

Following the 2018 amendment to SB305, the Kratom Trade Association (KTA) put out a public appeal for funding to help get the ban overturned. But with kratom still illegal in Indiana in 2023, it is apparent that nothing came of the efforts.

For now, it seems that kratom legalization in Indiana is a lost cause. I have not seen any news media stories recently specific to the state. That said, the American Kratom Association’s (AKA) ultimate aim is for kratom to be legal and regulated for all Americans.

The past few years have proven that the kratom community is strong and knows how to organize! Supporters of legal kratom in Indiana should remember this. Make your voice heard if the opportunity arises.

If kratom ever does become legal again in Indiana, you can bet it will be with some form of regulation. States like Arizona, Georgia, and Utah have led the way with the Kratom Consumer Protection Act, creating the conditions for a legal and safer kratom industry. 

The federal government's position on kratom should be of some interest to people in Indiana. If D.C. adopts a more positive stance, that may have a knock-on effect in banned states.

How could this happen? Scientists could discover kratom benefits too significant to ignore. Or Congress could pass a federal version of the Kratom Consumer Protection Act. Several states have already done this. And some federal lawmakers are actively working to do so.

Want to learn more about kratom legislation at the federal level? Check out this post!

I can only imagine how irritating it must be to live in a state where kratom is banned. Unfortunately for Hoosiers, this is likely to remain the case for the foreseeable future.

Hopefully, scientific evidence will emerge that paints kratom in a positive light. That is the only way I can see Indiana moving toward a legal and regulated market.