Is Kratom Legal in Kentucky? [2023 Update]

It is! Kratom is legal but unregulated in Kentucky! The state allows the manufacture, sale, purchase, possession, and use of kratom with little to no restrictions. This is currently the most common legal setup in the U.S.

But kratom has not escaped the attention of Kentucky legislators, who have explored banning and regulating the substance. Let’s take a journey through the legal history and look at what may lie ahead for kratom in the Bluegrass State.

Yes, and by that, I mean 100% legal! Kratom is legal in all Kentucky municipalities, with no cities, counties, or towns diverging from the state government’s position. That is a dream scenario for Kentucky’s kratom users!

Why is kratom legal? States that want to ban kratom must pass legislation, generally by amending the Controlled Substances Act. Six U.S. states have done this - either by banning the Mitragyna speciosa plant or by scheduling the mitragynine and 7-hydroxymitragynine alkaloids.

While Kentuckians have little to worry about, those living in northern parts of the state should remain wary. Kratom is a Schedule I drug in Indiana, and possession is punishable by steep fines and possible jail time. Kentucky shares a lengthy border with Indiana, so be careful.

Kratom has cropped up time and again in the Kentucky General Assembly over the years. While many states never see a single kratom bill, several have been introduced in the Bluegrass State.

Kentucky came concerningly close to making kratom a Schedule I substance in 2016. Senate Bill 136 (KY SB136) was alarming for multiple reasons, not least because the legislation mostly targeted synthetic opioids. As we know, Mitragyna speciosa is all-natural!

My fear was that lawmakers did not know what they were voting on and would have criminalized kratom without knowing what it was. KY SB136 was successful in the Senate but failed in the House. However, the sole Kentucky senator who voted against the bill had some wise words.

Senator Perry B. Clark (D) said that “most people in this body do not even know what kratom is,” as I suspected. He cited research from the University of Mississippi exploring the potential benefits of kratom, and he argued that we could be studying the substance, not banning it.

As of 2023, there have been no further efforts to criminalize kratom in Kentucky. Unfortunately, the research Clark hoped would happen has not materialized. But you can’t have everything!

In February 2021, Senator Adrienne Southworth (R) introduced a bill to regulate Kentucky’s kratom industry. Kentucky Senate Bill 241 (KY SB241) proposed various regulations, many of which are part and parcel of the Kratom Consumer Protection Act (KCPA).

KY SB241 called for:

• A ban on contaminated kratom
• A ban on kratom products adulterated with harmful non-kratom substances
• Limiting 7-hydroxymitragynine to 2% of a product’s total alkaloid fraction
• A ban on products containing synthetic alkaloids and other synthetic kratom compounds
• Labeling directions for safe and effective use, including a recommended serving size

These policies are present in states that have already passed the KCPA, including Utah and Georgia. However, KY SB241 had some interesting tidbits that would have provided Kentucky’s kratom market with an extra layer of protection. The bill proposed that no financial institution, service, or entity should be able to refuse or terminate the service of a business involved with the kratom industry.

For example, a bank or a credit card processing company would not be allowed to deny service to a kratom retailer because they dealt in kratom sales.

I like the idea. Financial discrimination against kratom companies operating in legal states is unacceptable. Unfortunately, KY SB241 died in committee and has not been reintroduced since. But it showed lawmakers are working to protect kratom rights in Kentucky. 

I am confident they will. Sure, 2016 was a close call, but kratom survived and has not faced any further legal threats. Furthermore, the substance is much better known than it was then, and a future bill to ban kratom would surely be subject to more intense scrutiny.

I think Kentucky solidifying kratom’s legal status through regulation is more likely. The American Kratom Association (AKA) wants this, and the industry is overwhelmingly supportive of it.

Federal law has implications for Kentucky. At present, the federal government does not classify kratom as a controlled substance. However, long-time users will remember the Drug Enforcement Administration’s (DEA) former efforts to make it a Schedule I drug.

More recently, a bipartisan bill popped up in Congress calling for nationwide kratom regulation. If the federal government goes either way on kratom, Kentucky could go with it.

You can find kratom for sale everywhere from Lexington to Louisville in Kentucky. Demand continues to rise, and the lack of regulation makes selling kratom a popular business endeavor.

But not all brick-and-mortar vendors are created equal. Gas stations and convenience stores are known for selling anything and everything. In kratom terms, that could mean an untested product.

When buying kratom in Kentucky, I shop at specialist stores with a high level of knowledge. Vendors that know the industry curate their product collections with care and understand the value of third-party testing. If a kratom product isn’t tested, I don’t go anywhere near it.

My solution is to buy kratom online. I can access lab results with ease, the products are less expensive, and I don’t need to leave my home. That works perfectly for my hectic lifestyle.

But I know some people prefer buying from the store. There are many places to do that in Kentucky. I have picked out three: 

Kratom Direct

4111 Dixie Hwy, Elsmere, KY 41018

Head Shed

1997 Harrodsburg Rd, Lexington, KY 40503

Bluegrass Kratom & Delta 8 Products

406 S 1st St, La Grange, KY 40031

Exciting things are happening in Kentucky. Kratom is legal, and we saw an excellent version of the KCPA a couple of years ago. While it didn’t pass, it makes me optimistic that kratom will stay legal and that the industry will get the protection it deserves.