Is Kratom Legal in Louisiana? [2023 Update]

Kratom is legal at the state level in Louisiana but banned in the parishes of Ascension, Franklin, and Rapides. Legal kratom is at risk in the Bayou State, with other municipalities mulling bans.

Louisiana is a perfect example of the conflicting views toward kratom in the U.S. today. In this post, I will analyze the current situation and examine the previous efforts to pass legislation. And I will tell you if I think kratom will remain legal in Louisiana.

The Louisiana State Legislature does not list the Mitragyna speciosa (kratom) plant or any alkaloids under its Controlled Substances Act. This makes kratom legal in the state for all purposes, from manufacture to usage and everything in between.

However, kratom users in Louisiana cannot rest easy. The substance is a Schedule I drug in neighboring Arkansas, and the authorities have imprisoned people for kratom possession. Worse still, kratom isn’t even legal everywhere in Louisiana.

Some municipalities have taken kratom matters into their own hands. This isn’t unique to Louisiana, but it is a growing problem. Ascension Parish banned kratom in August 2022, and Rapides Parish did the same two months later. Franklin Parish followed in December 2022.

The Ascension ban targeted sales and not possession, making it a mere nuisance for kratom users. However, the Rapides ban was more comprehensive, prohibiting the sale and possession of kratom.

Businesses selling kratom in Ascension could lose their license, and repeat offenders may even go to prison. In Rapides, a first offense of selling or possessing kratom is punishable by a maximum $500 fine and six months in jail. Repeated offenses can lead to even steeper penalties.

And now other Louisiana parishes are considering following Ascension, Franklin, and Rapides. In January 2023, the Livingston Parish Ordinance Committee met to discuss a motion on banning kratom.

Thankfully, committee members did not follow through and agreed to meet with the American Kratom Association (AKA), a prominent kratom advocacy group. The parish is now exploring local regulations instead of pressing ahead with a ban. 

Lawmakers have introduced numerous kratom-related bills to the Louisiana State Legislature since 2014. Most were not good, but none passed. So, what exactly have the state’s politicians been up to?

In early 2014, Rep. Kevin Pearson (R) sponsored Louisiana House Bill 19 (LA HB19). The bill proposed multiple amendments to the state’s Uniform Controlled Substances Act, including classifying mitragynine and 7-hydroxymitragynine (7-HMG) as Schedule I drugs.

Kratom is nothing without these vital alkaloids. The bill was effectively a kratom ban even though it did not mention the Mitragyna speciosa plant by name. LA HB19 died in committee, but there was more to come.

Lawmakers tried again in 2015. Louisiana House Bill 174 (LA HB174) had the same text as LA HB19 from the year before. Mitragynine and 7-HMG were removed from the bill before House representatives and senators voted on and approved it.

In 2018 and 2019, the state passed two House Resolutions calling for more research into kratom.

House Resolution 177 (LA HR177) instructed the Louisiana Department of Health to study making kratom a controlled substance. House Resolution 203 (LA HR203) asked the department to research potential consumer protection measures.

But Louisiana passed the worst kratom legislation of all in June 2019. In passing House Bill 452 (LA HB452), the state will follow the Drug Enforcement Administration (DEA) on mitragynine and 7-HMG.

If the DEA ever schedules either alkaloid as a controlled dangerous substance, these restrictions will automatically apply in Louisiana.

In early 2020, optimistic House representatives introduced the Louisiana Kratom Consumer Protection Act (KCPA). The legislation would have protected consumers from dangerous kratom, enforced product labeling requirements, and stopped minors from buying products.

Sadly, Louisiana House Bill 523 (LA HB523) didn’t get far, dying in committee before lawmakers got to vote on it.

I worry about kratom’s future in Louisiana. Most states that have banned the plant did so several years ago. That kratom is high on the Louisianan legal agenda might not bode well.

However, the AKA is acutely aware of the threat. Many will remember that Utah contemplated a ban before passing the KCPA and regulating the market. My glass-half-full perspective is that the Bayou State will do the same. 

Due to the provisions made in the Louisiana State Legislature, the federal government’s kratom stance is of enormous importance. The DEA is not pushing to schedule kratom right now, but they have tried before and could again if they think the scientific evidence warrants it.

Unfortunately, Louisiana legislators have not agreed to automatically write any federal kratom regulation into state law. However, they could in theory, and kratom activists are hopeful that national regulation may soon be a reality.

Learn more about the federal government’s kratom plans here.

There are kratom vendors all over Louisiana (except in the banned parishes, of course!). Online retailers also ship to the state. The latter is my preferred method for buying kratom.

Many gas stations and convenience stores stock kratom, but these are the most problematic shops. Issues with fake, low-quality, and untested products can often be traced back to these businesses.

Boutique botanical stores are generally the best places to purchase kratom in person in Louisiana. Logically, shops centered around kratom have a higher quality and more varied collection than retailers trying to jump on the bandwagon.

Looking for a brick-and-mortar kratom store in Louisiana? Check out these three shops.

Hashtags Smoke Shop

12524 Jefferson Hwy a, Baton Rouge, LA 70816

Body Botanicals, LLC

3115 Government St, Baton Rouge, LA 70806

Lit Smoke Shop Prairieville

17316 Airline Hwy Suite B, Prairieville, LA 70769

These are nervy times for kratom lovers in Louisiana. The state has agreed to ban kratom if the federal government does, and several parishes are pressing ahead with local prohibition anyway. Do make your voice heard if a ban attempt comes to your area.