Is Kratom Legal in Maine? [2023 Update]

I have good news! Kratom is legal in Maine for all purposes as of February 2023. However, the Pine Tree State does not currently regulate kratom. This means customers must be more careful about who and where they buy from.

Welcome to this blog post on kratom law in Maine! The state has an intriguing legal history, having seen plans to restrict and regulate the substance come and go. Join me as I take a trip down memory lane before explaining what the existing legal landscape means for you.

Wherever you are in Maine, rest assured that kratom is legal. Like at the federal level, kratom is not classified as a controlled substance in the Pine Tree State. This means you can use, possess, purchase, sell, and manufacture kratom products without breaking the law.

Some states are more complex, with various counties and municipalities opting to pass local kratom bans. But that doesn’t happen in Maine, hence the state law applies everywhere.

However, while not a neighboring state, it is worth noting that kratom is illegal in close-by Vermont. The Green Mountain State classified mitragynine and 7-hydroxymitragynine (7-HMG), two kratom alkaloids, as Schedule I drugs several years ago. Keep this in mind if you visit VT.

It would be an exaggeration to say that Maine has a vendetta against kratom. But the state came close to banning mitragynine in 2017. In contrast, pro-kratom lawmakers hoped to pass the Kratom Consumer Protection Act (KCPA) in 2019.

Ultimately, Maine has never passed any kratom-related legislation. So, let’s get a feel for what the northeastern state thinks about the plant.

In April 2017, Rep. Scott Cyrway (R) and Rep. Catherine Nadeau (R) sponsored a bill to add substances to Maine’s list of Schedule W drugs. The state has a unique drug scheduling system, with the likes of heroin, cocaine, and meth falling into the Schedule W category.

Concerningly, Senate Bill 1546 (ME SB1546) initially proposed making mitragynine a Schedule W drug. Oddly, the bill left out 7-HMG. Most kratom prohibition bills targeting the plant’s indole alkaloids go after both. Perhaps this was a sign that legislators didn’t understand kratom!

Regardless, mitragynine was removed from the final version of ME SB1546. Kratom users in Maine quickly organized to fight off the threat, probably emboldened by how effective activists were at pushing back against plans for a federal ban.

ME SB1546 passed the state’s Senate and House before being signed into law by then-Governor Paul LePage (R). By that point, Maine’s kratom users did not have to worry - and banning kratom has not been on the state’s legislative agenda since.

Many kratom activists and advocacy groups encourage states to pass the Kratom Consumer Protection Act (KCPA) and regulate the market. Maine has not come close to passing the KCPA, but I think it would be a clever way of cementing kratom’s legal status.

There is one thing on which we can all agree: the kratom industry should be as safe as possible. And who better to propose regulations than people who use the substance daily and are immersed in the market. That is what the KCPA is about.

Based on other versions of the KCPA, passing the act in Maine would have the following effects:

• It would get dangerous, contaminated, and adulterated kratom off the market
• All products would have labels stating the ingredients present and directions for use
• All products would have a third-party certificate of analysis confirming potency and purity
• It would stop minors from buying kratom products
• Breaking KCPA provisions would be punishable by a civil or criminal penalty

Quite rightly, the kratom community wants to avoid another disaster like the 2018 multistate salmonella outbreak. That was linked to contaminated kratom imported from several countries, including Indonesia.

However, the American Kratom Association (AKA) and other pro-kratom groups probably aren’t focusing much on Maine. Since kratom’s legal status is not currently under threat in the Pine Tree State, these organizations may feel their resources could be put to better use elsewhere.

I don’t think Maine will ban kratom. While mitragynine was at risk of becoming a controlled substance in 2017, the bill was amended, and kratom has not faced a legal challenge since.

Could Maine’s position change if the facts change? Possibly, but that is a hypothetical question! If scientific evidence shows kratom is harmful, states could get more restrictive. If future research suggests kratom is fine, they could be more willing to pass the KCPA.

The federal government also matters when contemplating kratom’s legality in Maine, especially because the state doesn’t have its own kratom laws. Legislators could decide that D.C. knows the best if the plant’s legal status changes at the federal level.

Kratom has been a hot topic at the national level for years, with federal agencies and lawmakers weighing in on the debate. Check out this post to learn more.

Thanks to Maine’s relaxed kratom approach, you won’t have much trouble finding products. That said, because the state operates an unregulated market, you should be cautious about trusting every vendor you see.

Some stores take more responsibility over what they stock than others. In general, specialist botanical shops have a better reputation for selling world-class kratom than gas stations and headshops.

I protect myself by purchasing third-party lab-tested kratom products. Checking relevant lab results before I buy gives me confidence that I am acquiring pure and authentic kratom.

It’s often easier to do this online and from the comfort of my home. In addition, buying kratom online is more economical, and these stores typically have a more varied selection of strains. There is nothing worse than traveling to the shop and not being able to get what you need!

However, purchasing kratom at a brick-and-mortar store in Maine is possible, if you are so inclined. Here are three shops you could try.  

Wild Side Smoke Shop

102 Portland St, Portland, ME 04101

Biddeford Smoke Shop

299 Main St Ste 103, Biddeford, ME 04005

Mainers have a mostly satisfactory kratom situation - it’s legal wherever you are, and nobody wants to ban it! Kratom users in some states are desperate for such a setup. Passing the Kratom Consumer Protection Act is the next step for Maine to explore.