Is Kratom Legal in Minnesota? [2023 Update]

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Feb 7, 2023

The legality of Mitragyna speciosa (kratom) is a much-debated topic in many U.S. states. While most hold a permissive view, some have taken a prohibitive position. Since you are here, you probably want to know, “Is kratom legal in Minnesota?”

Kratom is legal in Minnesota for individuals aged 18 and over. The state has no other restrictions, which is fantastic for those wanting to make products, sell them, and buy them.

However, kratom’s legal status in Minnesota is worth discussing in more depth. Lawmakers have contemplated rule changes, and the lack of market regulation has consequences. Join me as I guide you through everything you need to know about kratom law in Minnesota.

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.

Minnesota does not schedule kratom under its Controlled Substances Act. If a substance is not listed in the act, it’s legal - things are no more complicated than that!

Legislators go about banning kratom in two ways. Some bills cover Mitragyna speciosa in its entirety, whereas others go after its two crucial indole alkaloids, mitragynine, and 7-hydroxymitragynine (7-HMG). Neither has happened in Minnesota.

Furthermore, kratom is legal wherever you are in Minnesota. No local jurisdictions (i.e., counties, cities, or towns) have passed ordinances banning kratom. That seems like it would never be an issue, but it has happened in some states, including California and Florida.

A word of warning: Minnesota shares a lengthy border with Wisconsin, where kratom is controlled as a Schedule I drug. Given the proximity of Minneapolis, St Paul, and Rochester to Wisconsin, be sure not to cross state lines with kratom. You could be fined or jailed.

History of Kratom Law in Minnesota

Minnesota explored banning kratom in 2018 - and users had a lucky escape. For a while, Minnesota Senate Bill 2578 (MN SF2578) contained text calling for the classification of mitragynine and 7-HMG as Schedule I drugs.

MN SF2578 would have imposed the harshest possible restrictions on kratom, classifying it with meth, heroin, LSD, and MDMA. Getting caught in possession of kratom could have meant enormous fines and jail time were on the cards.

Thankfully, lawmakers abandoned plans to schedule mitragynine and 7-HMG before passing MN SF2578. Instead of making these alkaloids Schedule I drugs, the bill was changed to ban sales of kratom products to minors (under 18s). This was a good compromise - and a relief!

Anybody caught selling kratom or a product containing mitragynine or 7-HMG to a minor is guilty of a gross misdemeanor in Minnesota. If a minor unlawfully purchases kratom in the state, they are guilty of a misdemeanor.

Kratom Consumer Protection Act

No kratom bills have made it to the Minnesota Legislature since 2018. However, there is one that many people and the American Kratom Association (AKA) would like to see: the Kratom Consumer Protection Act (KCPA).

Without regulation, the Minnesota kratom market is not as safe as it could be. And given state legislators have concerns about the substance, you would think they would support such an act.

The KCPA would bring informed regulation to the industry rather than leaving it up to people who don’t understand kratom. Requiring third-party testing of products, clear labeling, and banning harmful ingredients would make life easier and the market safer for kratom users.

Failing to regulate kratom has downsides. In 2018, dozens of Americans became sick due to kratom contaminated with salmonella. The outbreak struck most U.S. states, with two people falling ill in Minnesota.

Of course, becoming sick from contaminated kratom is terrible for those affected. But such incidents also give lawmakers an incentive to ban kratom. And no kratom lovers want to see that.

As of February 2023, the KCPA is not on Minnesota’s legislative agenda. However, market regulation is running smoothly in several states, such as Arizona and Georgia!

Will Minnesota Ban Kratom?

I believe the threat to legal kratom has passed in the Land of 10,000 Lakes. While 2018 was a dreadful year for kratom in Minnesota, the market survived. The compromise to keep kratom legal while protecting minors seems to have worked.

But the kratom community knows better than to let its guard down. I expect the AKA to continue pushing for the KCPA wherever possible, including Minnesota.

Will the Federal Government Ban Kratom?

This is an important question as Minnesota could follow the federal government’s lead on kratom. The Drug Enforcement Administration (DEA) has relented since its effort to make kratom a Schedule I drug.

However, future scientific research on kratom could change the game. The relevant federal agencies do not consider it safe, so they may come again if evidence emerges suggesting that kratom is harmful.

I discuss the federal government’s kratom position in more detail here.

Where to Buy Kratom Products in Minnesota

Kratom powder, capsules, edibles, tea bags, extracts… the Minnesota market has it all! You will find vendors in the major cities and some smaller towns. And if you live in a rural area, online kratom stores have your back.

Indeed, while botanical stores, gas stations, convenience stores, and tobacco shops offer kratom, I buy all of mine online. I saw some eye-wateringly high prices in brick-and-mortar stores when on my travels in Minneapolis.

In addition, while many physical stores do things by the book, it is easier to check product quality online. All respectable online kratom vendors publish third-party lab results or provide them upon request. And they still charge much less than your typical physical store!

However, if you prefer, you can shop in-store for kratom in Minnesota. Here are three shops that sell kratom. 

Pristine Vape
Maple Grove Tobacco, Cigars, CBD, Kratom, Delta 8 & E-Cig Center
The Green Machine

Final Thoughts

Minnesota’s legal but unregulated kratom setup is common across the U.S. I am pleased to see the state has taken action to stop minors from buying kratom. It will be interesting to see if legislators pass the KCPA in the months and years ahead. 

Feb 28th 2023 Andrew Summer

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