Legality

Is Kratom Legal in Nebraska? [2023 Update]

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Jan 19, 2023

Not many substances have gone from unknowns to household names like Mitragyna speciosa (kratom) has. However, not everybody is thrilled about the herb’s rise to prominence. Indeed, kratom is a controlled substance in six states. But is kratom legal in Nebraska?


Yes! As of 2023, there are no kratom restrictions in Nebraska. From Omaha to Lincoln to Bellevue, buying, selling, possessing, and using kratom is legal in every inch of the Cornhusker State. However, Nebraska is yet to pass the Kratom Consumer Protection Act.


This post will detail everything you need to know about kratom law in Nebraska. Legal history, the current market, future possibilities - we will cover it all! Ready? Let’s get started.

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.

Yes. Kratom is legal in Nebraska because the state has not classified it as a controlled substance. States that make kratom illegal tend to do so by scheduling the Mitragyna speciosa plant or the mitragynine and 7-hydroxymitragynine (7-HMG) alkaloids.


Nowhere in Nebraska has done this. Kratom is legal at the state level, county level, and in every Nebraska municipality. Unlike some places, the state doesn’t even have one awkward township or parish that has passed an ordinance to make kratom illegal!


In addition, kratom is legal in the six states that border Nebraska (Colorado, Iowa, Kansas, Missouri, South Dakota, and Wyoming).


I know some of you travel between states for work or to catch up with family and friends. You won’t need to worry about traveling with kratom to neighboring states if you live in Nebraska.

History of Kratom Law in Nebraska

Compared to many others, kratom has enjoyed an easy ride in the Cornhusker State. The plant has never been illegal, and no state legislators have sponsored bills to ban kratom in Nebraska.


Furthermore, I could not find any state government agencies warning about kratom’s effects. In some states, the Board of Pharmacy has recommended making it a controlled substance.


However, kratom has received some unfavorable media coverage. In 2019, the Nebraska Regional Poison Center warned people against using kratom, something that local news agencies picked up on.


That said, considering the lack of legislative action, Nebraska cannot be particularly concerned about kratom.

Nebraska Kratom Consumer Protection Act

But that absence of legislation also means kratom remains unregulated in Nebraska. Some states have moved forward with the Kratom Consumer Protection Act (KCPA), a set of regulations to root out bad actors in the industry and safeguard users.


The American Kratom Association (AKA) lobbies for the KCPA. The act would also address some of the Nebraska Regional Poison Center’s concerns, particularly around safety and purity.


Unfortunately, an unregulated market is more likely to be littered with laced, contaminated, and synthetic kratom. It is these products that are prone to causing sickness and worse.


If Nebraska regulated kratom, vendors would be required to uphold standards on ingredients, purity, and product labeling, and not sell kratom to minors. The authorities could then impose penalties on those breaking the law.


But the KCPA is not on Nebraska’s agenda for now. Nor does it appear to be a priority of kratom advocacy groups. However, a lawmaker could sponsor a bill to pass it at any time.

Will Nebraska Keep Kratom Legal?

I believe kratom will remain legal in Nebraska. It has been several years since a state banned the plant outright, and there are no suggestions that the Cornhusker State wants to do so.


If state legislators were going to cause issues, it would probably have been when the substance was getting federal attention or after the Regional Poison Center’s comments in 2019.


Unless future research leads to calls for kratom to be classified as a controlled substance, I cannot foresee a scenario where Nebraska would ban it. Passing the KCPA and regulating the industry is a more likely outcome.

Federal Kratom Law

Nebraskan kratom consumers should keep a closer eye on the federal government than their state legislature. That’s where the threat to legal kratom could come from.


Indeed, kratom’s legal status in Nebraska was most at risk when the Drug Enforcement Administration (DEA) wanted to make it a Schedule I substance in 2016.


But there are strong voices in D.C. standing up for the rights of kratom users. Click here to learn more about the federal fight for legal kratom.

Where to Buy Kratom in Nebraska

Looking to purchase kratom in Nebraska? Great! You have a few options. Several brick-and-mortar shops stock kratom, and you can buy products online and have them shipped to your home. I’m a fan of shopping online for kratom, especially in unregulated states.


Kratom is commonly sold at gas stations and convenience stores, but these are often the worst places to buy products. These businesses often fail to check if their products are genuine - and with no KCPA in place, they can get away with it.


Big cities often have a couple of botanical stores specializing in kratom sales. While you should find better quality and more product variety at these places, prices can be outrageous.

When shopping at a leading online kratom retailer, you get transparency, quality, variety, value for money, and convenience! Of course, you will have to wait for your order to ship. You could try these stores if you want kratom in Nebraska right away.

Dr. Herb - Delta 8, CBD & Kratom
42 Degrees
Mystic Moods

Final Thoughts

Nebraska’s “legal but unregulated” kratom position is classically common. It’s mostly good news since vendors can sell kratom and consumers can buy it without legal hassle. But bringing regulation to the Cornhusker State’s kratom scene would take things to the next level!
Feb 28th 2023 Andrew Summer

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