Legality

Is Kratom Legal in New Mexico? [2023 Update]

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Feb 14, 2023

Kratom is not a controlled substance at the federal level, but that does not guarantee it is legal in every U.S. state. Indeed, kratom is illegal in six states and restricted in regions of several others. But is kratom legal in New Mexico? Let’s investigate.


Kratom is legal in New Mexico! The Land of Enchantment holds a relaxed position on the substance, with no restrictions on manufacturers, retailers, or users. But that also means kratom is unregulated in this southern U.S. state.


In this post, I will discuss the current legal situation, explore kratom's history in New Mexico, and provide tips on where and how to buy products. This is your comprehensive guide to kratom law in New Mexico!

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.

Understanding Kratom Legality in New Mexico

Absolutely, and there are no annoying caveats to complicate matters. Simply put, New Mexico has done nothing to restrict kratom access, making it as accessible as coffee!


In some states, kratom is legal except for in particular counties, cities, or parishes. But no New Mexico jurisdictions have passed restrictive ordinances, so kratom is legal wherever you are. That's a relief!


Unlike neighboring Arizona, state legislators are yet to pass the Kratom Consumer Protection Act in New Mexico. I will touch more on the implications of that later.

History of Kratom Law in New Mexico

New Mexico has no legal history with kratom. The state has never tried banning the substance or even asked government scientists to study its effects or broader impacts. Likewise, no legislators have sponsored a bill to regulate kratom in New Mexico.


With no legal history, kratom is automatically allowed in the Land of Enchantment. New Mexico restricts substances it deems dangerous via the Controlled Substances Act. You won’t see the Mitragyna speciosa plant or alkaloids like mitragynine on it anywhere!


It appears that New Mexico’s lawmakers have more important matters at hand than controlling kratom access. I could not even find any significant local news stories regarding kratom in the state.

New Mexico Kratom Consumer Protection Act

Improving safety standards in the industry is a top priority of advocacy groups like the American Kratom Association (AKA). And the Kratom Consumer Protection Act (KCPA) is seen as the best way of doing it.


The KCPA reassures lawmakers concerned about the industry, and it is already active in Arizona, Utah, and Georgia. But New Mexico and dozens of other states still have unregulated kratom markets.


Government regulation may sound scary. But there are several pragmatic ways of protecting kratom users without compromising the industry. Let's run through a few of the KCPA's key elements.


  • Ban individuals under 18 (or 21) from buying kratom

  • Require manufacturers to provide directions for safe and effective use on product labeling

  • Ban contaminated and adulterated kratom, including products with synthetic alkaloids

  • Set punishments for those who violate any aspect of the KCPA


Passing the KCPA would reduce the risk of kratom abuse, products getting into the hands of minors, and sales of contaminated products. I hope New Mexico takes a look at the act soon!

I fully expect so. There is no reason to fear New Mexico banning kratom. It has never featured on the state's legislative agenda, and no lawmakers are pushing for restrictions.


When it comes to kratom law, no news is typically good news at this point. Prohibition at the state level was more likely in the mid-2010s when kratom was receiving more negative press coverage and the federal government was exploring a ban.


It would be a nasty surprise to see a state make kratom illegal now. And I cannot imagine it coming from the Land of Enchantment.

Federal Kratom Law

The federal government is more worried about kratom in New Mexico. Indeed, the closest the state came to a ban was in 2016, when the Drug Enforcement Administration (DEA) proposed making kratom a Schedule I drug.


Thankfully, the DEA walked back its plans after an enormous public outcry. But it still considers kratom a Drug and Chemical of Concern, so it remains on the agency's radar.


Federal kratom law is a fascinating topic. Learn more about how it may affect you here.

Where to Buy Kratom in New Mexico

Kratom is everywhere in New Mexico, but not all of it is up to scratch. Such is how a legal but unregulated industry works. However, provided you know what you want, you can find some top-grade stuff!


I never buy from gas stations or convenience stores. In my experience, the prices are extortionate and products often don't have lab results. I don't want to risk being ripped off and not even getting a legit product!


Botanical stores are the best brick-and-mortar kratom vendors. But you might only find these in cities or large towns, and they still come with the same price problem. There is, of course, a convenient solution: the internet!


Buying online means getting more kratom for your money, assurances over product quality, and none of the hassle of driving to the store and hoping they have what you want!


However, I know shopping at the store still appeals to many people. If you like buying kratom that way, here are some stores in Albuquerque, Las Cruces, and Rio Rancho where you can do so! 

Botanical Infusions CBD & Kratom
Mix N Mojo Smoke Shop
Just Urban Smoke Shop

Final Thoughts

New Mexico’s kratom users and vendors have little to complain about. The threats to legal kratom seem to have passed the Land of Enchantment by! Will the state go further and regulate the industry? It is unclear, but I will be watching with interest.
Feb 28th 2023 Andrew Summer

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