Is Kratom Legal in New York [2023 Update]

Good news! Kratom is legal in the state of New York. The substance is legal from Manhattan to Albany and everywhere in between. Even so, kratom’s legal status has not always been a sure thing in the Empire State, as I have come to realize over the years.

Ready to learn why kratom is legal in NY, whether lawmakers have tried banning it, and what this might mean for the future? Then keep reading - we have much to discuss!

Kratom’s legal status in New York comes with no sneaky caveats. Unlike California, for instance, no cities or counties in NY have broken ranks with the state government and made the plant illegal. No matter where you are in the state, you can enjoy your kratom in peace.

However, New York has a relatively undeveloped market, with no regulation in the form of a Kratom Consumer Protection Act that requires product labeling or potency checks. Therefore, finding pure and world-class kratom is sometimes tricky. But a little education can help with that.

Moreover, not everybody believes that kratom should be legal in New York. Numerous bills to restrict or outlaw kratom have come and gone, keeping activists on their toes. So, what has been going down?

Kratom’s legal status in New York comes with no sneaky caveats. Unlike California, for instance, no cities or counties in NY have broken ranks with the state government and made the plant illegal. No matter where you are in the state, you can enjoy your kratom in peace.

However, New York has a relatively undeveloped market, with no regulation in the form of a Kratom Consumer Protection Act that requires product labeling or potency checks. Therefore, finding pure and world-class kratom is sometimes tricky. But a little education can help with that.

Moreover, not everybody believes that kratom should be legal in New York. Numerous bills to restrict or outlaw kratom have come and gone, keeping activists on their toes. So, what has been going down?

The New York State Legislature has two houses: the State Senate and the State Assembly. In 2017, lawmakers tried to restrict the sale of kratom to persons aged 18 or over by introducing the same bill to both. The bills in question? NY A8787 and NY SB6924.

Had it passed, violation of the law would have brought a civil penalty of up to $500. Considering the harsher criminal penalties for kratom violations in other states, A8787 / SB6924 would have been relatively mild.

Since we see similar age restrictions for many substances, it is perhaps surprising that this legislation did not pass. The assembly bill had more than a dozen sponsors and bipartisan support. But it failed in the Assembly Health Committee at 25% progression.

New York Assembly Bill 231 (A231) posed a more severe threat to kratom in New York. This legislation would have prohibited the sale and distribution of kratom entirely. The bill was sponsored by New York Assemblymember Aileen Gunther (D).

A231 referred to the kratom (Mitragyna Speciosa) plant in general, as opposed to any specific alkaloids. Such legislation would have eradicated New York’s kratom industry overnight.

Thankfully, A231 also failed at 25% progression after getting stuck in the Assembly Economic Development, Job Creation, Commerce and Industry Committee. As of 2023, the New York State Legislature is yet to see another bill to outlaw kratom. We hope that continues!

Legislators have not given up on bringing kratom regulation to New York, with Assembly Bill 294 (A294) currently pending. A294 resembles A8787 / SB6924 from 2017, with the proposition of banning kratom sales to persons under 21 years of age.

Those caught violating A294 would face a maximum civil penalty of $500, the same punishment proposed by the bills a few years ago. As of January 2023, A294 is active and in the assembly committee phase.

New York lawmakers appear keen to regulate kratom to some extent. Whether that comes in the shape of a Kratom Consumer Protection Act (KCPA) or a bill like A294 remains to be seen.

Given A294 would not jeopardize kratom’s legal status in New York, there has been less pushback from the kratom community. But don’t confuse that for a lack of organization. If NY lawmakers move to ban kratom again, you can bet any bill would face fierce resistance!

However, the KCPA model has been successfully implemented in other states, including Arizona and Georgia. There is no reason why New York could not do the same, and it is something the American Kratom Association would be supportive of.

Legislative changes at the federal level could affect the kratom market in New York. While there are no pending federal attempts to ban kratom, there previously were plans to make it a Schedule 1 substance.

Or the federal government could go down a regulatory path and enact a nationwide version of the Kratom Consumer Protection Act (KCPA). Such a law could inspire New York to pass a version of the act.

Kratom Monkey covers the plant's legal status at the federal level in more depth here.

Now you know kratom is legal in New York, this is the next logical question! Since no counties, cities, or towns in NY ban kratom, you can find products throughout the state.

With no KCPA in place, you must do some research and quality checks when picking a brand. Look for manufacturers and vendors that provide third-party lab results and are transparent about potency and purity.

That is one reason why I prefer buying online to in-store. America's best online kratom vendors aim for maximum transparency. The average gas station or headshop does not show the same diligence.

In addition, online retailers are cheaper than most physical stores, while many offer more variety and purchasing options.

But don't worry. There are still excellent brick-and-mortar shops selling kratom in New York. And there may be times when buying online is not feasible in your situation.

For example, I ran out of kratom recently while holidaying in New York. I didn’t want to wait for my order to ship in the mail, so I walked into a store selling kratom and bought some on the spot. Here are three places in NY where you could do the same. 

Smoke Shop and CBD Store & Kratom

521 W 125th St, New York, NY 10027

CBD Kratom

2039-B, 2039 Broadway, New York, NY

East Side Cigars & Smoke Shop

279 E Houston St, New York, NY 10002

Kratom held firm against a prohibition attempt in New York, and there is no current threat to the plant's legality in the Empire State. That said, don't be surprised if the New York State Legislature regulates the industry at some point. Kratom still appears to be high on the agenda in New York.