Legality

Is Kratom Legal in Pennsylvania? [2023 Update]

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Feb 10, 2023

Mitragyna speciosa (kratom) hails from Southeast Asia, but the plant now enjoys a global reputation, including in the United States. Not everybody looks upon kratom favorably, though - and some U.S. states have banned it. Is kratom legal in Pennsylvania? Let’s find out.


Kratom is legal throughout Pennsylvania, as of February 2023. Everything to do with kratom is allowed in the Keystone State, from manufacturing products to purchasing and using them. Pennsylvania currently has an unregulated kratom industry.


Could PA ban kratom? What does an unregulated market mean? Where can you buy kratom in the state? Don’t worry. I am here to explain everything! I have been using kratom for nearly a decade and keep up to date with the latest federal and state-level developments.

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.

I wasn’t messing when I said kratom is legal throughout Pennsylvania! From Philadelphia to Pittsburgh and Allentown to Altoona, Mitragyna speciosa is permitted in every inch of the state. However, there is one exception in Radnor Township concerning selling kratom.


That Pennsylvania has such a crystal clear position is ideal for the community. In some states, cities and municipalities have criminalized kratom, confusing matters for consumers, vendors, and manufacturers. But Pennsylvania mostly avoids this.


In addition, kratom is legal in every state bordering Pennsylvania. Perhaps you have friends in West Virginia, work in Ohio, or enjoy holidaying in New York. Regardless, I am pleased to report you can take your kratom with you!

History of Kratom Law in Pennsylvania

There is no active kratom legislation in Pennsylvania. Lawmakers have explored restricting access to kratom or regulating the industry, but these efforts have been unsuccessful.


In early 2019, a saddening story of a man who died following a kratom overdose hit the headlines in the Keystone State. The media described kratom as herbal heroin and suggested that more than 1500 people wanted kratom banned or regulated in Pennsylvania and at the federal level.


While this came to nothing, kratom was on PA’s legislative agenda later that year.

House Resolution 460

In September 2019, nine Pennsylvania House representatives introduced a bipartisan House resolution, calling on the Food and Drug Administration (FDA) to recognize the state’s kratom concerns.


House Resolution 460 (PA HR460) hoped the FDA would “promptly consider guidelines and protocols for the safe use of kratom.” It was no surprise to see this House resolution considering the tragic news that hit Pennsylvania earlier in the year.


However, PA HR460 did not pass and was removed from the table in November 2020.

House Bill 2357

In March 2022, a dozen lawmakers sponsored a bipartisan bill to regulate Pennsylvania’s kratom industry. House Bill 2357 (PA HB2357) was more commonly known as the Kratom Consumer Protection Act (KCPA), legislation that is active in Arizona, Georgia, and Utah.


PA HB2357 originally contained a comprehensive set of regulations. These included specific product labeling requirements, banning products with synthetic alkaloids, and prohibiting sales to individuals under 21 years of age. Essentially, it was a classic KCPA!


However, the House Health Committee significantly amended the bill in June 2022. Most of the KCPA provisions were removed, and the purchasing age requirement was dropped from 21 to 18. The Pennsylvania Capital Star highlighted these substantial changes.


The Pennsylvania House passed PA HB2357 by a massive 197-3 margin. However, progress in the Senate proved slower, and the bill died after being re-referred to Appropriations in October 2022.


Whether PA lawmakers reintroduce the bill in the current legislative session remains to be seen.

Radnor Township

While somewhat uncommon, it is not unheard of for municipalities to take action on kratom. That is what Radnor - a 31,000-strong township with home rule status - did in March 2022.


The town’s Board of Commissioners passed an ordinance restricting the sale of kratom and delta-8 products. It is now illegal to sell these products in Radnor to under 21s and to sell them anywhere within 1,000 feet of a daycare center, playground, or school.


Why did a relatively small jurisdiction take such targeted action? Radnor residents became angry after the chain store CBD Kratom opened a shop on East Lancaster Avenue in Wayne. CBD Kratom is suing Radnor Township, but its efforts have so far proven fruitless.

Unlike some states, Pennsylvania definitely knows what kratom is! The plant has attracted plenty of controversy and arguably enough to have sparked legal action.


That kratom is still legal in PA gives me confidence that it will remain so. Public pressure to ban or regulate has yielded no results. Indeed, there hasn’t been a single bill to ban kratom in the state.


Regulation may be a different story, but it is something kratom activists support. The Keystone had a brilliant opportunity to pass the KCPA. It was frustrating and unusual to see the House Health Committee gut the bill.

Kratom at the Federal Level

Some Pennsylvanian lawmakers previously sought the federal government’s guidance on kratom, but the House Resolution did not pass. However, if kratom is banned or regulated federally, Pennsylvania might move in the same direction.


But will the federal government change its kratom policy? Find out what I think here.

Where to Buy Kratom in Pennsylvania

Buying kratom in Pennsylvania is easy - unless you live in Radmor! However, without the consumer protection of the KCPA, you must exercise care over where you shop.


Many places stock kratom in PA, including generic retailers like gas stations and convenience stores. Unfortunately, these vendors often fail to show due diligence when deciding what brands to sell. This puts you at risk of buying kratom that falls short in the purity and potency stakes.


I suggest searching for boutique botanical vendors if you want to buy kratom at a brick-and-mortar store. Or spare yourself the hassle and purchase kratom online, just like I do!


Here are three reasons why I shop online instead of at the store:

  • Price: Online vendors charge less and regularly offer free shipping

  • Variety: Web stores tend to stock a wider range of strains than physical shops

  • Convenience: I can place an order within minutes and receive it within days


But online shopping is not for everyone! If you are a Pennsylvanian kratom user who likes to buy in person, check out these three businesses. 

CBD Kratom
Fumee The Smoke Shop - Malvern
PA Botanicals

Final Thoughts

Kratom has withstood a barrage of negative press coverage in Pennsylvania. That the industry is still standing and unscathed is a remarkable achievement! Will the Keystone State take the next step and pass the KCPA? Only time will tell.

Feb 28th 2023 Andrew Summer

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