Is Kratom Legal in Vermont? [2023 Update]

Even though kratom is federally legal, not every American can access the Southeast Asian substance freely. As of 2023, Mitragyna speciosa is banned in six U.S. states. But is kratom legal in Vermont?

Unfortunately, kratom is banned in Vermont. Mitragynine and 7-hydroxymitragynine (7-HMG), the primary active constituents in kratom, are classified under the state’s list of controlled substances. This means manufacturing, selling, buying, possessing, and using are illegal.

Why did Vermont ban kratom, and could the state change its mind? There is plenty to discuss regarding kratom law in VT, so let's dive right in.

No, kratom has been prohibited in Vermont since 2017 at the earliest. The state banned it after a flurry of hospitalizations linked to kratom and a lack of evidence over its safety. Even worse, Vermont classified mitragynine and 7-HMG in the strictest Schedule I category.

Legislators can approach banning kratom in two ways: by scheduling the Mitragyna speciosa herb or outlawing its most crucial alkaloids. Vermont went for the latter option.

However, a document from the state’s Department of Health threw up interesting findings. Mitragynine and 7-HMG are grouped with hallucinogenic drugs, synthetic cannabinoids, cannabinimimetics, mescaline analogs, and dissociatives.

The somewhat random categorization suggests legislators did not know where to put kratom. But grouping all-natural indole alkaloids with synthetic cannabinoids seems like a bizarre decision.

Note: Vermont’s harsh kratom laws apply to visitors, too. Considering it is legal in the neighboring states of Massachusetts, New Hampshire, and New York, be careful not to accidentally enter Vermont in possession of kratom.

Oddly, there is little information online about when Vermont banned kratom. Mitragynine and 7-HMG appeared as controlled substances in 2017, and the American Kratom Association (AKA) noted on its website that kratom was banned in the Green Mountain State.

But activists have not taken the ban lying down, making efforts to get the decision overturned.

In January 2020, four House representatives sponsored a bill to decriminalize various substances in Vermont. VT HB878 targeted drugs used for entheogenic, medicinal, religious, and spiritual purposes. Somehow, mitragynine and 7-HMG made the list!

One of the bill’s sponsors was Rep. Brian Cina (D), a clinical social worker and part-time crisis clinician. He argued that decriminalizing kratom would allow people to make safer choices and help save lives. Cina expanded on his thoughts in an article for VTDigger, a local media outlet.

VT HB878 died in the House Judiciary Committee after its first reading. While the Vermont General Assembly has not seen such a bill introduced since then, Cina and his colleagues made another effort to legalize kratom shortly after.

In February 2021, Cina and four other Democrat House representatives sponsored Vermont House Bill 310 (VT HB0310). The bill would have regulated kratom in the Green Mountain State by establishing labeling and minimum age requirements for products.

Essentially, this was a bid to pass the Kratom Consumer Protection Act (KCPA) in Vermont. Advocates argue that the KCPA is a win-win for lawmakers and consumers. It eases concerns about products while ensuring users can buy high-quality products.

But Vermont did not join Arizona, Georgia, and Utah in approving the KCPA. Much like Cina’s earlier bill, VT HB0310 got stuck in committee after its first reading and made no further progress.

While it is encouraging to see pro-kratom lawmakers pushing for change in Vermont, it is deflating to see their efforts have amounted to nothing.

Since Vermont banned kratom for a lack of safety evidence, getting the decision reversed could be difficult. The fact that mitragynine and 7-HMG remain illegal in 2023 is proof of that.

However, there are efforts to legalize kratom in Vermont, and it is one of the states where the American Kratom Association (AKA) focuses its resources. If an opportunity to promote the benefits of Mitragyna speciosa arises, you can bet they will take it!

If Vermont ever legalizes kratom, it would likely be through implementing regulation. Given the safety concerns, I cannot see a scenario where the state repeals the ban but allows an unregulated market to exist. This would merely bring these safety issues back to the surface.

Therefore, if legalization happens, I expect it to come by passing the Vermont KCPA. That could happen within VT, or the state could be influenced by future actions from the federal government.

I often talk about the federal government’s relationship with kratom in worried tones. But since the herb is already banned in Vermont, I am looking toward D.C. in search of hope!

The federal government is still divided on how to deal with kratom. The DEA remains concerned, but there is bipartisan support in Congress for regulating the market. In late 2022, two senators introduced Senate Bill 5316, titled the Federal Clarity for Kratom Consumers Act.

Find out more about the kratom debates and divisions at the federal level here.

Don't give up hope! Kratom's legal status is far from settled, and there are efforts to improve access at the state and federal levels.

That Vermont banned kratom due to a lack of scientific evidence suggests the state could change its stance if positive research emerges.

But until then, it's a frustrating waiting game for kratom lovers in Vermont.