Is Kratom Legal in Washington

DC? [2023 Update]

Kratom is not classified as a controlled substance in Washington DC, and that is enough to make it legal! Places that have banned kratom prohibit the Mitragyna speciosa plant or alkaloids derived from the herb - typically mitragynine and 7-hydroxymitragynine (7-HMG).

However, no such restrictions apply in Washington DC. And with kratom legal in Maryland and Virginia (the states neighboring DC), kratom lovers in the capital and surrounding areas can enjoy the substance without fear.

Given the federal government is based in Washington DC, there is a common misconception that federal law automatically applies. That is not true. The District of Columbia has a mayor-council government operating under the U.S. Constitution and the Home Rule Act.

The latter devolves various powers to DC, as it does to many places throughout the country. However, the United States Congress can still review and overturn laws created by DC's mayor-council government if it wishes.

Marijuana is perhaps the clearest example of DC forging an independent path. At the federal level, the plant is a Schedule I drug. But in Washington DC, marijuana is legal for recreational use.

And there was a time when DC took a more restrictive stance on kratom than the federal government. Let’s look more closely at the shenanigans of recent years.

In August 2016, the Drug Enforcement Administration (DEA) classified mitragynine and 7-HMG as Schedule I controlled substances at the federal level. The District of Columbia followed up by making 7-HMG a Schedule I drug, but the decision received little publicity or scrutiny.

A ridiculous situation emerged. Suddenly, kratom was illegal in the nation’s capital, but many vendors and users didn’t even realize it. Of all the kratom bans I have seen, this was the most badly handled. Poor communication benefits nobody.

Public outcry pushed the DEA into a u-turn - the agency removed mitragynine and 7-HMG from the Controlled Substances Act in October 2016. But Washington DC was less prompt in reversing its kratom ban.

This was another legislative change that garnered limited media attention. But eagle-eyed kratom users noticed that kratom was removed from DC’s controlled substances list at some point in 2018.

As of February 2023, kratom remains 100% legal in Washington DC, as confirmed in the Code of the District of Columbia. The relevant text is found under Title 48 (Food and Drugs), Chapter 9 (Controlled Substances Act), Subchapter II (Standards and Schedules).

Since the ban confusion a few years ago, kratom has stayed off the legislative radar in DC. I am sure many kratom users would like things to remain that way. But it is worth considering the merits of market regulation and the Kratom Consumer Protection Act (KCPA).

Regulation is about strengthening the industry, not destroying it. And the KCPA is perfect for the kratom market because it comes from people who like the substance, not lawmakers who want to suppress it as much as possible.

Arizona, Georgia, Nevada, Oklahoma, and Utah have all approved the KCPA. But what is it doing for them, and what could it do for kratom users in DC?

• It would impose penalties on retailers selling adulterated and contaminated kratom

• Synthetic kratom (i.e., synthetic mitragynine and synthetic 7-HMG) would become illegal

• Product labels would have directions for use (e.g., how to take it, suggested serving sizes)

• Third-party certificates of analysis would be required to verify the purity and alkaloid potency of products

• The sale of kratom products would be restricted to those aged over 18 or 21

Even though kratom was once illegal in DC, I don’t think it will happen again. The first ban came when kratom was less understood, and it seemed like DC was simply following the DEA’s lead.

The DC mayor-council government has shown no independent desire to crack down on kratom. It could have kept the 2016 ban in place if it had genuine reservations. While it took some time, the u-turn suggests the ban was a mistake more than anything else.

That said, if the federal government ever makes kratom illegal, DC would not have the power to resist. As the Home Rule Act clarifies, Congress can overturn legal decisions in DC. Therefore, if the district tried unbanning kratom, it would likely be stopped in its tracks.

Now you know for sure that kratom is legal in Washington DC, you can proceed to shop for products. But one last thing: unregulated kratom markets are a minefield, and DC’s is no exception.

Unfortunately, not every kratom retailer has the required knowledge to sell these products. Gas stations, convenience stores, and other jack-of-all-trade shops are usually in it purely for the money. They don’t pay much attention to product quality or brand reputation.

But don’t worry. DC kratom users still have good options, from specialist brick-and-mortar stores to excellent online vendors. If you like shopping in person, I recommend niche herbal and botanical shops that respect customers by stocking premium, third-party-tested kratom.

However, even though I can buy kratom near me, I still do all my shopping on the internet. In my experience, online kratom stores have better and bigger collections and don’t charge exorbitant prices. And I can take time to peruse the lab results before I buy!

Even so, I know online shopping isn’t for everybody. If you prefer face-to-face interactions or want to support a local DC business, here are a few places that sell kratom. 

Qi Kratom CBD Tea

1517 U St NW STE 1, Washington, DC 20009

Tobacco King

1543 7th St NW, Washington, DC 20001

Grass & Co

1730 Columbia Rd NW, Washington, DC 20009