Is Kratom Legal in Indiana?

Home of Larry Bird and Michael Jackson, Indiana Indiana has quite the resume. But if you’re reading this, we know that’s not what you’re here to discover. So without further ado- let’s get into it…Is kratom actually legal in Indiana?

For those looking to travel to The Hoosier State (or simply the curious kratom enthusiast), we have bad news. Kratom is not legal for sale, purchase, or possession in the state of Indiana. Officially, kratom has been classified as a Schedule 1 controlled substance by order of the Indiana State Senate since 2014.

To unpack way kratom isn’t legal in Indiana, let’s take a closer look at the Indiana kratom ban.

Kratom Legality in Indiana

As we previously mentioned, kratom was made illegal by the Indiana State Senate.

The bill itself, Indiana Senate Bill 305, came to fruition on July 1st, 2014. The Senate bill incorrectly categorized two of kratom’s alkaloids (7-hydroxymitragynine and mitragynine) as synthetic substances. In effect, the Senate had decided to lump kratom in with dangerous drugs like heroin and ecstasy.

This was an overreach, in part, due to the wildly popular (and dangerous) synthetic “spice” craze that was sweeping the nation in previous years. Anything that was green and could be consumed as a powder was put under fire (in our humble opinion).

Due to Indiana Senate Bill 305, kratom:

• Is classified A Schedule 1 controlled synthetic substance, likening it to other drugs like morphine and heroin
• is Illegal for sale, purchase, and consumption throughout the state of Indiana
• Carries a penalty of a fine of no more than $5000, or up to 5 months in jail (considered a Class A misdemeanor)
• May carry additional (and much harsher) fines if found in possession of near a school or near a minor. (Can be convicted of a class 6 felony, which can result in a fine of no more than $10,000, or a jail sentence of no more than 2 years- 6 months)

Lesson here? Do NOT keep your kratom near your children in Indiana. Well, or anywhere for that matter.

We should also mention that Indiana did actually go back and amend Senate Bill 305 in 2018. They changed the nomenclature of kratom’s classification from a “Schedule 1 controlled substance” to a “Schedule 1 hallucinogenic substance”. Not much better (or accurate), but hey! Let’s at least give them credit for trying.

It took us quite a few years of research to get kratom right ourselves.

Can I Still Buy Kratom in Indiana?

This may seem like a dumb question right? we just told you the answer is a big fat NO.

Yes, it is now painfully obvious that you will not be able to purchase kratom at your local gas station or convenience store.

However, the average potential consumer in Indiana might be thinking “Well fine, I’ll simply buy my kratom online.” Problem solved, right? Not so fast.

Not only is it illegal, but reputable kratom vendors won’t risk shipping their product to consumers in a state where a kratom ban is present.

For starters, they run the risk of losing their business by violating state law, even if they are based elsewhere. In addition, they may face other/more severe penalties from state prosecution.

Ultimately, it’s not worth it for the consumer either. In the off-chance that you are able to score kratom from some shady vendor, you have to ask yourself a few things. If a kratom vendor is willing to break the law in search of profit, what other rules and regulations might they be Ignoring? Can you really trust the quality of their kratom? Even safety?

In addition, violating laws to obtain kratom in a state where it is illegal only serves to harm kratom’s reputation. The FDA’s long standing battle to ban kratom does not need any fuel added to the fire by otherwise responsible kratom advocates breaking state law.

It sucks, we know…but unfortunately it is the law. That said, the AKA is working with regulators in every state with a kratom ban, so there’s hope the bans will be overturned in the coming years. If kratom isn’t legal in your state, we highly recommend reaching out to the AKA and getting involved.

Kratom Bans in 2022

Yes, kratom is illegal in Indiana, and that sucks. Unfortunately, Indiana is not alone when it comes to their harsh stance on Mitragyna speciosa. Five other states join Indiana in their decision to ban kratom as of 2022.

1. Arkansas- Banned as of October 2015. Classifies kratom as a Schedule 1 controlled substance.
2. Alabama- Banned under Senate Bill 226 in May of 2016. The AKA is actively working to replace the ban with the KCPA (More on this later)
3. Rhode Island- Banned as of 2017. The Director of public health added kratom to Vermont’s list of controlled substances.
4. Vermont- Banned as of 2016 and added to the controlled substances list. However, House Bill 78 has been filed to decriminalize kratom.
5. Wisconsin- Banned as of 2014 and added to the controlled substances list. However, the Senate Health committee voted unanimously to replace the ban with the KCPA.

Fortunately, there is light at the end of the tunnel for American kratom consumers hoping that their own state will not fall prey to an outright ban. The American Kratom Consumer Protection Act (AKCPA)

The brainchild of the American Kratom Association (AKA), the AKCPA is a regulatory framework for kratom. We’ll get into what this means for kratom shortly, but ultimately passage of the AKCPA in your state is the best way to protect kratom and the rights of kratom users nationwide.

The AKA even states that they have plans to introduce the AKCPA in Indiana’s next legislative session, which would overturn the 2014 ban; making kratom legal in Indiana once again.

Why Regulate Kratom?

You may ask yourself: Why would a kratom tea company advocate for restrictions on kratom? It sounds crazy, we know…but hear us out. Without regulation of kratom at the state level, quite a few concerning consequences are evident:

• Safety. To begin, without proper oversight and quality standards, kratom’s safety will always remain in question. You can’t even be sure what you’re buying is even kratom. This is why quality control and labeling standards are essential to keeping kratom safe and contaminant-free.

For example, the requirement of vendors to have their kratom lab-tested. Any reputable kratom vendor will have their kratom independently lab-tested, which helps to identify any contaminants or abnormal alkaloid levels. (Yes, all of our kratom products are subject to independent lab-testing, in case you were wondering)

• Quality. In addition to safety,requirements, measures regulating kratom quality are equally important. Lab testing and storage standards help ensure that you’re getting the quality kratom that you would expect to get from a reputable vendor.

Kratom is, after all, a natural product from Southeast Asia. This means that it is susceptible to natural biological processes like molding. This is why quality control measures are necessary for proper packaging and storage of kratom throughout the entire commercial process.

• Reputation. Ultimately, all of these requirements help promote kratom for what it is; a natural product that has been used traditionally for thousands of years. With safety and quality requirements in place, this helps to ensure that kratom’s reputation will not be unjustly demonized by the addition of other dangerous products.

In addition, sub-par kratom can also lead to backlash for kratom’s reputation. Kratom advocates everywhere care about regulation because they care about keeping kratom safe and accessible for all kratom consumers.

How Can I Help Support Kratom?

True, kratom remains illegal throughout the state of Indiana as of 2022. This does not mean that the ban is permanent and it has to be this way for eternity. There are plenty of ways to help fight for the right to purchase and consume our favorite traditional herbal tea!

The American Kratom Association (AKA) remains at the forefront of everything pertaining to kratom advocacy and legislation.

They fought tooth and nail when the FDA first announced their nation-wide kratom ban proposal in 2016. Then once more in 2021; when the FDA announced it would seek a critical review of kratom from the World Health Organization (WHO) in an attempt to ban kratom trade globally .

At the state level, (as previously mentioned) their groundbreaking regulatory framework known as the AKCPA has found success in 7 states already. Several other states are debating upon passage of their own respective AKCPA’s in upcoming legislative sessions. You can check the legislative status of kratom on the AKA’a state by state map here.

If you’d like to take your kratom advocacy a step further, you can even sign up to be an AKA American Kratom Protector here. You will receive the latest new and updates regarding news and upcoming legislation pertaining to kratom advocacy.

Conclusion

Congratulations! You could have seen that kratom is not legal within the first paragraph of our post and been content.

But no, not you…You are a true kratom aficionado who cares about kratom and wants to learn more. In all seriousness, we appreciate you sticking around for another one of Top Trees kratom legality themed posts. While we do love our kratom tea, we realize some issues are equally important to discuss as well.

In summation:

• Kratom is not legal to sell, purchase, or possess in the state of Indiana
• You should not attempt to obtain kratom, online or otherwise, if you currently reside in Indiana
• Indiana joins five other states – Arkansas, Alabama, Rhode Island, Vermont, and Wisconsin – in their decision to keep kratom banned as of 2022
• Regulation of kratom helps to ensure that kratom can freely and safely be consumed by kratom enthusiasts everywhere, regardless of state or city!
• There are many ways to get involved in kratom advocacy, though we suggest using the AKA’s many resources as a great starting point. Let your voice be heard!

That’s it for “Is Kratom Legal in Indiana?” folks! Thanks for tuning in to another edition of The Better Brewing Blog, and as always…

Cheers to better brewing!