Kratom Legality | Ibogaine For Kratom

A Comprehensive Overview

The legal landscape surrounding Kratom (Mitragyna speciosa, AKA: ketum, kakuam, thang, thom, or biak) is highly diverse and subject to frequent change, making it crucial to verify the most current local laws. This overview categorizes countries based on the general status of kratom, acknowledging that “legal” can range from completely unregulated to strictly controlled.

Important Note: “Legal” in this context often means “not explicitly illegal” or “explicitly permitted under regulation.” Regulations can change, and local laws (within states/provinces or municipalities) may still exist, potentially overriding national non-regulation. Always verify the most current official information before possessing, selling, or traveling with kratom.

A. Countries where Kratom is Illegal or Heavily Restricted
B. Countries where Kratom is Generally Legal or Unregulated

The Global Legal Status of Kratom:

A. Countries where Kratom is Illegal/Heavily Restricted

These are countries where national laws explicitly ban kratom, classify it as a controlled substance, or where significant governmental actions effectively prohibit its sale and use.

North America

Canada: Not authorized for sale or use as a consumable product by Health Canada, which actively takes action against companies marketing it for ingestion. While possession and personal use are generally not criminalized in the same way as scheduled drugs, its commercial sale for human consumption is disallowed. It may be legally marketed for research or “non-consumable” purposes (e.g., incense).

South America

Brazil: Illegal. Classified as a “Class E (Controlled plants)” substance. This means its cultivation, harvest, production, sale, import, export, and possession are prohibited without specific, rare government authorization, typically only for scientific or therapeutic research. Violations carry legal penalties, including fines and imprisonment.
Chile: Illegal. Recent enforcement actions and official statements indicate it is prohibited and sanctioned under Ley 20.000, which governs illicit drug trafficking.
Colombia: While not explicitly on a controlled substance list, the National Institute for Food and Drug Surveillance (INVIMA) has issued health alerts regarding the illegal commercialization of kratom products due to a lack of sanitary registration, deeming them “fraudulent” and a health risk. This effectively makes its sale and distribution illegal.
Ecuador: Similar to Colombia, health authorities (Arcsa) have issued health alerts regarding the illegal commercialization of kratom products without sanitary registration, identifying it as a product of concern.
Peru: Illegal. The Mitragyna speciosa tree is reportedly listed among prohibited non-hallucinogenic plants, and there are significant penalties (fines and prison) for producing or distributing kratom, with even possession incurring penalties for repeat offenses. Its commercialization without sanitary approval is also prohibited.

Europe

Belarus: Illegal, explicitly included in the national list of prohibited narcotic drugs and psychoactive substances since at least 2009.
Bulgaria: Illegal, except for a doctor’s prescription.
Croatia: Generally not permitted for sale or distribution.
Denmark: Controlled substance.
Estonia: Controlled substance.
Finland: Scheduled in the “government decree on psychoactive substances banned from the consumer market.”
France: Banned due to health risks (often falling under a broad category of psychoactive substances).
Germany: Banned, classified as a controlled substance.
Ireland: Classified as an illegal drug (Schedule 1) under the Misuse of Drugs Act (specifically mitragynine and 7-hydroxymitragynine).
Italy: Classified as a prohibited substance.
Latvia: Controlled substance.
Lithuania: Controlled substance.
Norway: Controlled substance.
Poland: Banned under the Act on Counteracting Drug Addiction.
Romania: Controlled substance.
Russia: While not always specifically regulated, its status is often unclear, and customs officials may treat it as a controlled substance.
Sweden: Classified as a controlled substance.
Switzerland: Listed as a controlled substance.
United Kingdom: Banned under the Psychoactive Substances Act of 2016, making it illegal to produce, distribute, or possess.

Asia & Oceania

Australia: Controlled substance, generally illegal without a prescription for medical or scientific use.
Israel: Restricted for medical or research purposes.
Japan: Controlled substance.
Malaysia: Prohibited under the Poisons Act 1952 (for use, import, export, manufacture, etc.), although traditional use persists in some regions. The government has considered heavier penalties.
Myanmar (Burma): Illegal and strictly prohibited.
New Zealand: Controlled as a narcotic under Medicines Regulations 1985 (unless with a doctor’s prescription).
Singapore: Controlled substance.
South Korea: Legal to buy and possess but regulated; typically available in non-consumable forms.
Vietnam: Illegal and banned by the government.

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B. Countries where Kratom is Legal or Unregulated

This list includes countries where kratom is not explicitly banned by national law, or where it has been explicitly legalized or regulated for sale and consumption.

North America

Mexico: Generally considered legal to possess and use, as there are no specific federal regulations against it. However, this is a legal “grey area” where commercial activities might face challenges due to a lack of specific approvals or where authorities might take action based on broad health concerns.
United States: Federally legal and unscheduled. However, the FDA has issued warnings against its use, particularly discouraging its marketing as a dietary supplement or food additive, and has taken enforcement actions against unapproved products. The DEA also lists it as a “Drug and Chemical of Concern.” The legality of kratom in the U.S. is primarily determined at the state and local levels.

U.S. State-by-State Legality Status (as of June 2025, subject to rapid change)

South America

Argentina: Not explicitly listed as a controlled substance in all official drug decrees, and generally considered legal and unregulated for sale and possession. However, Argentina’s broad drug laws and frequent updates to include New Psychoactive Substances (NPS) mean it could fall under general prohibitions against unapproved psychoactive substances or those deemed a health risk in the future.
Bolivia: No explicit legislation or specific listing for kratom is widely published. Its status is likely unregulated, but Bolivia has very strict drug laws (Law 1008) concerning “controlled substances” in general, and any substance with psychoactive effects not approved for use could be subject to prohibition.

Europe

Albania: Generally considered legal.
Austria: Personal use is generally not a criminal offense, but its sale and distribution are not explicitly recommended or regulated.
Czech Republic: Moving towards regulation rather than a blanket ban. While previously in a “grey area,” new legislation is aiming to strictly control its sale (e.g., age verification, specialized outlets) rather than prohibiting it entirely. This implies legality under specific conditions.
Greece: Generally considered legal.
Hungary: Buying and selling kratom are generally considered legal.
Netherlands: Buying and selling kratom are generally considered legal.
Spain: Buying and selling kratom are generally considered legal.

Asia & Oceania

China: Legal but largely unregulated. Potential for future restrictions, but not currently banned.
Indonesia: Historically, there were plans to ban kratom. However, in 2024, revisions to Ministry of Trade regulations legalized the production and export of kratom leaves. There are also plans to build downstream industries for kratom exports. This marks a significant shift towards legality for production and export, though internal consumer sale and regulation may still be evolving.
Philippines: While the situation is somewhat ambiguous, kratom has been traditionally used and is not explicitly on the list of prohibited substances, leading to a de facto legal status for now.
Thailand: Fully decriminalized and legalized in 2021 for personal use, cultivation, trade, and manufacturing. This represents a complete reversal of its previous ban. The Ministry of Public Health has approved its use in food, drinks, food supplements, and herbal products, with specific mitragynine content standards and licensing requirements for manufacturing and import/export.

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Crucial Considerations for All Statuses:

Evolving Laws: The legal landscape for kratom is exceptionally dynamic. What is legal today might be illegal tomorrow, and vice-versa. National governments, state legislatures, and local municipalities frequently review and change their stance.
Local Ordinances: Even in countries or states where kratom is generally legal or in a “grey area,” individual cities or counties may have enacted their own bans or restrictions. Always check specific local laws for your immediate area.
Import/Export: Even if legal for possession in a country, importing or exporting kratom can be subject to strict regulations, customs scrutiny, or outright bans. Do not assume personal legality extends to international trade.
Travel: It is highly risky to travel internationally with kratom due to its varied legal status and the potential for severe penalties (including arrest and imprisonment) in countries where it is illegal. Similarly, traveling between states in the US, especially across states with differing laws, requires awareness.
No Regulation Does Not Mean Safe: In many countries where kratom is “legal” simply because it’s unregulated, there are no government standards for quality, purity, or labeling. This lack of oversight can lead to products containing contaminants, adulterants, or inconsistent alkaloid levels, posing significant health risks.