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Indiana Kratom Legality Guide: The Laws You Need to Know

Indiana prides itself on being a place that avoids government overreach, but unfortunately, legislators didn’t protect citizen’s rights in 2004 when they banned kratom. In fact, they made it even worse in 2018. 

The good news is that there may be hope on the horizon. There are some signs that Indiana may change its kratom laws in the near future. 

No one is allowed to possess or sell kratom in Indiana, and visitors must not bring kratom into the state. Kratom possession is a Class A misdemeanor, which is the most serious level of misdemeanor. If you are caught with kratom, you face a sentence of up to 365 days in jail, as well as maximum fine of $5,000.

Indiana's laws regarding kratom

When did Indiana ban kratom?

In 2014, Indiana’s Senate passed a law banning kratom. The motivation for initially banning kratom in the state may have been based on the influx of “spice” that was reaching Indiana. 

To this date, kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, are categorized as synthetic substances in Indiana’s legal code. Because of this, kratom is included among Indiana’s Schedule I controlled substances, and it is a Class A Misdemeanor to possess or sell kratom. 

Kratom experts disagree with this classification, arguing that kratom is a natural plant product, not a synthetic one. Indiana’s decision to ban kratom puts the state at odds with most other states in the US, and it disadvantages Hoosiers.

What Happens if You Buy Kratom in Indiana?

If you are caught with kratom in Indiana, you will find yourself facing a Class A misdemeanor charge for possession. That can be accompanied by up to 365 days in jail and a maximum fine of up to $5,000. 

These penalties could be even worse if you were arrested for possession of kratom near a school or while in the company of a minor. 

Although you may be able to find some unscrupulous online vendors who will ship to states where the substance is banned, we don’t recommend buying from these vendors. Legitimate kratom businesses will not take the risk to ship their product to states where kratom is banned; the risk is too great. This means that the only businesses that will ship to Indiana are likely the same ones that sell low-quality, unpredictable kratom. 

If you choose to buy from a so-called “backpack vendor,” you are basically buying from the modern-day equivalent of a guy with a trenchcoat full of counterfeit watches. 

Like a stranger selling stereo systems out of the back of a truck, you have no reason to trust a backpack vendor. They don’t have proof of their kratom’s purity, they don’t offer refunds, and they don’t provide customers with a return address. 

Backpack vendors are becoming more common in states where kratom legality exists in close proximity to kratom prohibition. For example, kratom has been illegal in kratom for quite some time, but it has remained legal in Kentucky. 

Instead of violating the laws that govern your state, we recommend taking a day trip to a neighboring state where kratom is legal. Make arrangements to pick up an order of a trusted kratom brand from a participating shop. Enjoy kratom where it has yet to be regulated, but don’t bring it back to Indiana where you can face legal consequences.

What’s Next for Indiana’s Kratom Laws?

There is growing interest among Indiana legislators to reconsider Indiana’s kratom ban. In 2023, House Bill 1500 was proposed, is summarized as follows:

Defines “kratom product” as a food product or dietary ingredient that: (1) is derived from the leaf or extract of mitragyna speciosa and has a level of residual solvent that is not more than permitted by USP 467; (2) does not contain a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 1% of the overall alkaloid composition of the product; and (3) does not contain any synthetic alkaloids including synthetic mitragynin, synthetic 7-hydroxymitragynine, or any other synthetic compound of a kratom plant. Establishes requirements for the manufacture, labeling, and sale of kratom products. Specifies that a kratom product is not a controlled substance.

The bill had its third reading in the House on March 6, 2023, and there have been no votes taken. If House Bill 1500 were to pass, kratom would have a chance of being legal again in Indiana.

Regulating kratom ensures clear labeling, serving sizes, and manufacturing standards.

The Federal Kratom Consumer Protection Act

Those who are waiting for kratom to become legal in Indiana may not have to wait for HB 1500 to pass. There is another way that kratom could become legally accessible to Hoosiers: a federal Kratom Consumer Protection Act. 

A federal KCPA would legalize kratom throughout the US and establish regulations for how it can be sold, advertised, and labeled. 

The kratom industry, including Golden Monk, supports kratom regulation, despite opposing any bans like the one in Indiana. Regulating kratom would come with many benefits, including: 

  • More consistent labeling so buyers know exactly what they are getting
  • Serving size recommendations to help people know how much to take
  • Consistent manufacturing standards
  • Prohibition of any adulterating substances in kratom products
Kratom can be brewed or ingested as powder, liquid, or in other forms.

Kratom FAQ

What is kratom?

Kratom is a tropical tree that is native to Southeast Asia. The leaves of the Mitragyna speciosa tree can be harvested at different stages of growth to create a variety of results. 

Kratom can be brewed into teas, taken as a powder that is washed down with water, concentrated into a liquid shot, or formatted as gummies, capsules, and more. Kratom leaves are known to produce a variety of effects and experiences, based on each person’s response to its alkaloids. 

What does kratom do for users? 

Kratom is a popular herbal product that has many reported benefits, according to kratom enthusiasts. While there is a need for more research to understand how kratom works and what results it can produce, possible benefits may include: 

  • Energy boosts
  • Soothing results
  • Mood enhancement 
  • Relaxation

Are there any potential negative effects from using kratom? 

All herbal substances have the potential to be misused or overused. When this happens, the effects on the body can be uncomfortable or even dangerous. Beginner-level kratom users should stick to small sample sizes and reputable vendors. 

Overusing or misusing kratom may lead to: 

  • Dehydration
  • Fatigue
  • Headaches
  • Nausea
  • Vomiting

To avoid these effects, use small serving sizes of kratom and monitor your reactions before increasing the amount that you take.

Contact Your Representatives to Try to Legalize Kratom in Indiana

If you want to legally buy kratom in Indiana, you should contact your representatives. Placing pressure on lawmakers is the most viable way to reverse the ban. Refer to the American Kratom Association’s website for more ideas. 

Remember: Other states have reversed anti-kratom laws. There’s no reason Indiana can’t too.

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