Is Kratom Legal in Indiana? Laws and Legal Position

Indiana is a state with some very strange customs and even stranger laws. It’s a place where growing a mustache can leave the more affectionate man behind bars. It is also a place where happy hour has been banned. Unsurprisingly, kratom is another bee in the state’s bonnet.

If you’re headed to the Hoosier State for the Indianapolis 500, don’t take your kratom with you. It is illegal across the state and could result in loss of money or freedom. As of this writing, kratom possession is a Class A misdemeanor.

To learn more about the legality of kratom in Indiana, you’ll want to read on, as we explore the history of kratom law at the Crossroads of America. Just make sure you’re sitting down if you’re at a bar. We don’t need you getting a fine on account of your reading this.

When Did Kratom Become Banned?

image of indiana

In 2004, Indiana’s Senate passed a law banning kratom. Initially, this law incorrectly labeled 7-hydroxymitragynine and mitragynine as synthetic substances. Lawmakers amended the bill in 2018 to correct this mistake. Sadly, this didn’t make kratom legal again in Indiana. As you’ll see, the amended bill actually made things worse.

Initially, kratom’s chief alkaloids—mitragynine and 7-hydroxymitragynine—were falsely referred to as “synthetic” in nature, which, of course, they are not (they occur naturally in the Mitragyna speciosa leaves. More alarmingly, the 2004 bill had succeeded at classifying kratom as a Schedule I controlled substance.

2018’s Senate Bill 305 sought to return to the 2004 legislation, for the sake of amending the language. Alas, the corrections lawmakers decided to make were of no help to the herb itself. On the contrary, these amendments could only serve to harm kratom’s reputation.

Instead of removing kratom from the Schedule I list of controlled substances, Senate Bill 305 reclassified kratom as a “Schedule I hallucinogenic substance.” This misleading revision in the language did not stand to decriminalize kratoms sales or kratom use. Instead, all it succeeded in doing was giving the public yet another false misconception about kratom and its undesirable abilities.

What Happens if You Buy Kratom in Indiana?

There are still kratom vendors that ship to banned states, but there are a few things you need to know before you try to buy some. For instance, whether you’re an Indiana resident or a tourist, you could face a Class A misdemeanor charge for possession of Kratom. The legal penalty for this charge is up to 12 months in jail, plus a fine of up to $5,000.

However, there are some extenuating circumstances which could increase the legal severity. For instance, if someone is arrested for possession of kratom near a school or while they’re with a minor, they could face a Level 6 Felony. This carries a minimum prison term of six months (and up to 2 1/2 years). A fine of up to $10,000 may also apply.

Buying kratom in Indiana will not be easy, at least not through traditional means. Most reputable online vendors know better than to ship to a country, state or city where kratom sales are prohibited. You will likely end up buying it from a so-called backpack vendor.

Backpack vendors are inordinately order bulk kratom online, then sell it off in smaller amounts to their local clients. Think of the backpack vendor of today as the modern equivalent of that dude from the 80s with the trench coat full of gold-plated 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. In all probability, they might be living off the back of their bicycle.

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. Since the Bluegrass State is Indiana adjacent, you’ll encounter backpack vendors from places like Louisville.

image of what happens if you buy kratom in indiana

Many of these low-level vendors buy their kratom products from a Kentucky or Ohio headshop, then sell it at a significant markup in the Hoosier State. If you decide to buy kratom from one of these questionable vendors, you will be breaking the law. You’ll also be taking a dangerous gamble with your health.

For the best results, you’ll want to place an order with a trusted online kratom brand, such as Austic Organic Village, New Dawn Kratom or Remarkable Herbs. Many of these brands are carried by smoke shops where kratom sales are unrestricted. The best brands are GMP-compliant and lab-tested.

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.

How Does Indiana Define Kratom?

Indiana defines kratom as a Schedule I hallucinogenic substance. This puts it in the same legal class as heroin, marijuana, LSD, ecstasy, and peyote.

Indiana is one of only six states that has criminalized kratom. As a result, Cara Beckerle – the grieving mother of a murdered teenager – faces probation violation charges. Beckerle’s crime? Admitting to using kratom once while on probation.

Courier & Press opinion columnist Jon Webb wrote a scathing piece about kratom legality Indiana. Webb pointed out that “no one should be thrown in jail because they live in the wrong zip code. We need better reasoning than that.”

There are some kratom vendors that still ship to Indiana. However, we urge you not to break the law. The potential legal penalties are far too severe. Not to mention the fact that each arrest casts kratom in a negative light.

History of the Fight for Kratom Rights in Indiana

The Kratom Trade Association (KTA) has taken up the fight to reverse Indiana’s ban on kratom. Since 2018, the organization has actively sought contributions to help fight for a bill reversal. According to the KTA, their efforts almost led to a bill calling for kratom legalization in 2018. The organization pledges to continue fighting until the legal rights of Indiana’s adults are fully restored.

Bottom Line

image of kratom leaves and powder

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.

X