Wisconsin is known for cheese, farmland, cheeseheads, and huge swaths of beautiful countryside for residents and visitors to enjoy. But what if you want to enjoy some kratom while also taking in the sights and sounds of the Badger State. Is kratom legal in Wisconsin and what does the kratom scene look like?
Unfortunately, kratom is not legal in Wisconsin. While kratom is federally legal, each state in the U.S. sets its own policies on kratom. This means that whether or not kratom is legal is determined on a state-by-state basis. With kratom illegal throughout Wisconsin, this includes all of this state’s counties, cities, and towns—unlike states that only ban kratom in certain counties or cities.
As of 2023, Wisconsin remains one of six states with an active kratom ban. The other five states currently banning kratom are:
• Arkansas
• Alabama
• Indiana
• Rhode Island
• Vermont
Wisconsin’s kratom ban means it’s illegal to use, sell, possess, or transport kratom. If you’re in Wisconsin, you don’t want any kratom on your person, belongings, or in a vehicle you drive or ride in.
There’s unfortunately a lot of misinformation online about the legal ramifications of having kratom in Wisconsin. The first factor is whether you possess kratom or are trying to distribute it.
Possessing mitragynine (one of kratom’s main ingredients) in Wisconsin is a misdemeanor. Possessing mitragynine with the intent to manufacture, distribute, or deliver it is a Class H felony in Wisconsin.
The punishment for committing a misdemeanor in Wisconsin could mean spending a month or more in jail and paying a small fine. If a Wisconsin court finds you guilty of committing a Class H felony, you could pay up to $10,000 in fines, spend up to 6 years in prison, or both.
The legal history of kratom in Wisconsin started in 2014, likely before most people had even heard of kratom. In 2014, Senate Bill 325 passed. This bill shockingly groups kratom with dangerous designer drugs, such as synthetic cannabis and bath salts.
Things looked more positive from 2021 to 2022 when Wisconsin representatives created and brought forth Assembly Bill 599. This bill aimed to remove the classification of kratom as a Schedule I drug. Instead, this legislation would classify products containing kratom as “products intended for human or animal consumption.”
Other proposals in Assembly Bill 599 included:
• Legalizing the manufacturing, delivery, and distribution of kratom throughout Wisconsin.
• Making it illegal to distribute kratom mixed with dangerous or synthetic ingredients.
• Prohibiting distribution of kratom with a 7-hydroxymitragynine content of over 2%.
• Banning kratom without proper labeling.
• Forbidding anyone under 21 from buying kratom products.
Unfortunately, Assembly Bill 599 did not pass in Wisconsin. Because this bill failed to pass, Wisconsin continued following kratom legislation passed in 2014 (Senate Bill 325).
It’s hard to say whether Wisconsin will ever legalize kratom. In the past, pro-kratom legislation hasn’t made it far in this state. However, the present isn’t always an accurate indicator of the future. Currently, the American Kratom Association (AKA) is using scientific data and working with states, including Wisconsin, to change how lawmakers think about kratom in their state.
Unfortunately, you can’t. Golden Monk, along with every other kratom company, by law, can’t ship kratom to any person or business located in Wisconsin.
If Wisconsin’s lawmakers, politicians, and other parties can work together, kratom legalization in this state’s future could be possible. For now, all everyone’s able to do is wait for Wisconsin to remove its ban on kratom.
