This is not an official list and the information may or may not be accurate. Please check the laws in your jurisdiction before purchasing Kratom incense.
Kratom (Mitragyna speciosa) is uncontrolled in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.
U.S. STATE LAW
Kratom has not been controlled in most states as of April 2012.
Indiana banned the chemicals Mirtagynine and 7-hydroxymitragynine in 2012, but the legal definition does not appear to cover the plant kratom. See http://www.in.gov/legislative/bills/2012/HE/HE1196.1.html. Some vendors are choosing not to ship kratom to Indiana and consider this a ban of the plant material as well. (thanks k) (last updated Apr 5 2012)
Kratom is restricted in Tennessee.
Kratom alkaloids are illegal to process in Vermont, under forms of the plant are not necessarily controlled.
We received a report in 2006 telling us kratom is legal in Austria. (unconfirmed) (thanks I)
Both Mitragynine, one of the active chemicals in Kratom, and M. speciosa the plant were placed in Schedule 9 of the Australian SUSDP. See Mitragyning Scheduling and M. speciosa Scheduling.
Neither kratom (Mitragyna speciosa) nor mitragynine are included in the official list of controlled plants and drugs and are not controlled in Belgium. (thanks ve) (last updated Jan 26 2011)
Neither kratom (Mitragyna speciosa) nor mitragynine are included in the official list of controlled plants and drugs and are thus uncontrolled in Brazil. Leaves and extracts are sold by online vendors in Brazil and imported into Brazil. (unconfirmed) (thanks T) (last updated Jan 23 2010)
One visitor tells us that Kratom is not listed as controlled in Canada. (unconfirmed) (last updated Oct 10 2011)
Kratom is controlled in Denmark as of March 13, 2009. See https://www.retsinformation.dk/Forms/R0710.aspx?id=123762. Previously, it was is sold in some retail shops (headshops). (thanks N,NL) (last updated April 2009)
We received a report that kratom is now a controlled medicine in Finland and requires a prescription. (last updated Aug 2008) (unconfirmed) (thanks R)
Kratom is not listed in the BtMG, but is reportedly controlled as an unapproved pharmaceutical drug as of 2011, making it illegal to buy, sell, or import with penalties including fines and jail time. Previously, Kratom was sold by German vendors and personal imports were unregulated. (unconfirmed) (thanks rb) (last updated Jun 30 2011)
Neither Kratom as plant or Mitragynine appear to be listed in Greece’s controlled substances law: http://www.dsanet.gr/Epikairothta/Nomothesia/n3459_06.htm. (unconfirmed) (thanks gt) (last updated Apr 20 2011)
Kratom does not appear to be controlled as of May 2009 and kratom leaves and extracts can be purchased at headshops sold as incense. (thanks M) (last updated May 28, 2009)
Kratom is not controlled in Ireland and is not listed in Irish Statue or in the Misuse of Drugs Ac. As of Feb 2007, it is sold in some retail shops. (thanks S and SH)
We received a report in 2006 telling us kratom is legal in Italy. (unconfirmed) (thanks I)
Kratom was made illegal without government license in Malaysia in August 2006. (unconfirmed) (thanks VS) (last updated Jun 2007). Only members of the government are allowed to use Kratom.
Kratom is illegal in Myanmar.
As of Sep 2006, Kratom leaves are legally available in smartshops. (thanks C)
Kratom (mitragyna speciosa) is listed in Schedule 1 of the Medicines Amendment Regulations 2009 (SR 2009/212), the list of “prescription, restricted, and pharmacy-only medicines”, along with antibiotics and many other prescription drugs. It is not legal to sell Kratom without a license, though is probably not illegal to possess. Until 2009, Kratom was available and sold in some shops inside New Zealand. (thanks HP) (last updated jan 21 2010)
Romania banned Salvia divinorum, Amanita muscaria, and kratom as of February 2010. Previously they were legal to sell, buy, and possess and were available in smartshops.” See Balkan Insight Feb 10, 2010 (thanks DN) (last updated feb 28 2010)
One visitor reports that kratom became illegal in Russia in October 2011. See page 3 of http://government.consultant.ru/page.aspx?1576335. (unconfirmed) (thanks s) (last updated Nov 19 2011)
Kratom is not controlled or illegal in Sweden. See SNPF.org. SNPF.org states that kratom is an herbal drug used as a substitute for opiates and that it is classified in Thailand, but not in Sweden. (thanks O) (last updated Jan 22 2010)
A visitor reports that Kratom is illegal in South Korea and, when they ordered Kratom from a foreign supplier, customs officials showed up and they were forced to attend 16 weekends of drug rehab to avoid jail time. (unconfirmed) (thanks K) (last updated Sep 19 2009)
Kratom is classified as Narcotic Level 5 in Thailand. This means it is illegal to buy, sell, import, or possess. Exceptions are made with permission from Minister of Public Health in accordance with approval from Office of the Narcotics Control Board.
Kratom leaf, powder, and extract are sold at headshops in the UK, and the plant is not listed in the Controlled Substances Act. (last updated Aug 2008)
If you have information about the legal status of this substance in any other country, please let us know.
CAUTION & DISCLAIMER
This is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)…this list is not comprehensive.