Is Kratom Legal in Indiana?

Kratom (Mitragyna speciosa) has a notable legal history in Indiana, which has one of the strictest stances on the substance in the United States.

Indiana was among the first states to ban kratom. In 2014, Senate Bill 305 was passed, which classified the primary active alkaloids in kratom, mitragynine and 7-hydroxymitragynine, as Schedule I controlled substances. This classification placed them in the same category as heroin and LSD, substances considered to have a high potential for abuse and no accepted medical use.

The bill suggested that Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, were classified as synthetic substances, which would have been erroneous, but eventually they were re-classified.

In Indiana, the penalties for possession of kratom can vary depending on the amount possessed and the circumstances of the case. Since kratom is classified as a Schedule I controlled substance in Indiana, which is the most restrictive category for controlled substances, penalties can be quite severe.

Generally, possession of a Schedule I controlled substance in Indiana is considered a felony offense. The penalties for felony possession can include:

1. Fines: Individuals convicted of felony possession of kratom can face substantial fines. The exact amount can vary based on the specific circumstances of the case and the judge's discretion.

2. Imprisonment: Felony possession of kratom can also lead to imprisonment. The length of imprisonment can vary but may range from several months to several years, depending on factors such as prior criminal history and the quantity of kratom involved.

3. Probation: In some cases, a court may impose probation as part of the sentence for felony possession of kratom. Probation typically involves conditions such as regular check-ins with a probation officer, drug testing, and compliance with other court-ordered requirements.

4. Criminal Record: A felony conviction for possession of kratom will result in a permanent criminal record. This record can have long-term consequences, including difficulty finding employment, housing, or obtaining certain licenses or permits.

In 2023, a bill that would have legalized kratom was introduced into the Indiana General Assembly. HB1500 would have defined a “kratom product” as a food product or dietary ingredient, and established requirements for the manufacture, labeling, and sale of kratom.

The bill passed the Indiana House but died in the Senate. Therefore kratom remains illegal in the state of Indiana.