Is Kratom Legal in Nevada?

Nevada is known for its tolerance of activities that illegal elsewhere, such as gambling and prostitution. Nevada legalized recreational marijuana on January 1, 2017, following the passage of Question 2 on the 2016 ballot. The first licensed sales of recreational cannabis began on July 1, 2017.

But where does the so-called Silver State fall in its tolerance of kratom?

In June 2019, Nevada enacted the Kratom Consumer Protection Act, advocated by the American Kratom Association (AKA). This legislation mandates product registration, age restrictions, accurate labeling, controls against adulteration, prohibition of synthetic alkaloids, and limits on 7-hydroxymitragynine content. As a result, kratom quality is strictly regulated, and selling contaminated kratom is punishable by law.

However, threats to kratom's legality in Nevada have sprung up.

On March 15, 2022, the Nevada Board of Pharmacy announced its intent to place kratom on Schedule I of its controlled substances. Advocacy efforts by the AKA and passionate consumers led to the proposal being removed from the agenda.

Also in 2022, Rep. Duy Nguyen introduced bill AB322 to strengthen kratom regulations. By 2023, this updated KCPA bill, that would have required kratom processors to register with the Division of Public and Behavioral Health of the Department of Health and Human Services, passed Nevada's house and senate and was sent to the governor's desk.

Governor Joe Lombardo, however, vetoed the bill. In part, this was due to outdated FDA guidelines and lack of approved medical uses for kratom, but a political agenda was also involved. The Republican Gov. Lombardo was making sweeping vetoes of all legislation sponsored by Democrats in retaliation for the party opposing public funding for building a football stadium in Las Vegas.

Therefore, kratom remains legal and regulated under the 2019 KCPA in Nevada.