Is Kratom Legal in Pennsylvania?

Kratom has been available in Pennsylvania for at least 20 years. Now more than ever, kratom is available in major cities and even small towns at gas stations, smoke shops, and specialty tea shops.

In 2019, a group of bipartisan Pennsylvania lawmakers sponsored a resolution that called on the FDA to provide guidance for the proper regulation of kratom.

The summary for HR460 reads that it is “A Resolution urging the United States Food and Drug Administration to recognize this Commonwealth's concern with the safety of kratom and the current distribution and sale of kratom as a drug replacement, supplement or food and to promptly consider guidelines and protocols for the safe use of kratom.”

In a legislative context, a resolution is a formal expression of the opinion, will, or intent of the legislative body.  Resolutions do not have the force of law like statutes or ordinances, but they can serve to guide the actions of government officials or communicate the sentiments of the governing body to the public.

Regardless, HR460 did not pass.

HB2357 was introduced in 2021. Initially, the bill prohibited sales to persons under the age of 21, and outlined rules for both kratom processors and retailers. After going through two committees, the bill lowered the age to 18, and provided only rules for kratom retailers.The bill died in committee in October of 2022.

In 2023, the Pennsylvania senate introduced SB614, a Kratom Consumer Protection Act (KCPA). The summary of SB614 reads: “An Act prohibiting the preparation, manufacture, sale or distribution of unsafe kratom products and the sale or distribution of kratom products to individuals younger than 21 years of age; providing for duties of Department of Health; and imposing penalties.” The bill was referred to the Senate Health & Human Services Committee in April 2023. No further action has been taken.

Therefore, kratom remains legal and unregulated in Pennsylvania as of March 2024.