If you are wondering if kratom is legal or not in Alabama, then the answer should be answered clearly and concisely: no, it is NOT legal in Alabama. Since May 2016, kratom and any product containing either of kratom’s two alkaloids, mitragynine or 7-hydroxymitragynine, are listed as Schedule 1, carrying penalties of up to a Class A, the harshest of all the drug laws.
In this post, we’ll review the bill that effectively banned kratom in 2016, discuss some of the possible criminal penalties, and review some of the past and ongoing criminal cases involving kratom in Alabama.
Alabama Senate Bill 226, signed by Gov. Robert Bentley, is the bill that made kratom illegal in Alabama and was officially enacted in May 2016. The bill formally classified kratom as a Schedule I controlled substance and also scheduled the two major alkaloids in kratom: mitragynine and 7-hydroxymitragynine.
Alabmaba legislators wanted to ban kratom due to stated concerns regarding its potential for misuse and abuse. Interestingly enough, 2016 was the same year that the Drug Enforcement Agency tried to emergency schedule kratom but backed off due to lobbying and public backlash. Although the ban on kratom in Alabama happened before the DEA announced its intent to schedule kratom, there were ongoing concerns and import alerts issued by the Food and Drug Administration prior to the ban, which may have increased the motivation for Alabama legislators to push for a ban of kratom.
Alabama and five other US states have banned kratom; however, these bans in the six states all happened between 2014 and 2017. More recently, states have been enacting legislation to regulate kratom rather than ban it, with 12 passing regulatory “Kratom Consumer Protection Acts” and a 13th state passing age restriction laws.
Possessing any form of kratom or substances containing its primary alkaloids is considered a Class C Felony in Alabama, with a potential for 1 to 10 years in jail and/or a fine that could reach up to $15,000. Repeat offenders may have to pay for as much as $30,000 and possibly get between 2 to 20 years behind bars. Moreover, if you’re a tourist visiting Alabama and are caught distributing or using kratom, you will most likely face the same criminal penalties.
It is also possible to receive a Class A Felony trafficking charge which carries the harshest of criminal penalties in Alabama for Scheduled substances. Class A felonies typically range from ten years to life in prison with penalties of up to $60,000. Such is the case in an arrest made of a woman in Alabama who possessed 250 grams of kratom, which we detail below. It is important to note that this woman’s case is still on trial, and she is innocent until proven guilty.
There are a few criminal cases involving kratom distribution in Alabama. One such case happened in 2022 involving two local clerks caught selling kratom in gas stations. Both individuals were arrested for illegally possessing kratom and distribution of controlled substance in Alabama. We could not find any updated data on their case, but it is likely law enforcement tried to or is trying to charge them with Class A felonies based on the nature of the information available.
In 2023, another arrest involved a woman charged with a Class A Felony for possessing kratom in Alabama. According to law enforcement, the woman possessed 250 grams of kratom, which is enough to be classified as drug trafficking under Alabama law. Nine months after being in jail, the woman was released after nationwide supporters raised thousands to pay her bail. If convicted, the woman will face a minimum of 3 years in jail and a possibility of up to a life sentence.
The American Kratom Association is a nationwide lobbying group advocating for safer kratom use by promoting regulation with legal access. This group has been active in proclaiming its advocacy efforts and lobbying measures across varying U.S. states, including Alabama, since 2016.
Since the passage of Senate Bill 226, the AKA has been keen on providing continued efforts to promote kratom regulation to legislators in Alabama instead of prohibition. The group has been actively pushing for the enactment of the Kratom Consumer Protection Act, a regulation aimed at implementing age restrictions, labeling and testing requirements, and regulation for manufacturers and producers of kratom. For now, it appears Alabama is set on keeping the current laws surrounding kratom. However, this may change in the future with ongoing lobbying efforts.
Besides Alabama, kratom is illegal in five other states, including Arkansas, Indiana, Vermont, Rhode Island, and Wisconsin. The legal landscape of kratom is complex and often changing. All of the aforementioned kratom bans happened between 2014 and 2017, and since 2017, 12 states have enacted regulatory measures instead of bans, with an additional 13th states implementing age restrictions solely.
It appears, at least for now, that kratom will remain illegal in Alabama; however, with continued lobbying efforts and federal developments, this could change one day. With Congress currently looking to study and review kratom and the FDA conducting small studies, legislators’ public image and opinion might change overtime.
However, for now, Alabama carries some harsh penalties, even for what one might consider to be relatively small amounts of kratom. Being aloof from the laws, even if you are a tourist crossing state lines could lead to harsh criminal penalties that law enforcement has shown no holdback on pushing for.
CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.
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