Kratom Legality in Indiana 2024: Current Status & Future Outlook

With the ongoing national debate over the legality and safety of kratom, it is imperative to know the legal status of kratom in Indiana. Currently, Indiana and five other states (Arkansas, Alabama, Rhodes Island, Vermont, and Wisconsin) have placed a ban on kratom, classifying it as a Schedule 1 controlled substance.

This means that you cannot legally buy, possess, or use kratom as an Indiana resident or visitor to the state (which includes passing through with kratom).

However, there was a push in 2023 to decriminalize kratom, but the move stalled in the Senate. In this article, you will get a detailed analysis of kratom in Indiana and the ongoing fight to legalize this Southeast Asian plant.

Current Legal Status of Kratom in Indiana

Effective from July 2012, mitragynine and 7-hydroxymitragynine (active kratom alkaloids) were added to Indiana’s list of synthetic drugs. Since 2014, all synthetic drugs on this list are classified as Schedule 1 Controlled Substances. This means that the possession or sale of kratom is illegal and attracts the strictest penalties for violations.

In Indiana, controlled substances are divided into five schedules: Schedule I-V. Drugs under Schedule I are most dangerous, while drugs under Schedule V are least dangerous and least addictive. Kratom is placed under the same category as Schedule 1 substances, and possession of these drugs can lead to a level 5 felony with fines up to $10,000 or up to six years in prison.

However, kratom is legal in all of Indiana’s bordering states: Kentucky, Illinois, Michigan, and Ohio.

Timeline of Kratom Legislative Developments in Indiana

In 2014, Indiana Senate Bill 305 classified kratom’s alkaloids, mitragynine and 7-hydroxymitragynine, as synthetic substances. This was erroneously done because the lawmakers confused these alkaloids with other synthetic substances.

However, on 01/17/2023, the IN HB1500 Bill was introduced to decriminalize kratom. It stated that kratom is derived from the leaf or extract of Mitragynine speciosa, and its residual solvent is not more than permitted by USP 467. It also stated that there is no synthetic compound in kratom plants. Instead of banning kratom, the bill proposed requirements and regulation for the manufacture, labeling, and sale of kratom products.

Unfortunately, on 04/28/2023, the bill was already dead in the Senate despite public and legislative support, leaving uncertainties in the future of kratom in the state of Indiana.

Why Was Kratom Banned in Indiana?

There are a few reasons kratom and its alkaloids were banned in Indiana. See them below:

• As stated earlier, kratom was confused with synthetic drugs as lawmakers wrongly concluded it similar to synthetic substances like K2 and spice.
• Aside from being confused as a synthetic drug, lawmakers cited some public health concerns related to kratom.
• And lastly, kratom’s risks of habit formation, abuse and dangerous effects if mixed with certain drugs and medications created a public health concern in the state.

Consequences of Kratom Legal Status to Indiana Residents

The ban on kratom in Indiana means that it is illegal for Indiana residents to buy or possess kratom. If caught with kratom products, there is a risk of legal penalties, including fines and imprisonment.

One issue with the banning of kratom in Indiana is the creation of a black market in the state. Prohibition has led to an unregulated black market, and this can expose users to adulterated or contaminated kratom products and unsafe consumption practices.

Lastly, it also means ignorant travelers from bordering states may face potential legal issues when traveling through Indiana with kratom. This is why it is good to stay updated with kratom laws of each state.

Proponents’ Arguments for the Legalization and Regulation of Kratom

There are calls from both public and private bodies on the legalization and regulation of kratom in Indiana. One of these supporters remains none other than the American Kratom Association. Their argument remains that despite the ban on kratom, some users still possess and use the product, exposing them to severe health risks.

Instead, they proposed a regulated market, which can address health risks, ensure accurate labeling, and eliminate contamination concerns.

Just like the stalled HB 1500 Bill, proposed legislation would require product testing, age restrictions, and strict labeling.

Finally, advocates highlight kratom’s potential in relieving physical discomfort and as a safer alternative for people undergoing opioid withdrawal.

What Does the Future Hold for the Legality of Kratom in Indiana?

Right now, we can only hope for a shift in Indiana’s laws on kratom. Even though the HB 1500 Bill died prematurely, there is ongoing potential for change, with some lawmakers open to future kratom legislation.

Kratom advocates are aiming to change the general perception toward kratom through normalization, potentially influencing future state and federal laws. Indiana is one of the six states that placed an outright ban on kratom.

As most states embrace the regulation of this herbal substance, we can hope that Indiana will start looking toward implementing regulations that will allow the safe use of kratom. Until then, the controversial nature of kratom in the nation underpins the complexity of kratom’s legal status in the United States.

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.