Is Kratom Legal in Indiana?

What law bans kratom in Indiana?

Ind. Code § 35-31.5-2-321, the definition of “synthetic drug.” Mitragynine and 7-hydroxymitragynine are both named in it.

That definition is a long list of chemical compounds, and nearly all of them are made in a laboratory. JWH cannabinoids sold as K2 and spice. Cathinones sold as bath salts. Designer benzodiazepines. Kratom’s two alkaloids sit in that list alongside them.

A definition isn’t a criminal statute on its own. Ind. Code § 35-48-2-4 is what does the work. Subsection (g) places synthetic drugs, as defined in § 35-31.5-2-321, in Indiana’s Schedule I. That’s the tier that holds heroin and LSD.

Why does Indiana file a plant alkaloid under synthetic drugs?

Because of the bill it was added to.

In 2012 the legislature passed House Enrolled Act 1196, a bill written against K2, spice and bath salts. It renamed the existing definition of “synthetic cannabinoid” to “synthetic drug” and added dozens of compounds to it. Two of them were kratom’s.

Nothing in the bill suggests kratom was the target. It was two lines in a long list, and that list has been the law from that day forward.

The label does more work than it looks like it does. Mitragynine is made by a tree, the way caffeine is made by a coffee plant. Indiana’s statute files it under synthetic. Every argument about the ban since has run into that word.

The same two compounds are filed differently elsewhere. Wisconsin puts them with stimulants. Vermont puts them with hallucinogenic drugs. Same molecules, three different accounts of what they are, and the account a state picks is what sets the penalty.

When did Indiana’s kratom ban take effect?

March 15, 2012, the day the governor signed it. House Enrolled Act 1196 declared an emergency and took effect on passage, rather than on the following July 1, which is Indiana’s default.

Two other dates circulate, and both are worth knowing about.

July 1, 2012 is when Indiana’s criminal code recodification moved the definition into Ind. Code § 35-31.5-2-321, which is where it remains. The definition moved. The ban didn’t start over.

2014 turns up on a lot of pages and is simply wrong. A bill to strike both alkaloids from the definition was filed in January 2013, which nobody could have done if the alkaloids weren’t already in it.

What does the ban cover?

The alkaloids, and anything containing them.

The statute reaches a substance containing one or more of the listed compounds, including an analog of a listed compound. Mitragynine and 7-hydroxymitragynine are two of those compounds. Powder, capsules, tablets, extracts, drinks and tea all contain them, so the ban reaches all of them.

Because kratom itself is never named, people read the list and conclude the leaf is fine. It isn’t. You can’t have the leaf without the two things on the list.

What are the penalties for kratom in Indiana?

Possession is a misdemeanor. Selling is a felony from the first offense.

Knowing possession of a Schedule I controlled substance other than marijuana, hashish or salvia is a Class A misdemeanor under Ind. Code § 35-48-4-7. That carries up to one year and a fine of up to $5,000 under Ind. Code § 35-50-3-2. It becomes a Level 6 felony where an enhancing circumstance applies. Those include having a firearm at the time, or being near school property or a public park.

Selling falls under Ind. Code § 35-48-4-2, dealing in a schedule I, II or III controlled substance. That starts at a Level 6 felony and rises with weight.

One thing to watch for on older pages. Indiana used to have its own synthetic drug offenses at Ind. Code § 35-48-4-10.5 and § 35-48-4-11.5. Both were repealed on July 1, 2019. Any page that cites them is quoting law that no longer exists.

Has anyone tried to undo it?

Four times, in bill form, and not one of them worked.

2013. Senate Bill 132 would have removed mitragynine and 7-hydroxymitragynine from the definition of synthetic drug, and done nothing else at all. It was read once and referred to committee.

2018. A House committee took up Senate Bill 74 and amended it by consent to strike both alkaloids from the definition. The vote was 8 to 0. The change did not survive into the law that was enacted. Both alkaloids remain in the definition.

2023. House Bill 1500 would have defined kratom as a consumable product rather than a controlled substance, and held 7-hydroxymitragynine to 1% of the alkaloid composition. It cleared the House and died in a Senate committee.

2025. House Bill 1542 went further. Registration with the state Department of Agriculture. A minimum age of 21. Limits on alkaloid content. Batch testing by independent labs, labeling rules, and a fund to pay for enforcement. It never left its first committee.

The last two are a Kratom Consumer Protection Act in all but name.

Could Indiana’s ban change?

It would take the legislature. There’s no second door.

The two alkaloids are written into a statute, not onto a schedule an agency controls. The Indiana Board of Pharmacy can declare new substances to be synthetic drugs by rule, so the list can grow without a vote. Taking a name off it is a different matter, and that needs a bill.

The 2026 session adjourned on February 27, 2026. The next regular session opens in January 2027 and is a long one, running into late April. Four bills since 2013 say the odds are not short.

If one moves, the General Assembly’s own site shows it first. Not a store’s website. Ours included.

Can you order kratom online in Indiana?

No. The law applies where you are, not where the seller is. Once a package crosses the state line, Indiana law is what applies to it.

We don’t ship to Indiana. No kratom company that follows the law does.

Is kratom legal in the states around Indiana?

In all four, and one of them has a date on it.

Illinois, Michigan, Ohio and Kentucky all allow kratom at the state level. Kentucky enacted a ban in April 2026 that has not taken effect.

The Kentucky ban is worth understanding, because it’s nothing like Indiana’s. It arrived as two sections of House Bill 757, a several hundred page revenue bill, and became Chapter 161 of the 2026 acts on April 14, 2026. It rewrites Kentucky’s existing kratom statute into a flat prohibition on preparing, manufacturing, distributing, dispensing, selling and making kratom available for sale. Possession is untouched. The penalty is civil, up to $5,000 for a first offense and up to $10,000 after that. No felony, no misdemeanor, no schedule.

The date is the part almost everyone gets wrong. Trackers report January 1, 2027. The codified statute carries an effective date of July 1, 2027, which means Kentucky is open through the whole of 2026 and the first half of 2027.

Living on a border makes that feel closer than it is. Buying kratom lawfully in Illinois and driving home with it is an offense in Indiana. The law changes the moment you cross a state line, and it applies to you where you are, not where you came from. Traveling with kratom covers what that means on the road and in an airport.

Can a city or county in Indiana make it legal?

No. Counties and cities can add rules on top of state law. What none of them can do is undo a state ban.

There’s no reliable way to track every local rule in the country. We are not going to pretend there is. If you’re reading this from another state, check your own city and county first.