Legality · AR · since 2016

Is kratom legal in Arkansas?

BANNED
Statute: Ark. Code Ann. § 5-64-215

Direct answer

Kratom is a Schedule I controlled substance in Arkansas. Possession and sale are illegal. Banned since 2016.

Status

Illegal

Age requirement

No state rule

KCPA status

No KCPA

Last reviewed

2026-04-19

Penalties

Possession

Class D felony — 0–6 years prison and up to $10,000 fine for simple possession. Diversion and probation are sometimes available for first-time small-quantity offenders.

Sale / distribution

Class C felony — 3–10 years prison for distribution of any amount.

How Arkansas got here

Arkansas scheduled mitragynine and 7-hydroxymitragynine in 2016 via a state Department of Health emergency rule-making after the FDA added kratom to its "drugs of concern" list in 2014. The emergency scheduling was made permanent through the Arkansas Uniform Controlled Substances Act later that year. Repeal bills have been filed every session since 2019; none have passed. A 2023 bill to reclassify kratom as an unscheduled dietary supplement died in the Public Health Committee.

What you can do

Do not purchase, possess, or accept shipment of kratom in Arkansas. Legal alternatives include kava (no state regulation) and CBD products (legal under the 2019 Arkansas Hemp Production Act).

Pending legislation

Active bills

No active bill as of April 2026. The American Kratom Association is organizing grassroots lobbying ahead of the 2027 legislative session.

Traveling through Arkansas

I-40, I-30, and I-55 all run through Arkansas. Transporting kratom across state lines through AR is a possession offense. Legal alternative: ship to your destination directly rather than driving with product.

Enforcement patterns

Typical enforcement pattern is smoke-shop inspections triggered by complaints. Criminal possession prosecutions are less common but not rare.

Frequently asked — Arkansas

Is CBD legal in Arkansas? +

Yes — hemp-derived CBD is legal under the 2019 Arkansas Hemp Production Act. This is unrelated to kratom status.

What about delta-8 THC? +

Delta-8 is currently in legal grey area in Arkansas and has been the subject of state-level enforcement actions. Different legal framework from kratom.

Can I drive through Arkansas with kratom? +

No. Possession of kratom alkaloids in Arkansas is a felony regardless of where they were purchased. Route around AR if possible.

Neighboring states

Related

Sources: American Kratom Association state legality tracker · LumaLex Law kratom legality map · state legislature records and session archives; primary citation Ark. Code Ann. § 5-64-215. Last reviewed 2026-04-19. Legal status can change — verify with your state\'s current statutes before purchase or possession.

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