Legality · IN · since 2014

Is kratom legal in Indiana?

BANNED
Statute: Ind. Code § 35-31.5-2-321, § 35-48-2-6

Direct answer

Kratom is a Schedule I controlled substance in Indiana. Possession and sale are illegal. Banned since 2014.

Status

Illegal

Age requirement

No state rule

KCPA status

No KCPA

Last reviewed

2026-04-19

Penalties

Possession

Possession of a synthetic drug — Class A misdemeanor for small amounts (up to 1 year jail, $5,000 fine). Level 6 felony for larger amounts or repeat offenses.

Sale / distribution

Level 6 felony (6 months–2.5 years prison) for dealing less than 5 grams; Level 5 felony (1–6 years) for dealing more.

How Indiana got here

Indiana was the first US state to move against kratom, classifying mitragynine and 7-hydroxymitragynine as "synthetic drugs" in 2014 under a broader synthetic-cannabinoid framework. The original legislative intent was to address spice/K2 analogs; kratom alkaloids were swept in by statutory definition. Indiana prosecutors initially hesitated to file cases, and the law was only sporadically enforced until a 2019 Indiana Court of Appeals decision (Teresa Soliday v. State) affirmed that possession of kratom was indeed a crime under the statute. Repeal bills were introduced in 2021 and 2023 with support from the AKA but did not advance.

What you can do

Do not purchase or possess kratom in Indiana. Online vendors will decline IN shipping addresses.

Pending legislation

Active bills

No active bill as of April 2026. Some legislators have signaled interest in a KCPA-style regulated framework but no bill has been filed.

Traveling through Indiana

I-65, I-70, I-74, I-94 all cross Indiana. Do not transport kratom through the state.

Enforcement patterns

Post-2019 Court of Appeals affirmation, enforcement has increased. Charges are often as a "synthetic drug" possession rather than a traditional controlled-substance charge.

Frequently asked — Indiana

Why is kratom a "synthetic drug" in Indiana when it's a plant? +

The Indiana statute defines mitragynine and 7-hydroxymitragynine by chemical identity rather than plant origin. Because the alkaloids meet the statutory definition of "synthetic drug," they're covered regardless of natural-plant source. This is an idiosyncratic statutory-drafting artifact specific to Indiana.

Is kava legal in Indiana? +

Yes — kava is federally legal and not scheduled in Indiana. Several kava bars operate in Indianapolis, Bloomington, and Fort Wayne.

Neighboring states

Related

Sources: American Kratom Association state legality tracker · LumaLex Law kratom legality map · state legislature records and session archives; primary citation Ind. Code § 35-31.5-2-321, § 35-48-2-6. Last reviewed 2026-04-19. Legal status can change — verify with your state\'s current statutes before purchase or possession.

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