Legality · WI · since 2014

Is kratom legal in Wisconsin?

BANNED

Statute: Wis. Stat. § 961.14(4)

Direct answer

Kratom alkaloids (mitragynine, 7-hydroxymitragynine) are controlled substances in Wisconsin — kratom is effectively banned.

Status

Illegal

Age requirement

No state rule

KCPA status

No KCPA

Last reviewed

2026-04-19

Penalties

Possession

Schedule I controlled substance — possession of any amount is a Class H felony: up to 6 years prison and $10,000 fine. First-offense diversion is sometimes available.

Sale / distribution

Class G felony for sale or distribution — up to 10 years prison and $25,000 fine.

How Wisconsin got here

Wisconsin scheduled mitragynine and 7-hydroxymitragynine in 2014, making it the second state (after Indiana) to criminalize kratom. The scheduling was added by legislative amendment to the state Controlled Substances Act. Multiple repeal bills have been introduced since 2019; a 2023 bill to reclassify kratom as a dietary supplement passed the Wisconsin Assembly but died in the Senate Health Committee.

What you can do

Do not purchase or possess kratom in Wisconsin. Check neighboring states: MN, IA, IL, and MI are all legal.

Pending legislation

Active bills

AB-184 (2025 session) would reclassify kratom as unscheduled and enact KCPA provisions. As of April 2026 the bill is in Senate Health Committee review after passing the Assembly 72-25. Best prospect for near-term repeal of any banned state.

Traveling through Wisconsin

I-94, I-90, and I-43 all cross Wisconsin. With the active repeal bill and Assembly passage, some observers expect a 2026 or 2027 status change — but it's not law yet, so current transit rules apply.

Enforcement patterns

Enforcement has been moderate. Milwaukee County DA has prosecuted several cases; rural counties have been more lenient.

Frequently asked — Wisconsin

Is kratom about to become legal in Wisconsin? +

AB-184 passed the Assembly 72-25 in May 2025. The Senate Health Committee is reviewing it. If passed and signed, kratom would become legal under a KCPA-style framework. Timeline uncertain; track the AKA Wisconsin page for updates.