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Is Kratom Legal in Arkansas? A Look at the Current Landscape

Key Takeaways:

  • Kratom is not legal in Arkansas: two of its primary alkaloids are classified as Schedule I substances.
  • The ban on kratom originated from a controversial 2015 decision that advocates argue was based on inaccurate science.
  • In 2025, a bill to reverse the ban and regulate kratom (Senate Bill 534) passed the Senate but failed to advance out of a House committee.
  • Advocacy groups are still actively working to pass the Kratom Consumer Protection Act in a future legislative session.

First, let’s be absolutely clear: kratom is not legal in Arkansas. Two active compounds in kratom (mitragynine and 7-hydroxymitragynine) have been classified as Schedule I controlled substances in the state since late 2015. This makes it illegal to buy, sell, or possess the plant and its varieties.

The Arkansas kratom laws place the plant in the same category as narcotics like heroin, with limited evidence to justify it. The original ban used somewhat questionable data to push through legislation, but even with clarity of the facts and growing support for practical oversight, the Arkansas legislature continues to rally against the kratom industry.

The History Behind the Ban

While there is currently no question of whether kratom is legal in Arkansas, there is ongoing debate about the grounds for the ban and a push for legislative overhaul. See, Act 506 of 2015 gave the Arkansas State Board of Health significant authority over the state’s controlled substances list. Based on this authority and a Department of Health report, the board’s recommendation to ban some kratom alkaloids (and thereby kratom) was approved by the legislative council. 

Reported Inaccuracies

The point of contention lies in the description of the alkaloids’ “opiate agonist action,” essentially grouping kratom and its compounds in with more traditional and problematic opioids. This characterization ignores the complex pharmacological profile of the plant and amplifies a common mischaracterization.

See, kratom’s alkaloids, specifically mitragynine, are partial opioid agonists, not full agonists like morphine. They have a ceiling effect and are G-protein biased, meaning they only activate the G-protein pathway, not the beta-arrestin pathway. The beta-arrestin pathway is responsible for many of the more dangerous side effects of opioid use, like respiratory depression and high abuse potential.

Limited Scope

The Arkansas Department of Health based its findings and opinions on anecdotal evidence from a single addiction treatment physician, Dr. Thomas Atkinson, and the lack of FDA approval. This limited scope made many people feel the new Arkansas kratom laws were based on biased reporting and that they lacked the more thorough vetting common in other legislative actions.

Kratom Nuances

The decision affecting whether kratom is legal in Arkansas seemed to ignore the nuances of the plant and its alkaloids. First, the alkaloids aren’t only opioid agonists. They also interact with other receptors in the brain, such as serotonergic and adrenergic receptors, which produce a more uplifting effect, similar to a strong cup of coffee (kratom is, after all, part of the coffee family).

By falsely characterizing kratom as an opiate, legislators fail to acknowledge it as a harm reduction tool. There is no evidence to support claims of overarching overdose deaths from kratom alone. Nothing scientifically suggests kratom carries the same risks as traditional opiates or poses a threat to public safety. 

A statue of Lady Justice

The Fight for Legislation and Regulation

There is speculation that the Arkansas kratom laws will push people toward underground markets, potentially opting for more illicit and harmful substances or buying laced kratom products unknowingly. These actions would undoubtedly result in more overdoses and deaths in the state.

However, with legislative changes, changes that would make kratom legal in Arkansas, it’s possible to curb illegal production and distribution. It’s possible to limit adulterated kratom products by implementing regulation and oversight.

Kratom Advocacy and Legislation

The American Kratom Association (AKA) is the nation’s leading kratom consumer advocacy group. It has successfully pushed several states to reform their laws. The primary legislative agenda of the organization is the Kratom Consumer Protection Act (KCPA), which helps identify safe manufacturing and testing practices for the legal sale of the kratom plant and its varieties.

The primary goal of the KCPA is to reverse bans and establish a framework for regulation, not prohibition. The primary tenets of the proposed legislation:

  • Set a minimum age for purchase
  • Require vendors to register with the state
  • Mandate lab testing for purity and alkaloid content
  • Prohibit dangerous adulterants
  • Implement clear labeling practices

In March of 2025, the Arkansas State Senate introduced Senate Bill 534 (SB 534), the Arkansas Kratom Consumer Protection Act (a variation of the AKAs proposed legislation). The bill represented a huge step forward for the conservative state and gave many consumers hope. It passed the Senate and was sent to the House Public Health, Welfare, and Labor Committee on April 10, 2025.

Unfortunately, kratom is still not legal in Arkansas. The promising bill didn’t advance out of committee. It died on May 5, 2025, when the House adjourned its legislative session.

Aerial shot of Arkansas forest outside of Little Rock

The Future of Arkansas Kratom Laws

So what does this legislative failure mean for the future of kratom in Arkansas? It means that not much changes in the short term, but that isn’t a reason to lose hope. The AKA and local advocates of lifting the ban will likely continue the fight and reintroduce the KCPA in a future legislative session. 

Advocates and proponents of kratom regulation and consumer rights understand that safety is born from oversight, lab-testing requirements, and age restrictions. They know that a legal and transparent kratom market is key to curbing the underground market filled with adulterated products and overdose risks.

People who support a free and regulated market, including kratom producers and consumers, must stand up to restrictive and counterintuitive laws. If you want kratom to be legal in Arkansas, get active in the kratom advocacy community and make your voice heard. Join The Kratom Company and the AKA to promote truth, transparency, and science.

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