Since 2014, Michigan legislators have introduced more than five bills to either make kratom illegal in Michigan or regulate it. So far, none of these attempts have been successful. So now, you may be wondering, is kratom legal in Michigan?
The simplest answer is yes, kratom is legal in Michigan as of 2024. There are no specific regulations that restrict kratom sales in the state. The Michigan kratom story doesn’t end there, though.
If you’re a Michigan resident or plan on traveling to Michigan, there are a few crucial details you need to know to ensure you’re enjoying kratom products safely (and legally):
- Advocates in Michigan are working hard to pass kratom regulations, so the laws may change in the near future.
- Two states that border Michigan have banned kratom. This can have a significant impact on Michiganders and visitors who want to travel to and from Michigan with kratom.
- Because there are no regulations in place, Michigan residents should be careful when choosing between different kratom products.
Let’s dive into what you need to know before you buy kratom in Michigan or bring kratom into the state.
Recent Developments in Michigan Kratom Laws
Currently, Michigan has no consumer protection law regarding kratom, nor is there a kratom ban in place. While this means people who rely on kratom can easily access it, it also creates potential risks. Without oversight, kratom may be sold to minors and manufacturers may sell products that are not safe for consumers.
From 2014 to 2019, a handful of Michigan senators and representatives attempted to criminalize the sale and possession of kratom. Over time, however, the focus shifted from banning kratom to regulating it with an emphasis on consumer safety. Recent attempts to regulate kratom in Michigan include:
Below, we’ll go into detail on why legislators have shifted away from prohibitionist laws and towards regulations. Before we do so, let’s first discuss what Michigan kratom laws might look like in the near future.
What the Future Might Look Like for Kratom in Michigan
While Michigan kratom regulatory efforts have been unsuccessful so far, they provide insight into what legislators are aiming to achieve. We can look the latest regulation attempts—HB 4061 and HB 5477, two similar bills that MI Representative Lori Stone introduced in 2021 and 2023, respectively—to better understand what future regulations may look like in Michigan.
Key Provisions that HB 4061 or HB 5477 Would Have Established:
- Age Restrictions: The bills would have prohibited the sale of kratom to individuals under 21 years old.
- Prohibition of Potentially Harmful Products: Each bill would have prohibited adulterated kratom products and products containing synthetic kratom alkaloids. Each bill would have also prohibited products with an amount of 7-hydroxymitragynine greater than 2% of the total alkaloid content.
- Lab Testing Requirements: The bills would have required manufacturers to have raw materials tested by a qualified laboratory. This testing would have ensured products were compliant with the proposed formulation restrictions.
- Labeling Requirements: HB 4061 and HB 5477 would have required manufacturers to display specific warning statements on their packaging. Proposed warnings included: that a customer consult a physician before use; to refrain from use if you are pregnant, planning to be become pregnant, or breastfeeding; and to keep the product away from children. They also would have required manufacturers to display the alkaloid content on the label.
- Licensing Process: In-person and online businesses would have been required to apply for a license to sell or manufacture kratom in Michigan.
- Penalties for Violations: If either of the bills passed, anyone in violation of the law would have faced fines of $500-$1000. Violators of the law would have also faced potential denial, suspension, or revocation of their license.
- LARA Oversight: The Michigan Department of Licensing and Regulatory Affairs (LARA) would have been responsible for managing the licensing processes.
HB 5477 passed through the House of Representatives in 2022 but died in the Michigan Senate. HB 4061 made little progress, but had many supporters in the House of Representatives. Hopefully legislators will introduce a similar bill in the next legislative session to protect consumers from potentially harmful products.
As the legal landscape surrounding kratom continues to evolve, it’s important to stay informed about the latest developments that could impact the kratom market in Michigan.
Traveling Into and Out of the Mitten with Kratom
Planning a road trip into or out of Michigan? If you’re bringing your favorite kratom products with you, it’s important to be aware of kratom laws in neighboring states.
It is currently legal to travel through Ohio with kratom, but illegal to bring kratom into Indiana or Wisconsin.
Indiana – Two active alkaloids in kratom, mitragynine and 7-hydroxymitragynine, are considered controlled substances in Indiana. This means it is against the law to travel through Indiana with kratom, even if you’re coming from a state where it is legal.
Wisconsin – Wisconsin has similarly placed mitragynine and 7-hydroxymitragynine on their list of controlled substances. In 2023, the House of Representatives introduced a bill to remove kratom alkaloids from the controlled substances list and create consumer protection regulations instead, but this bill did not pass the Wisconsin Senate.
If you are driving through one of these states with kratom in your vehicle and a police officer pulls you over or you get into an accident, state law enforcement officials could charge you with severe criminal penalties.
So what should you do if you need to travel through Indiana or Wisconsin to get to Michigan? Consider bringing just enough kratom to get you to the Wisconsin or Indiana border. Travel through these states without kratom, then you can buy products like kratom tea in Michigan once you’ve arrived.
Related: How to Travel by Plane with Different Kratom Products
Keep in mind, local and state kratom laws can change quickly. To avoid legal issues, always double check the most recent laws before traveling with kratom.
Safety Guide: What to Look for When Buying Kratom in Michigan
Since kratom is not yet regulated in Michigan, here’s what to look out for to ensure you’re buying high-quality and safe products.
- Independently Tested with Accessible Lab Results: Make sure to buy kratom from a company that has an independent lab test their products to verify their quality and purity. Many of the most reputable sellers will provide easy access to the testing results on their websites.
- Thorough Product Labeling: The product label should clearly list all ingredients, the alkaloid content (like mitragynine and 7-hydroxymitragynine), and any health or safety warnings. Labels should also include instructions on proper use and storage, helping you make informed decisions.
- Proper Packaging and Storage: Companies should package and store kratom in a way that protects it from contamination, moisture, and damage. This ensures the product stays fresh and maintains its potency. Look for products in sealed, airtight packaging that keeps it safe from outside elements.
- Regulatory Compliance: Check that the kratom supplier follows industry regulations and follows Current Good Manufacturing Practices (CGMP). These practices ensure that products are consistently produced according to high standards. This can reduce the risk of contamination or degradation.
Ban vs Regulation: What’s the Difference?
The US Food and Drug Administration has not yet approved kratom as a food or dietary supplement. This means there are no specific federal guidelines for how kratom products have to be made or sold.
In the absence of federal regulation and enforcement of safety standards for kratom, some companies have created unsafe product formulations, sold poorly labeled products, and used predatory marketing tactics to sell kratom-derived products.
To stop this from happening, many individual US states have tried to establish laws for kratom. There are two common approaches states take for managing kratom, both of which Michigan lawmakers have tried to impose in the last decade: bans and regulations.
Potential Impact of a Michigan Kratom Ban
If a state legislature wants to completely prohibit kratom, it will typically add kratom (or two of its primary active alkaloids, mitragynine and 7-hydroxymitragynine) to the state list of controlled substances.
In 2014, Michigan Representative George Darany introduced one bill to make it a misdemeanor to sell or give kratom to minors and a second bill to add all forms of kratom to Schedule 5 of the state list of controlled substances.
Schedule 5 drugs are technically accessibly via prescription in Michigan, but because kratom is not an FDA-approved drug, this proposed law would have made it impossible for MI residents to legally access kratom products.
In 2019, a member of the Michigan Senate, Senator John Bizon, introduced a bill (SB 433) to add kratom to the list of Schedule 2 controlled substances. Schedule 2 is an even more restrictive category that would have resulted in more severe criminal penalties for anyone who sold or possessed kratom in Michigan.
How Prohibition Would Hurt Michigan Residents
Legislators introduce this type of legislation because, in theory, the laws would prevent people from consuming kratom. Yet in reality, controlling a substance just criminalizes consumers and pushes the market underground.
When kratom is prohibited, consumers who rely on it for improved quality of life may still try to buy products from vendors willing to sell kratom illegally. Additionally, they may seek out other substances that have greater risks or do not work as well.
Benefits of Establishing MI Kratom Regulations
Just a few months after introducing SB 433, Senator Bizon told a local Michigan news outlet that he was reconsidering his position on kratom after he found out that kratom is a helpful harm reduction tool for many state residents.
Michigan lawmakers like Senator Bizon still want to prevent minors from accessing kratom products. However, they are no longer trying to criminalize adults for using kratom.
So instead of introducing prohibitionist legislation, in recent years Michigan lawmakers have tried to pass consumer protection regulations.
Related: Why Top Tree Supports the Kratom Consumer Protection Act (and Why You Might Want to Support It, Too)
Unlike bans, which may push kratom consumers into black markets, regulations establish standards for production, testing, and labeling (like those found in HB 4061 listed above) to keep consumers safer.
What Can You Do to Protect Consumers of Kratom in Michigan?
While kratom remains legal in Michigan, there are no regulations in place to protect adults and children from potentially harmful products.
A lack of regulation puts consumers at risk of accidentally buying unsafe products or misusing poorly labeled products. It also means there is a greater likelihood that kratom will be sold to minors.
If you’re interested, there are many ways you can participate in reducing these risks.
Here’s how you can help:
- Contact Your Local Legislators: Encourage your elected officials to pass regulations that establish safety standards for kratom. By supporting kratom regulations, you’re helping to create a safer environment for consumers while addressing public health concerns. Don’t know how to contact the lawmakers for your district or don’t know who they are? You can use this tool to find out.
- Advocate Out of State: Kratom bans in states like Wisconsin, Indiana, Arkansas, and Alabama can have a big impact on residents of other states. Even if you don’t live in a state where kratom is banned, you can advocate for better kratom laws in those states, as well as for federal regulations.
- Support Other Kratom Consumers: Share your experience with other consumers to help them understand how to buy and consume kratom products safely.
Advocating for stronger regulations isn’t just about more oversight—it’s about ensuring safer products and practices. When regulations are in place, they help promote transparency, set quality standards, and protect consumers, ultimately fostering a safer environment for everyone.
Final Reminders Before You Go
Is kratom legal in Michigan in 2024? Yes, but there are challenges in the state that residents need to be aware of. Here is a quick the recap of the issues laid out above:
- Recent attempts to pass laws to ensure that companies formulate, manufacture, label, and sell products safely failed in Michigan. Take care when choosing products to make sure they’re high quality.
- While kratom is legal in Michigan, neighboring states like Indiana and Wisconsin have banned its use. Travelers should stay informed and research the laws in each state they plan to travel through. Kratom laws differ from state to state and there are no overarching federal regulations.
- If you live in Michigan and want to ensure safe access to kratom for yourself and your fellow residents in the future, consider joining advocacy efforts to pass a Michigan kratom consumer protection law.
In a state like Michigan where kratom is unregulated, the best thing you can do if you are a kratom consumer is stay informed. By actively seeking out reliable information about kratom science, culture, and laws, you can make safer choices for your health and for others’ wellbeing, too.
With a collective push, we can help shape a safer future for kratom use in Michigan and beyond.
