Kratom is not legal in Alabama. Since 2016, the state has classified kratom’s two active alkaloids as Schedule I controlled substances, which puts kratom in the same legal category as heroin and LSD. Possessing any amount is a felony, and selling or distributing it carries even harsher penalties. Alabama is one of only six states with an outright ban, and no bill to change that is currently pending.
What the Ban Covers
Alabama Code § 20-2-23 lists mitragynine and 7-hydroxymitragynine, the two alkaloids in the kratom plant responsible for its psychoactive effects, as Schedule I substances. The statute targets the compounds rather than the plant by name, but the practical effect is the same: because virtually all kratom naturally contains both alkaloids, every kratom product on the market is illegal in Alabama.
The ban reaches every point of contact. Possessing kratom, buying it, selling it, manufacturing it, and distributing it are all separate offenses. Form doesn’t matter. Powder, capsules, raw leaves, brewed tea, and concentrated extracts all fall under the same rules if they contain the scheduled alkaloids.
Ordering kratom online carries the same risk as buying it in person. Once a package containing kratom crosses into Alabama, whoever receives it is in possession of a Schedule I substance.
Penalties for Possession
Possessing kratom in any quantity is unlawful possession of a controlled substance, a Class D felony.1Alabama Legislature. Alabama Code 13A-12-212 – Unlawful Possession or Receipt of Controlled Substances The sentence range runs from one year and one day up to five years in prison.2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies The court can add a fine of up to $7,500.3Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
Amount doesn’t change the basic possession charge. A single capsule and a jar of powder are both felony possession of a Schedule I substance.
Penalties for Selling or Distributing
Selling, delivering, or otherwise distributing kratom is unlawful distribution of a controlled substance, a Class B felony. The prison range is two to twenty years,2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies and fines can reach $30,000.3Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
Large quantities can also expose someone to trafficking charges under Alabama Code § 13A-12-231, which carries mandatory minimum sentences that scale with weight.
Enhancements That Stack on the Base Sentence
Several circumstances push kratom sentences well past the ranges above.
- Selling or giving any Schedule I substance to someone under 18 is a Class A felony, punishable by ten years to life and fines up to $60,000. Suspended sentences and probation are prohibited for this offense.4Alabama Legislature. Alabama Code 13A-12-215 – Sale, Furnishing, Etc., of Controlled Substances to a Minor
- Selling a controlled substance on or within a three-mile radius of any public or private school, college, or university adds five mandatory years, with no probation.5Alabama Legislature. Alabama Code 13A-12-250 – Additional Penalty If Unlawful Sale on or Near School Campus
- Selling within a three-mile radius of a public housing project adds another five mandatory years, also with no probation.6Alabama Legislature. Alabama Code 13A-12-270 – Additional Penalty for Unlawful Sale Within Three-Mile Radius of Public Housing Project
These enhancements stack on top of the base sentence. A distribution conviction near a school could mean two to twenty years plus five additional mandatory years.
Consequences That Outlast the Sentence
p>A felony kratom conviction creates problems that continue after prison. Because even simple possession is a felony punishable by more than a year, a conviction triggers a permanent federal ban on possessing firearms or ammunition, lifted only by expungement or pardon.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Federal law also lets courts deny federal benefits after a drug conviction. A first possession conviction can bring up to one year of ineligibility for federal grants, contracts, and loans, or a drug treatment requirement. A second conviction can mean up to five years. Distribution convictions run harsher: up to five years for a first offense, up to ten for a second, and permanent ineligibility for a third.8Office of the Law Revision Counsel. 21 USC 862 – Denial of Federal Benefits to Drug Traffickers and Possessors
A felony record also affects employment, professional licensing, housing applications, and voting rights.
Federal Law Treats Kratom Differently
Kratom is not a federally scheduled substance. Neither mitragynine nor 7-hydroxymitragynine appears on the DEA’s controlled substance schedules, so kratom itself is legal under federal law. The FDA takes a narrower approach, treating kratom-containing dietary supplements as adulterated and authorizing border seizures of imports through a standing import alert.9U.S. Food and Drug Administration. Import Alert 54-15 – Detention Without Physical Examination of Dietary Supplements and Bulk Dietary Ingredients That Are or Contain Mitragyna Speciosa or Kratom In July 2025, the FDA recommended that the DEA schedule 7-hydroxymitragynine, but no action has been taken.
The gap between federal law and Alabama law is where people get caught. Kratom sold openly at a gas station in a neighboring state becomes a Schedule I substance the moment it crosses the Alabama line.
Is the Law Likely to Change
Some states have passed versions of the Kratom Consumer Protection Act, which regulates age of sale, labeling, and adulterated products rather than banning kratom outright. Alabama has not introduced comparable legislation. As of early 2025, no bill to legalize or regulate kratom was pending, and the state’s total ban remains in force with felony-level enforcement.