Is Kratom Legal in Indiana? (2026 Law)

Kratom is not named in any Indiana statute, but its two main alkaloids are controlled. Mitragynine and 7-hydroxymitragynine (7-OH) are listed in the Indiana Code definition of "synthetic drug" (IC 35-31.5-2-321), and IC 35-48-2-4(g) places synthetic drugs in Schedule I, so possessing a substance containing either compound without a prescription is a Class A misdemeanor (a Level 6 felony with an enhancing circumstance) and selling it is a felony. Indiana has no kratom age limit or retail sales law. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana state law on kratom and its alkaloids: the synthetic drug definition (IC 35-31.5-2-321), Schedule I (IC 35-48-2-4), the possession and dealing offenses in IC 35-48-4, the enhancing circumstances in IC 35-48-1.1-18, the sentencing ranges in IC 35-50, the federal-adoption rule in IC 35-48-2-1, and related driving and overdose provisions, with one paragraph on federal law. It does not cover city or county ordinances, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Indiana?

Indiana regulates kratom through its chemistry, not its name. The words "kratom" and "Mitragyna speciosa" do not appear in the Indiana Code's drug definitions or schedules. What does appear is a long list of chemical compounds in the definition of "synthetic drug," and two entries on that list are the main kratom alkaloids.

IC 35-31.5-2-321 begins:

"'Synthetic drug' means the following: (1) A substance containing one (1) or more of the following chemical compounds, including an analog of the compound:"

The compound list that follows includes the separate entries "7-hydroxymitragynine." and "Mitragynine." Schedule I then picks up the whole definition. IC 35-48-2-4(g) lists:

"Synthetic drugs as defined in IC 35-31.5-2-321."

The result is that mitragynine and 7-OH are Schedule I controlled substances in Indiana. Both entries appear in editions of the Code from 2018 through 2026.

What the Indiana definition covers

The definition targets "a substance containing" a listed compound, "including an analog of the compound." It covers mitragynine and 7-OH alike, so Indiana's rule is broader than the 7-OH-only rules some states have adopted.

The definition does not mention the kratom plant, leaf material or any concentration threshold. It sets no minimum amount of mitragynine or 7-OH a product must contain. How the phrase "a substance containing" applies to a particular leaf or extract product is a question of interpretation; this page cites no Indiana court decision on it.

The definition also has a catch-all for compounds the Board of Pharmacy adds. Subdivision (13) reaches "Any compound determined to be a synthetic drug by rule adopted under IC 25-26-13-4.1," and IC 25-26-13-4.1 provides: "The board may adopt an interim rule to declare that a substance is a synthetic drug in accordance with the requirements of IC 4-22-2.3-8."

For the controlled-substance offenses, IC 35-48-1.1-7 defines "controlled substance" as "a drug, substance, or immediate precursor in schedule I, II, III, IV, or V" under the listed schedule sections, including IC 35-48-2-4.

Age limits and sales rules

Indiana has no kratom-specific age limit, label requirement, product registration or Kratom Consumer Protection Act. Indiana instead treats the listed compounds as Schedule I substances.

Selling a product containing mitragynine or 7-OH falls under the general dealing offense described below, and buying or holding one falls under the possession offense. Both apply regardless of age.

A store can also lose its registered retail merchant's certificate. The Department of State Revenue may revoke it for good cause, including a conviction under IC 35-48-4 involving the sale of a synthetic drug in the normal course of business, and a business whose certificate is revoked on that ground must wait one year to reapply (IC 6-2.5-8-7(a)(5)). In an Attorney General deceptive-sales action, a court may also order the certificate suspended if the violation involved the sale of a synthetic drug (IC 24-5-0.5-4(c)(6)).

Indiana once had separate offenses for dealing in and possessing synthetic drugs (IC 35-48-4-10.5 and 35-48-4-11.5). Both were "Repealed by P.L.80-2019," so since 2019 synthetic drugs, including the two kratom alkaloids, are handled by the general Schedule I offenses.

Penalties for kratom possession and sale in Indiana

Possession

IC 35-48-4-7 makes it a crime to possess a Schedule I substance without a prescription:

"(a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner's professional practice, knowingly or intentionally possesses a: (1) controlled substance or controlled substance analog (pure or adulterated), classified in schedule I, except marijuana, hashish, or salvia; ... commits possession of a controlled substance, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is a Level 6 felony if the person commits the offense and an enhancing circumstance applies."

Simple possession is a misdemeanor. It becomes a felony only when an enhancing circumstance, defined in IC 35-48-1.1-18, applies.

Indiana's paraphernalia laws also name synthetic drugs. Keeping for sale or selling an item designed or marketed to be used primarily with a synthetic drug or controlled substance is a Class A infraction, a Class A misdemeanor if done knowingly, and a Level 6 felony with a prior judgment or conviction under that section (IC 35-48-4-8.5). Possessing an item a person intends to use with a controlled substance is a Class C misdemeanor, or a Class A misdemeanor with a prior unrelated judgment or conviction under that section (IC 35-48-4-8.3).

Dealing (manufacture, delivery or possession with intent)

IC 35-48-4-2 covers anyone who knowingly or intentionally manufactures, finances the manufacture of, delivers or finances the delivery of a Schedule I substance, "pure or adulterated," or possesses it with intent to do so. The base offense is "dealing in a schedule I, II, or III controlled substance, a Level 6 felony," and the level rises with "the amount of the drug involved."

A conviction for possession with intent to deliver requires more than weight alone. Under IC 35-48-4-2(b), it is allowed only if "there is evidence in addition to the weight of the drug that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug" or "the amount of the drug involved is at least twenty-eight (28) grams."

Penalty table

The weight tiers measure "the amount of the drug involved," and both the possession and dealing sections apply to the substance "pure or adulterated."

Enhancing circumstances

IC 35-48-1.1-18 lists the circumstances that turn possession into a Level 6 felony and move dealing up a level. The list begins:

"(1) The person has a prior conviction for dealing in a controlled substance that is not marijuana, hashish, hash oil, or salvia divinorum. (2) The person committed the offense while in possession of a firearm. (3) The person committed the offense: (A) on a school bus; or (B) in, on, or within five hundred (500) feet of: (i) school property while a person under eighteen (18) years of age was reasonably expected to be present; or (ii) a public park while a person under eighteen (18) years of age was reasonably expected to be present. (4) The person delivered or financed the delivery of the drug to a person under eighteen (18) years of age at least three (3) years junior to the person. (5) The person manufactured or financed the manufacture of the drug."

Because manufacturing is on the list, a manufacturing charge is always enhanced: under 1 gram it is a Level 5 felony (IC 35-48-4-2(c)(2)). "Manufacture" includes processing a controlled substance and "any packaging or repackaging of the substance or labeling or relabeling of its container" (IC 35-48-1.1-28).

The section continues with further circumstances. A 2026 act (P.L.145-2026) amended this section; the text quoted above is from the 2026 edition of the Code.

The marijuana conditional discharge does not apply

Indiana's conditional discharge for a first possession offense, IC 35-48-4-12, is limited to marijuana, hashish, salvia and smokable hemp. It does not reach possession of mitragynine, 7-OH or other Schedule I synthetic drugs.

Other routes are discretionary rather than automatic. A prosecutor may offer pretrial diversion for a misdemeanor or a Level 6 or Level 5 felony (IC 33-39-1-8), and a court may, with the defendant's and the prosecutor's consent, defer a misdemeanor in which drug use is a contributing factor or material element for up to one year and dismiss it if the conditions are met (IC 12-23-5-2 and 12-23-5-4).

Overdose response immunity

IC 16-42-27-2 gives immunity from prosecution for certain possession offenses, including IC 35-48-4-7 and "an offense under IC 35-48-4 involving possession of a synthetic drug (as defined in IC 35-31.5-2-321)," to a person who meets the conditions in subsection (g). Those conditions are tied to obtaining and administering an overdose intervention drug to someone who appeared to be experiencing an opioid-related overdose and then requesting emergency help and cooperating with law enforcement. It is not a general immunity for anyone who calls for help.

Research use

The controlled-substances act allows research with Schedule I substances by registration. Under IC 35-48-3-3(d), "Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the board in accordance with the registration." This route is for registered practitioners, not the public.

Recent changes and how federal scheduling reaches Indiana

The 2026 edition of the Indiana Code shows no 2026 act amending IC 35-31.5-2-321 or IC 35-48-2-4. The latest credits on those sections are 2025 acts, including the 2025 recodification (P.L.186-2025) that moved the controlled-substance definitions into IC 35-48-1.1. The mitragynine and 7-OH entries remain in the definition.

Indiana does not adopt stricter federal scheduling automatically. IC 35-48-2-1(d) provides:

"If any substance is designated or rescheduled to a more restrictive schedule as a controlled substance under federal law and notice is given to the board, the board shall recommend similar control of the substance under this article in the board's report to the general assembly, unless the board objects to inclusion or rescheduling."

So when the DEA placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I on August 26, 2026, the Indiana route for adding them to the state schedules was a board recommendation to the General Assembly or a board interim rule under IC 25-26-13-4.1. This page cites no Indiana rule or act naming those three compounds. Indiana's definition also covers "an analog of" each listed compound, and the possession and dealing offenses reach a "controlled substance analog" (IC 35-48-1.1-8), so these derivatives are not necessarily outside Indiana law even without a rule naming them. Indiana already lists 7-OH and mitragynine in Schedule I under its own law, whatever the DEA decides about 7-OH.

Federal kratom law

Federal law does not list kratom leaf, mitragynine or 7-hydroxymitragynine in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries only three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026. A new DEA notice of intent (FR Doc. 2026-20943), filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, proposes temporary Schedule I control of 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or where the amount of mitragynine divided by the amount of those substances is less than 100. That notice states that DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change," to distinguish them from mitragynine pseudoindoxyl. Neither notice is an order, and the DEA says neither new temporary order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires or is replaced by the new temporary orders, whichever comes first. The FDA says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food, and it "has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD)." Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Indiana's impaired-driving law has two routes that can matter here. Under IC 9-30-5-2, operating a vehicle while "intoxicated" is a Class C misdemeanor, or a Class A misdemeanor if it endangers a person, and IC 9-13-2-86 defines "intoxicated" to include being under the influence of a controlled substance, another drug or "any other substance" so that there is "an impaired condition of thought and action and the loss of normal control of a person's faculties." Separately, IC 9-30-5-1(c) makes it a Class C misdemeanor to operate a vehicle "with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood". Because IC 35-48-2-4(g) lists synthetic drugs, including mitragynine and 7-OH, in Schedule I, the text of this offense reaches a driver with either compound or its metabolite in the blood; this page cites no Indiana appellate decision applying it to kratom alkaloids. Our guide to Indiana DUI laws covers penalties.

A conviction for possession or dealing creates a criminal record. Whether and when it can be sealed is covered in our guide to Indiana expungement laws.

Related

• Kratom laws by state
• Indiana DUI laws
• Indiana expungement laws
• Indiana psilocybin mushroom laws

This article provides general legal information about Indiana state law as of October 11, 2026. It is not legal advice. Quotations of the Indiana Code come from the 2026 edition published by the Indiana General Assembly. Bills from the 2027 session could change these rules; check the General Assembly's website for current law. For advice about a specific situation, contact a lawyer licensed in Indiana.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Indiana?

No statute names kratom, but mitragynine and 7-hydroxymitragynine are listed as synthetic drugs in IC 35-31.5-2-321, and IC 35-48-2-4(g) puts synthetic drugs in Schedule I. Possessing a substance containing either compound without a prescription is a Class A misdemeanor under IC 35-48-4-7.

Is 7-OH legal in Indiana?

7-hydroxymitragynine is one of the compounds in Indiana's synthetic drug definition (IC 35-31.5-2-321), which Schedule I includes through IC 35-48-2-4(g). Possession is a Class A misdemeanor, or a Level 6 felony with an enhancing circumstance.

What is the penalty for kratom possession in Indiana?

Possession of a Schedule I substance is a Class A misdemeanor, punishable by up to 1 year and a fine of up to $5,000 (IC 35-50-3-2). With an enhancing circumstance it is a Level 6 felony, 6 months to 2.5 years with an advisory sentence of 1 year and a fine of up to $10,000 (IC 35-50-2-7(b)).

What is the penalty for selling kratom in Indiana?

Delivering or manufacturing a Schedule I substance, or possessing it with intent to deliver, is dealing under IC 35-48-4-2: a Level 6 felony at minimum for delivery, at least a Level 5 felony for manufacturing (an enhancing circumstance in itself), and up to a Level 2 felony (10 to 30 years) at 28 grams or more.

Is there a kratom age limit in Indiana?

No. Indiana has no kratom-specific age rule because it has no kratom sales law; the Schedule I possession and dealing offenses apply at every age.

Does the federal DEA order on kratom derivatives apply in Indiana?

Federal Schedule I controls apply nationwide under federal law. For Indiana's own schedules, IC 35-48-2-1(d) provides that when a substance is placed in a more restrictive federal schedule, the Board of Pharmacy recommends similar control to the General Assembly, unless it objects.