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Status Indicators
- BANNED for sale, supply, and import under PSA 2016
- Simple possession is NOT a criminal offense
- Not classified under the Misuse of Drugs Act 1971
- PSA 2016 applies UK-wide, Scotland has not opted out
At a Glance
| Field | Value |
|---|---|
| Legal Status | Banned for Sale (PSA 2016) |
| Simple Possession | Not illegal |
| Age Limit | N/A (sale banned) |
| Regulated | Yes, PSA 2016 |
| Controlled Substance | No |
| Last Policy Change | May 2016 |
Understanding UK-wide vs. Devolved Law
Scotland has one of the most extensive devolution settlements in the UK, with the Scottish Parliament holding powers over areas including health, education, and aspects of criminal justice. However, drug classification and the regulation of psychoactive substances remain reserved matters, meaning they are legislated at the Westminster level, not by the Scottish Parliament.
The PSA 2016 was passed by Westminster and applies across Scotland without requiring the consent or separate implementation of the Scottish Parliament. While Police Scotland enforces the PSA 2016 within Scottish jurisdiction, and the Crown Office and Procurator Fiscal Service (COPFS) handles prosecutions in Scotland rather than the CPS, the underlying legislation is identical to that enforced in England, Wales, and Northern Ireland.
There has been ongoing political discussion in Scotland about devolving drug policy more broadly, particularly in relation to the Misuse of Drugs Act and Scotland’s drug death crisis. However, as of 2026, the PSA 2016 remains a reserved Westminster matter and applies fully in Scotland.
The Psychoactive Substances Act 2016
The PSA 2016 bans the production, supply, offering to supply, import, and export of psychoactive substances for human consumption. Kratom falls under this blanket ban. Simple possession is not criminalized. In Scotland, prosecutions under the PSA 2016 are handled by the COPFS rather than the CPS, but the offenses and penalties are the same as in the rest of the UK.
Legislative Timeline
| Date | Event |
|---|---|
| January 2016 | PSA 2016 receives Royal Assent |
| May 26, 2016 | PSA 2016 comes into force, kratom supply banned across Scotland |
| Pre-2016 | Kratom was legal to buy and sell in Scotland |
Penalties for Non-Compliance
- Supply / Offering to Supply: Up to 7 years imprisonment and/or unlimited fine (on indictment)
- Production: Up to 7 years imprisonment and/or unlimited fine
- Import / Export: Up to 7 years imprisonment and/or unlimited fine
- Possession with intent to supply: Up to 7 years imprisonment and/or unlimited fine
- Simple possession: NOT a criminal offense
Prosecutions in Scotland are handled by the Crown Office and Procurator Fiscal Service (COPFS), not the Crown Prosecution Service (CPS) used in England and Wales.
Buying & Shipping to Scotland
Importing kratom into Scotland for human consumption is a criminal offense under the PSA 2016. UK Border Force operates at Scottish ports and airports. Most reputable international vendors will not ship kratom to UK addresses. Ordering kratom from overseas carries significant legal risk.
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Q: Is it illegal to possess kratom in Scotland?
A: No. Simple possession of kratom is not a criminal offense under the PSA 2016. Only production, supply, import, and export for human consumption are criminalized. However, possession with intent to supply is an offense.
Q: Can I order kratom online in Scotland?
A: Importing kratom for human consumption is a criminal offense under the PSA 2016, carrying penalties of up to 7 years imprisonment. UK Border Force may intercept and seize shipments arriving at Scottish ports and airports.
Q: What are the penalties for selling kratom in Scotland?
A: Supplying kratom for human consumption carries up to 7 years imprisonment and/or an unlimited fine on conviction on indictment. Prosecutions in Scotland are handled by the COPFS.
Q: Is kratom a controlled drug in Scotland?
A: No. Kratom is not classified under the Misuse of Drugs Act 1971. It is banned under the Psychoactive Substances Act 2016, which uses a blanket definition. Kratom possession does not carry the same consequences as possession of a Class A, B, or C drug.
