Legality Guide

Updated Apr 2026

Is Kratom Legal in Is Kratom Legal in Wisconsin??

Kratom is illegal in Wisconsin. The state classified mitragynine and 7-hydroxymitragynine as Schedule I controlled substances in 2014 under Wisconsin Statute Section 961.14, with the law signed in April 2014 and effective in May 2014. Wisconsin was the first state to ban kratom and the classification has not changed since. AB 393 was introduced in the 2023, 2024 session as a potential KCPA framework but did not pass.

Status

Banned

Schedule I controlled substance since 2014.

Quick Answer

No. Kratom alkaloids are Schedule I controlled substances in Wisconsin under Wis. Stat. Section 961.14, effective since May 2014. Possession, sale, and distribution all carry felony penalties.

Age Requirement

N/A Years Old

Local Bans

None

Regulated

No

Status Indicators

  • BANNED. Schedule I controlled substance since May 2014
  • Wis. Stat. Section 961.14 lists mitragynine and 7-hydroxymitragynine
  • Possession, sale, and distribution all illegal statewide
  • Wisconsin was the first US state to ban kratom

At a Glance

Field Value
Legal Status Banned
Age Limit N/A
Regulated No
Controlled Substance Yes (Schedule I)
Last Policy Change May 2014 (Schedule I effective)

Understanding Federal vs. State Law

Kratom is federally unscheduled. Wisconsin acted independently in 2014 to classify mitragynine and 7-hydroxymitragynine as Schedule I controlled substances under Wis. Stat. Section 961.14. Schedule I in Wisconsin treats these alkaloids the same as heroin or LSD for prosecution purposes. Federal legality provides no protection inside Wisconsin.

KCPA Section

No KCPA has been enacted in Wisconsin. AB 393 was introduced in the 2023, 2024 session as a potential consumer protection framework but did not pass before adjournment. No companion bill has advanced.

Legislative Timeline

Date Event
April 2014 Wisconsin signs the Schedule I classification of mitragynine and 7-hydroxymitragynine
May 2014 Schedule I status takes effect statewide under Wis. Stat. Section 961.14
2023, 2024 session AB 393 introduced as a possible KCPA framework. Did not pass.

Penalties

Schedule I possession in Wisconsin is a felony. Penalty severity scales with quantity and intent. Sale and manufacturing carry higher penalties under Wis. Stat. Chapter 961.

Buying & Shipping to Wisconsin

Do not ship kratom to a Wisconsin address. Most reputable vendors block Wisconsin at checkout. Receiving kratom in Wisconsin exposes the recipient to Schedule I felony possession penalties even if the product was purchased legally elsewhere.

Q: Is kratom legal in Wisconsin?

A: No. Wisconsin classified kratom alkaloids as Schedule I controlled substances under Wis. Stat. Section 961.14, effective May 2014.

Q: When did Wisconsin ban kratom?

A: April 2014 (signing), May 2014 (effective). Wisconsin was the first US state to ban kratom.

Q: Can I drive through Wisconsin with kratom?

A: No. Possession is a state felony. Travelers on I-90, I-94, or I-43 should not transit Wisconsin with kratom.

Q: Can I fly into Wisconsin with kratom?

A: No. Milwaukee Mitchell International, Madison, and Green Bay airports fall under state jurisdiction. Arriving with kratom violates state law.

Q: Is there any active legalization effort in Wisconsin?

A: AB 393 was introduced in the 2023, 2024 session as a potential KCPA framework but did not pass. No successor bill has advanced as of this update.

Sources


The Kratom Consumer Protection Act (KCPA)


County & City Restrictions

No local ordinances apply. The statewide Schedule I classification covers all of Wisconsin.

Are there any localized bans in Is Kratom Legal in Wisconsin??

No separate local bans. The statewide ban governs.

At a Glance

Legal Status

Banned

Age Limit

N/A

Regulated

No

Controlled Substance

Yes

Last Policy Change

May 2014 . AB 393 introduced as KCPA proposal, did not pass.

Legislative Timeline

The history of kratom legislation and regulation within Is Kratom Legal in Wisconsin?.

Penalties for Non-Compliance

Vendor Violations

Selling to minors constitutes a Class C misdemeanor.

Distributing adulterated products can result in severe fines.

Repeat offenses may lead to criminal charges.

“The passage of the KCPA in Is Kratom Legal in Wisconsin? represents a critical step forward in balancing consumer access with rigorous safety standards.”

Policy Analyst

Frequently Asked Questions