Kratom, a plant native to Southeast Asia, has been at the center of both medical interest and legal controversy in the United States for years. Known scientifically as Mitragyna speciosa, kratom has a long history of use as a traditional medicine for pain relief, mood enhancement, and increased energy. Its primary alkaloids, mitragynine and 7-hydroxymitragynine, interact with opioid receptors in the human brain, providing stimulant effects at low doses and sedative or analgesic effects at higher doses.
While kratom has been heralded by some as a natural alternative to prescription opioids, it has also faced scrutiny over potential safety risks, including addiction, contamination, and adverse health reactions. These debates have resulted in a complex patchwork of state-level laws across the United States. Vermont is one such state grappling with the challenge of balancing consumer freedom with public health concerns.
This article offers a comprehensive review of kratom’s legal status in Vermont in 2025, including the background of the state’s current ban, recent legislative developments such as House Bill H.416, and what the future may hold for kratom consumers and vendors in the state.
What is Kratom?
Kratom is a tropical tree from the coffee family, indigenous to Thailand, Indonesia, Malaysia, and other parts of Southeast Asia. The leaves contain active alkaloids, primarily mitragynine and 7-hydroxymitragynine, that influence the brain’s opioid receptors. The effects vary by dosage: lower doses typically produce stimulant-like effects such as increased alertness and sociability, while higher doses result in pain relief and sedation.
In the United States, kratom is marketed for a variety of purposes, including as an herbal supplement for managing chronic pain, enhancing mood, alleviating anxiety, and serving as an aid for opioid withdrawal. However, the U.S. Food and Drug Administration (FDA) has not approved kratom for any medical use and continues to express concerns about its safety.
Is Kratom Legal in Vermont in 2025?
As of June 2025, kratom remains illegal in Vermont. The state classifies the main alkaloids of kratom, mitragynine and 7-hydroxymitragynine, as regulated drugs under Vermont law. This classification effectively prohibits the manufacture, sale, possession, and distribution of kratom products anywhere in the state.
Violations of this ban are subject to criminal penalties, with individuals and businesses risking prosecution for engaging in kratom-related activities. This status places Vermont among a handful of states, including Alabama, Arkansas, Indiana, Rhode Island, and Wisconsin, that maintain full prohibitions on kratom.
Background of the Ban
Vermont’s initial move to ban kratom was largely based on public health concerns, specifically:
- Reports of addiction, withdrawal, and dependency associated with chronic kratom use.
- Incidents of contaminated kratom products containing harmful substances like heavy metals, bacteria, and in some cases, opioids.
- Data suggesting adverse health effects, including seizures, liver damage, psychosis, and, in rare cases, deaths associated with kratom use.
- The position of the FDA and Centers for Disease Control (CDC), both of which have highlighted kratom as a potential public health risk.
Despite these concerns, Vermont’s outright ban has faced criticism for driving consumers toward unregulated black markets where the risk of adulterated products is significantly higher.
The Kratom Consumer Protection Act (House Bill H.416) – A New Approach
In 2025, Vermont lawmakers introduced House Bill H.416, titled the Kratom Consumer Protection Act, representing a significant shift from prohibition to potential regulation.
Purpose of the Bill
The stated purpose of the bill is to protect Vermont consumers by ensuring that kratom products are:
- Free from dangerous adulterants.
- Properly labeled with usage guidelines and health warnings.
- Only sold by licensed processors, distributors, and retailers who comply with state safety standards.
Key Provisions of Vermont House Bill H.416
1. Kratom Product Registry
- Any processor, distributor, or retailer intending to sell kratom in Vermont must register their products with the Vermont Department of Health.
- Registration requires submission of:
- A certificate of analysis from an ISO/IEC 17025 accredited independent laboratory confirming the product is free from harmful contaminants and meets purity standards.
- Assurances of facility compliance with FDA food safety regulations.
- Documentation showing the processor has a reasonable basis for believing that the kratom product is safe for consumption under the conditions outlined on the label.
- The Department will maintain a public online registry of approved kratom products to allow consumers and retailers to verify which products are legally compliant.
2. Product Prohibitions
A processor or distributor cannot sell or maintain kratom products that:
- Are adulterated with dangerous non-kratom substances, including any controlled substance or poisonous additive.
- Contain compounds that inhibit liver enzymes CYP3A4 or CYP2D6 unless scientifically proven safe and approved by the Department of Health.
- Contain synthetic kratom alkaloids or chemically synthesized versions of mitragynine or 7-hydroxymitragynine.
- Are designed for combustion (smoking), vaporization (vaping), or injection.
- Are packaged in a way that is attractive to children, such as resembling candy or well-known food products.
- Contain residual solvents beyond levels permitted by the United States Pharmacopeia (USP) 467 standard.
3. Labeling Requirements
Each kratom product must have a clear and conspicuous label that includes:
- A warning advising against use by anyone under the age of 21, as well as pregnant or breastfeeding individuals.
- A statement that kratom may be habit-forming.
- A federally compliant disclaimer:
“These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.” - Contact details for the manufacturer or distributor.
- Detailed usage instructions, including:
- Recommended amount per serving.
- Maximum number of servings per 24-hour period.
- A listing of servings per container.
- A full listing of alkaloid content, including limits on mitragynine and 7-hydroxymitragynine.
Kratom food service establishments that sell beverages prepared on-site must provide these details either on signage at the point of sale or via printed documentation to customers.
Notably, any product containing 7-hydroxymitragynine levels above 2 percent cannot be labeled as a kratom product.
4. Age Restrictions
It is prohibited to sell kratom to any person under the age of 21. Violations can lead to:
- Fines up to $1,000 and/or imprisonment for up to one year for the first offense.
- Fines up to $2,000 and/or imprisonment for up to two years for second and subsequent offenses.
5. Enforcement and Penalties
- Selling an unregistered kratom product may result in:
- A fine of up to $5,000 per product.
- A fine of up to $10,000 for repeat offenses.
- A potential ban from selling kratom for two years for habitual offenders.
- Selling kratom that contains controlled substances or synthetic alkaloids may result in:
- Imprisonment of up to three years and a fine of $3,000, in addition to other penalties under Vermont criminal law.
- The Department has the authority to demand updated testing if concerns arise regarding a product’s safety.
- Retailers are protected from liability if they can demonstrate they relied in good faith on the product registration provided by their distributors or manufacturers.
6. Rulemaking Authority
The Department of Health is empowered to issue rules to:
- Define approved kratom product delivery forms (such as capsules, powders, or beverages).
- Establish approved extraction methods that comply with health standards.
- Set the required standards for certificates of analysis, including maximum limits for contaminants like heavy metals, residual solvents, and microbial pathogens.
Status of the Bill
As of mid-2025, House Bill H.416 has not yet been enacted into law. The bill is still undergoing committee review and debate within the Vermont legislature. Until it passes, kratom remains illegal in Vermont under the existing ban.
The proposed law includes a clear implementation timeline. According to Section 3 of Vermont House Bill H.416, if enacted, the Kratom Consumer Protection Act would officially take effect on July 1, 2025. This means that all the provisions outlined in the bill, including the registration requirements, labeling standards, product prohibitions, age restrictions, and enforcement measures, would become fully enforceable from that date. Until then, Vermont’s current kratom ban remains in effect, and kratom continues to be classified as a regulated drug in the state.
Why Vermont is Considering Regulation Instead of a Ban
Arguments in Favor of Regulation
- Consumer Protection: Regulation offers safer products by enforcing testing and labeling requirements.
- Reduction of Black Market Risks: Consumers will be less likely to turn to illegal or unregulated sources if legal, safe products are available.
- Public Health Oversight: Regulation allows the state to monitor kratom usage and product safety more effectively.
- Alignment with Other States: States like Utah, Nevada, and Arizona have already implemented Kratom Consumer Protection Acts, providing a model Vermont could follow.
Arguments for Maintaining the Ban
- Health Risks Remain: Concerns persist about kratom’s potential for dependency, misuse, and serious health effects.
- Enforcement Complexity: Ensuring compliance may strain public health and law enforcement resources.
- Lack of FDA Approval: Some policymakers argue that until the FDA approves kratom for consumption, it should remain banned.
How Vermont Compares to Other States
- States Where Kratom is Banned: Vermont, Alabama, Arkansas, Indiana, Rhode Island, Wisconsin.
- States with Regulation: Utah, Nevada, Arizona, Oklahoma, and Oregon, among others, have enacted Kratom Consumer Protection Acts.
- States with No Regulation: Many states still have no active kratom laws, meaning kratom is legal and unregulated.
Conclusion: Is Kratom Legal in Vermont in 2025?
The simple answer is no, kratom remains illegal in Vermont in 2025. The current law criminalizes the possession, sale, and distribution of kratom based on its classification of the alkaloids mitragynine and 7-hydroxymitragynine as regulated drugs.
However, Vermont’s legislature is actively considering a shift toward regulation through the Kratom Consumer Protection Act (House Bill H.416). If passed, this law would legalize kratom under a comprehensive regulatory framework designed to ensure consumer safety and product integrity.
Until then, any interaction with kratom in Vermont remains prohibited under existing law. Consumers, vendors, and advocates are advised to follow the legislative process closely to stay informed about when or if kratom becomes legal and regulated in the state.
If you a a loved one has been harmed by kratom anywhere, get in touch with our kratom lawyer for free case evaluation. Contact us today!