Updated: April 10, 2022
Prior to launching an e-commerce store with the intent to sell CBD products, Delta-8/9 or Kratom, it’s important to remain aware of state laws and federal guidelines.
The Federal Trade Commission (FTC) strictly prohibits CBD sellers from publishing unsupported or unsubstantiated health benefit statements in their advertising and marketing.
Online sellers of federally regulated hemp products or kratom are not allowed to publish any statements suggesting that CBD may be effective at treating serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others.”
This restriction includes; gummies, candies, and all CBD-infused chewable foods.
*Updated September 2021:
There must be a clearly visible statement on the website checkout page informing buyers that the sale of CBD edibles is prohibited restricted in their state.
Visa and MasterCard will not support transactions involving the sale of kratom. For that reason, will not offer merchant accounts to kratom sellers.
If a traditional payment processor discovers a merchant violating Visa and MasterCard policy, that merchant account will be terminated the merchant will be placed on the ‘Match List’.
Kratom is banned in several US states or considered “illegal” in others. These states include; Rhode Island, Arkansas, Vermont, Indiana, Tennessee, and Wisconsin.
Furthermore, there are municipalities within states that have banned the sale or distribution of kratom; Sarasota Florida, a couple of municipalities in Colorado, San Diego California, several counties and cities in Mississippi, Franklin New Hampshire, and Jerseyville Illinois.
Learn more about this substance by getting our free Kratom FAQ Guide. Again, these legal facts must be understood.
Extremely restrictive state law. For industrial uses only.
Washington D.C.: the District of Columbia classifies all extracts from cannabis as hashish, a term which was not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.
*Source: Buscher Law Firm. Experts in cannabis, hemp and CBD. https://is.gd/tZlOSx
|Alabama||Banned||Banned in 2016, May- Schedule I drug|
|Alaska||Legal||No pending legislative action.|
Arizona HB2601 “Amending sections 36-795, 36-795.01, 36-795.02 and 36-795.o3, Arizona Revised Statutes; relating to kratom products”Regulating
|Arkansas||Banned||Banned in 2016, February- added to the list of controlled substances using AR code§ 5-4-201 (a)(1)(A)(i).|
|California||Legal||Banned in San Diego in 2016, June by ordinance 20657|
No pending legislative action.
Colorado SB22-120 “Regulation Of Kratom Processors”
Effective January 1, 2023, the bill requires that, prior to selling or offering for sale any kratom product, each kratom processor must register with the department of revenue (department) and disclose certain information regarding each of the kratom processor’s kratom products.
The bill also:
|Connecticut||Legal||No pending legislative action|
|Delaware||Legal||No pending legislative action|
|Florida||Legal||Banned in Sarasota County by HB183 in 2016|
|Georgia||Legal||The decision of ban lifted by efforts of Kratom advocates|
No pending legislative action.
Note: These two bills from Hawaii’s House and Senate are identical – introduced and referred to the same committees on the same date
Summary: Vendor as written in these bills is an all-encompassing term for anyone from importer to retailer. HB2356/SB3307 would ban the sale of adulterated and contaminated kratom and products with 7-HMG greater than 2%.
Vendors would be prohibited from sales to those under 18. Label requirements include ingredients list, that the sale is prohibited to minors, amount of MTG and 7-HMG, vendor name and address, suggested use, and precautionary statements. Vendors are also subject to lab test by request.
|Idaho||Legal||No pending legislative action|
|Illinois||Legal to adults||Legislation HB5526 passed in 2014 which bans the sale to minors|
|Indiana||Banned||SB0305-Kratom labeled as a synthetic controlled substance|
|Iowa||Legal||Legislation HB640/ HF 2335 that meant to criminalize Kratom was not passed in 2014|
|Kansas||Legal||No pending legislative action|
|Kentucky||Legal||SB136 could have banned it but the bill wasn’t passed.|
|Louisiana||Legal||No pending legislative action|
|Maine||Legal||No pending legislative action|
|Maryland||Legal||No pending legislative action|
|Massachusetts||Legal||No pending legislative action|
|Michigan||Legal||Legislation HB 5707 not passed|
|Minnesota||Legal||Legislation HB 5707 not passed|
|Missouri||Legal||No pending legislative action|
No pending legislative action.
|Montana||Legal||No pending legislative action|
|Nebraska||Legal||No pending legislative action|
|Nevada||Legal||No pending legislative action|
|New Hampshire||Legal to adults||Legislation SB540 bans the use of Kratom in minors|
|New Jersey||Legal||AB 4431 Legislation introduced in 2015 but not implemented as yet|
|New Mexico||Legal||No pending legislative action|
|New York||Legal||Legislations including A231, A8670, S6345 and A9068 introduced on January 5th, 2017 but they are not passed yet. These legislations can ban the sale and distribution of Kratom.|
|North Carolina||Legal||SB830 introduced but not passed|
|North Dakota||Legal||No pending legislative action|
|Ohio||Legal||No pending legislative action|
|Oklahoma||Legal||HB2666 not passed in 2014|
|Oregon||Legal||SB518 introduced. Further research to be done|
|Pennsylvania||Legal||No pending legislative action|
|Rhode Island||Banned||controlled substance|
|South Carolina||Legal||No pending legislative action|
|South Dakota||Legal||No pending legislative action|
|Tennessee||Banned||By Pub. Ch. No. 161- controlled substance|
|Texas||Legal||No pending legislative action|
|Utah||Legal||No pending legislative action|
|Vermont||Banned||By Title 18 V.S.A. § 4205 labeling Kratom as a regulated drug|
|Virginia||Legal||No pending legislative action|
|Washington||Legal||No pending legislative action|
|West Virginia||Legal||No pending legislative action|
|Wisconsin||Banned||Kratom labeled as Schedule I drug by Wis. Stat. § 961.14|
|Wyoming||Legal||No pending legislative action|