Legality & Compliance
Is Kratom Legal in Wisconsin? 2026 Regulatory Status
- allnaturalartisan
Can You Buy Kratom in Wisconsin?
No. Kratom has been illegal in Wisconsin since 2014 — making it one of the longest-standing kratom bans in the United States.
Wisconsin Statute 961.14 classifies both mitragynine and 7-hydroxymitragynine as Schedule I controlled substances. Possession is a criminal offense.
Manufacturing and distribution are felonies. There are no medical exemptions, no licensed retailers, and no legal pathway to purchase or possess kratom anywhere in the state.
Wisconsin Kratom Legal Status at a Glance
| Category | Status |
|---|---|
|
Legal status |
🚫 Illegal — Schedule I |
|
Effective date |
2014 (SB 325) |
|
Governing law |
Wisconsin Statute 961.14(7)(mk) and (mL) |
|
Possession |
Misdemeanor |
|
Distribution/manufacture |
Class H felony — up to 6 years prison and/or $10,000 fine |
|
Medical/therapeutic exemption |
None |
|
Regulatory framework (KCPA) |
None |
About this page: All Natural Artisan is a kratom vendor that has operated in the US botanical market since 2014. We monitor kratom legislation across all 50 states and update these pages when laws change. As an active participant in the market, we have a direct interest in tracking regulatory developments accurately — including laws that restrict or prohibit the products we sell.
We do not ship kratom to Wisconsin or other states where it is illegal. If you believe any information on this page is outdated or inaccurate, contact us.
This page was last reviewed March 2026. It is not legal advice. For guidance specific to your situation, consult a licensed attorney in your state.
What Wisconsin's Kratom Ban Prohibits
Wisconsin Statute 961.14 adds mitragynine and 7-hydroxymitragynine — the two primary alkaloids in the Mitragyna speciosa plant — to the Schedule I controlled substances list.
The statute does not require a product to be labeled as kratom. Any product containing these alkaloids falls under the prohibition, including:
- Raw kratom leaf powder
- Kratom capsules and tablets
- Kratom extracts and concentrates
- Kratom shots and beverages
- Any botanical supplement derived from the Mitragyna speciosa plant
There are no exceptions for personal use, low-quantity possession, or therapeutic purposes.
Kratom Penalties in Wisconsin
Possession
Possession of kratom in Wisconsin is a misdemeanor under Wis. Stat. 961.41(3g)(b), which covers Schedule I controlled substances that are not classified as narcotic drugs.
A misdemeanor conviction is punishable under Wis. Stat. 939.61 — up to 30 days in jail and/or a fine of up to $500 for a Class C misdemeanor, or up to 90 days and/or $1,000 for a Class B misdemeanor, depending on how the charge is classified at prosecution.
Prior drug convictions can escalate a possession charge to a Class I felony.
Kratom Distribution and Manufacturing Penalties
Manufacturing, distributing, or delivering kratom is a Class H felony under Wis. Stat. 961.41.
A Class H felony carries:
- Up to 6 years in prison
- Fines up to $10,000
- Or both
These penalties apply regardless of quantity. There are no graduated thresholds for kratom distribution the way some states structure their controlled substance laws.
Importing and Shipping
Shipping kratom to a Wisconsin address is illegal. Most major kratom vendors block orders to Wisconsin addresses.
Bringing kratom into Wisconsin from a neighboring state — even a state where it is legally purchased — is a criminal offense at the moment of crossing the state line.
Why Wisconsin Banned Kratom in 2014 — Before Regulation Was an Option
Wisconsin’s kratom ban passed in 2014, before the modern Kratom Consumer Protection Act framework existed.
At the time, state legislatures were responding to a wave of synthetic drug concerns and lumped kratom alkaloids into broader controlled substance scheduling actions.
The KCPA framework — which sets age restrictions, product testing standards, and labeling requirements instead of outright prohibition — wasn’t developed until Utah passed the first version in 2019. By then, Wisconsin’s ban was already five years old.
This timing matters: Wisconsin classified kratom based on limited scientific data and before the regulatory alternative was available.
Multiple reversal attempts since 2021 have used this as the central argument — that the state’s 2014 decision was made before the evidence base or regulatory tools existed to make a more calibrated call.
Wisconsin Kratom Legalization Attempts: 2021 to 2024
Wisconsin’s ban has survived three legislative challenges since 2021. None have passed.
AB 599 (2021)
Assembly Bill 599 proposed removing kratom’s alkaloids from the controlled substances schedule and replacing the ban with a consumer protection framework. The bill did not advance out of committee.
AB 393 / SB 445 (2023–2024)
The most substantive reversal attempt to date. AB 393 and its Senate companion SB 445 proposed a full KCPA-style regulatory framework:
- Age restriction: 21 and older
- 7-OH cap: No more than 1% of alkaloid composition
- Synthetic alkaloids: Banned
- Processor licensing: Required through the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)
- Product registration: Required before distribution
- Labeling: Alkaloid content disclosure required on all products
The bill would have repealed the Schedule I classification for mitragynine and 7-OH in their natural form while maintaining criminal penalties for products that violated the new standards.
AB 393 passed out of committee with amendments but ultimately died in April 2024 pursuant to Senate Joint Resolution 1 — the end-of-session resolution that kills all pending legislation.
The American Kratom Association supported the bill as part of its broader national push to replace prohibition with consumer protection frameworks. No 2025 session attempt has been confirmed.
Could Wisconsin's Kratom Ban Be Reversed?
The political environment in Wisconsin is not favorable to reversal in the near term, but the trajectory of failed bills shows increasing sophistication in the regulatory argument.
AB 393 represented a more polished, evidence-based approach than the 2021 attempt, and it attracted bipartisan sponsorship.
The broader national context works in advocates’ favor. Rhode Island reversed its kratom ban in 2025 — the first state to do so — replacing prohibition with a regulated framework after evidence showed the ban displaced users toward more dangerous substances.
As more states adopt KCPA frameworks without the public health crises ban advocates predicted, the argument for Wisconsin’s 2014 decision weakens.
For contrast, Louisiana enacted a full Schedule I kratom ban in August 2025 and represents the most recent state to choose prohibition over regulation.
The 2025 Wisconsin legislative session produced no kratom bill. The next opportunity would be the 2026 session.
Given the failure of AB 393 in 2024, any new bill would likely need a stronger legislative coalition or changed political dynamics to advance further.
Sign Up For New Drops & VIP Offers
From new strains to exclusive blends, our newsletter subscribers always get early access. Plus, score members-only discounts and behind-the-scenes updates.
How Wisconsin Compares to Neighboring States
| State | Status | Age Limit | Notes |
|---|---|---|---|
|
Wisconsin |
🚫 Banned |
N/A |
Schedule I since 2014 |
|
Illinois |
✅ Legal |
18+ |
No statewide KCPA; local bans in Jerseyville, Alton, Edwardsville |
|
Minnesota |
✅ Legal |
None |
No KCPA; unregulated |
|
Iowa |
✅ Legal |
None |
No KCPA; unregulated |
|
Michigan |
✅ Legal |
None |
KCPA proposed but not yet passed |
Wisconsin is the only state in its immediate region with a kratom ban. Illinois, Minnesota, Iowa, and Michigan all permit kratom without statewide prohibition, though Illinois has several municipalities with local restrictions.
Writting Standards
The All Natural Artisan editorial team brings over a two decades of combined hands-on experience in kratom cultivation, genetic selection, formulation, and small-batch extraction. Our writers and researchers work closely with trusted suppliers and lab partners to ensure every piece of content is accurate, up-to-date, and rooted in real industry knowledge.
We stay informed on evolving FDA guidance and botanical regulations, and we’re committed to providing safe, transparent education to help you make informed decisions about the natural products we offer. Every article is carefully reviewed for factual integrity, with a focus on product quality, sourcing practices, and responsiblity.
Sources
- Wisconsin Statute 961.14 — Controlled substances schedule: https://docs.legis.wisconsin.gov/statutes/statutes/961/II/14
- Wisconsin Statute 961.41 — Penalties: https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/41
- AB 393 (2023) — Full bill text: https://docs.legis.wisconsin.gov/2023/related/proposals/ab393
- SB 445 (2023) — Senate companion bill: https://docs.legis.wisconsin.gov/2023/related/proposals/sb445
- Wisconsin Legislature — SB 325 (2013): Original ban legislation
