In 2021 Thailand removed kratom from narcotics control. It then passed a separate law just for this plant. No other country in Southeast Asia has done this.
This article covers four things: the Thai rules, the penalties, the law in some neighbouring countries, and what an export needs. It is general education, not legal advice. Where a figure is disputed or not confirmed, the text says so.
Key points
- Growing, keeping and selling kratom leaf in Thailand needs no licence. Import and export do.
- You may not sell leaf, or food that contains leaf, to anyone under 18 or to pregnant or breastfeeding women. You must post a notice saying so wherever you sell, including online.
- Thai paperwork alone does not make an export legal. The buyer’s country must also allow the product, and in the United States so must the buyer’s state.
How the law changed, 1943 to 2024
Kratom was used in Thailand long before it was banned.
- 1943: The Kratom Act B.E. 2486 bans the plant. Historical accounts say the main reason was tax revenue, not health. Kratom competed with the opium trade, which the state taxed.
- 1979: The Narcotics Act B.E. 2522 lists kratom in Category 5. This was the least restrictive narcotics category, and cannabis was in it too.
- 2019: Kratom is decriminalised for medical use. Southern provinces trial a model in which local communities control kratom use.
- 2021: The Narcotics Act (No. 8) B.E. 2564 is published in the Royal Gazette (ราชกิจจานุเบกษา, Thailand’s official journal for new laws) on 26 May 2021. It removes kratom from Category 5 from 24 August 2021. Growing, possessing and using kratom stop being crimes.
- 2022: The Kratom Plant Act B.E. 2565 (พ.ร.บ.พืชกระท่อม) is published in the Royal Gazette on 26 August 2022 (Vol. 139, Part 52 Kor). It comes into force on 27 August 2022.
- 2024: On 4 September 2024, the Thai Food and Drug Administration (Thai FDA, อย.) announces guidelines that limit mitragynine in kratom food supplements. Mitragynine is the main active compound in kratom leaf.
The Transnational Institute is a policy research institute that tracks drug policy across the region. It reports that Thailand decriminalised kratom and took steps to set up a legally regulated market.
What to do: check the date of any kratom document or foreign article before you rely on it. Anything written before 24 August 2021 describes kratom as a Thai narcotic, and that is no longer the law.
What needs a licence and what does not
Growing, keeping and selling leaf
None of these needs a licence. The Kratom Plant Act licenses only import and export (Section 10). For the farming side, see Growing and Harvesting Kratom in a Tropical Climate.
Processed products
Under Section 3, kratom used in a herbal product, drug, food or cosmetic falls under the law for that type of product. A kratom food or health product therefore needs approval from the Thai FDA. A factory that makes kratom food must also meet GMP (Good Manufacturing Practice, the hygiene and quality standard for production).
Import and export
You need a licence from the Secretary-General of the Office of the Narcotics Control Board (ONCB, ป.ป.ส.) under Section 10. You must also file a notification for each shipment. A licence is valid for five years.
Carrying leaf across the border for your own use or treatment is exempt. The exemption has a quantity limit, set by ministerial regulation (a rule the minister issues under the Act). Ask ONCB for the current limit before you travel.
Who may apply for an import or export licence
- Thai nationals over 20 who live in Thailand
- juristic persons (companies and other legal entities) registered under Thai law
- community enterprises (registered village or farmer groups)
- government agencies
A foreign individual cannot apply in their own name. Whether a Thai company with foreign owners qualifies is a question for a lawyer.
Translator’s note: if you are a foreign investor planning to export through a Thai company, get a written opinion from a Thai lawyer first. Do this before you sign supply contracts or buy leaf in bulk. That way you will not end up holding stock you cannot ship.
What the law forbids
Sellers most often get these rules wrong.
- No sale of leaf, or of food containing leaf, to anyone under 18, to pregnant women or to breastfeeding women (Section 24). Sellers must post a notice of this rule at the point of sale. This includes online points of sale.
- No sale of leaf in schools and other educational institutions, dormitories, public parks, zoos or amusement parks. No sale through vending machines (Section 25).
- No advertising or marketing that encourages people to drink kratom mixed with narcotics or psychotropic substances (Section 26). The best-known mix is called “4x100”. Drinking such a mix is an offence (Section 27), and so is getting someone else to drink it (Section 28).
Kratom food supplements (Thai FDA guidelines, September 2024)
- For supplements made from powdered leaf or leaf extract, the cap is 0.2 mg of mitragynine per day. For water-extract supplements it is 1 mg per day.
- The cap also counts any 7-OH (7-hydroxymitragynine) that occurs naturally in the product. 7-OH is a related kratom compound.
- Adding 7-OH to a product is prohibited.
- Labels must warn people not to use the product for more than seven days in a row. They must also warn against using it with alcohol or with other kratom products.
These rules apply to registered supplements, not to raw leaf. Most 7-OH forms after harvest, when leaf compounds oxidise (react with air). Products enriched with 7-OH therefore have different effects from leaf, as the article on kratom chemistry linked above explains.
What to do if you sell leaf in Thailand
- Post the Section 24 notice everywhere you sell. This includes your shop counter, market stall, and any web page or chat account where you take orders. Missing the notice can bring a fine of its own.
- Do not sell in the places listed in Section 25 or from a vending machine. Check this before you choose a stall or delivery point near a school, dormitory or park.
- Never post or say anything that encourages mixing kratom with other drugs. This includes jokes and “recipe” posts on your sales page.
Translator’s note: ask for ID whenever a buyer looks young. Train every staff member who sells for you on the three groups who may not buy. If you advertise a kratom food product, also read Thailand’s Criteria for Food Advertising B.E. 2569: The July 2026 Rules for Cannabis and Kratom.
Penalties under the Kratom Plant Act
| Offence | Maximum penalty |
|---|---|
| Selling to a person under 18 or to a pregnant or breastfeeding woman (Sec. 24), or not posting the required notice | Fine of THB 30,000 (Sec. 33) |
| Selling in a prohibited place or by vending machine (Sec. 25) | Fine of THB 50,000 (Sec. 34) |
| Drinking kratom mixed with narcotics or psychotropic substances, “4x100” (Sec. 27) | Fine of THB 50,000 (Sec. 36) |
| Advertising mixed consumption (Sec. 26) | 2 years in prison, a THB 200,000 fine, or both (Sec. 35) |
| Getting or forcing others to drink such mixes (Sec. 28) | 1 year, THB 100,000, or both. Doubled to 2 years / THB 200,000 if the victim is under 18, pregnant or breastfeeding (Sec. 37) |
| Importing or exporting without a licence (Sec. 10) | 1 year, THB 100,000, or both (Sec. 32) |
How reliable these figures are
These figures were not checked against the Royal Gazette text itself.
- The numbers for Sections 33 and 34 come from Thai news reports.
- Section 36 comes from a summary by a provincial office of the Thai FDA.
- The amounts in the last three rows come from law-firm and ONCB summaries. Their section numbers come from a Thai news summary of the Act.
The import/export application fee could not be confirmed in a ministerial regulation, so no fee is given here. English-language coverage usually summarises the main provisions and skips the penalty tables.
What to do: before you open a stall or an online shop, read the rows in this table that apply to you. If you have checked the Gazette text yourself, please post the section citation below this topic so the table can be corrected.
Kratom and cannabis are governed by different kinds of law
Kratom has its own Act of Parliament. Cannabis flower is governed by the Notification of the Ministry of Public Health Re: Controlled Herbs (Cannabis) B.E. 2568. That notification is issued under the Thai Traditional Medicine Protection Act B.E. 2542. A notification comes from the ministry, not from a vote in Parliament, so it is easier to change.
The draft Cannabis Control Act is not law yet. The Cabinet approved the draft on 22 September 2026 and sent it to the House of Representatives.
Translator’s note: in practice, the two plants are sold under very different rules. You can sell kratom leaf without a licence, within the limits above. Cannabis flower is a controlled herb, and that notification has been in force since 26 June 2025. Flower may be sold only with a PT 33 (ภ.ท.33) prescription covering at most 30 days. Advertising and online sale of flower are prohibited.
What to do: do not apply kratom rules to cannabis, or cannabis rules to kratom. For cannabis, read Thailand’s Cannabis Rules, 2022 to 2026 (Part 1) and Part 2.
Some neighbouring countries
No other country in the region has followed Thailand’s approach. This table covers some countries only. Vietnam, Laos, Cambodia and the Philippines are not included because no reliable primary source was found for them. For those countries, check national law directly.
| Country | Status | Source |
|---|---|---|
| Thailand | Regulated. Removed from narcotics control 24 Aug 2021; Kratom Plant Act in force 27 Aug 2022 | Narcotics Act (No. 8) B.E. 2564; Royal Gazette, 26 Aug 2022 |
| Myanmar | Illegal. Growing, possessing, distributing and transporting kratom are offences carrying long prison terms. Destruction of kratom crops in Tanintharyi Region, in southern Myanmar, was reported in 2013 and 2014 | 1993 Narcotic Drugs and Psychotropic Substances Law; Transnational Institute |
| Malaysia | Mitragynine is controlled under the Poisons Act 1952. Selling and processing it are offences. Since 1 January 2023 the maximum penalty under s. 30(3) is RM100,000, five years in prison, or both. Before that it was RM10,000, four years, or both. The tree itself is not banned | Poisons Act 1952, as amended in 2022; Khalil et al., UUM Journal of Legal Studies (2020) |
| Indonesia | Not listed as a narcotic. Exports regulated since 2024. Its status at home is disputed: the National Narcotics Board wants it placed in Schedule I, the strictest narcotics category, and local authorities in Borneo oppose this | Trade Ministry Regulations No. 20 and 21 of 2024 (issued August 2024); Transnational Institute |
| Singapore | Illegal | Transnational Institute |
Take extra care with Indonesia. It is a major supplier to the world market, but its domestic status is disputed. A rule that regulates exports does not mean the product is legal inside the country.
Translator’s note: kratom leaf that is legal in your Thai shop or garden can lead to arrest across the border. What to do: never carry or post kratom to Myanmar, Malaysia or Singapore. For any other country, check its current national law in writing before you send anything.
Export: the buyer’s country decides
Thai law tells you only what you may ship out of Thailand. It does not tell you what the buyer may legally receive. That second question is the one that most often stops an export deal.
United States (as of October 2026)
- Kratom leaf is not listed under US federal drug law. In 2016 the DEA (US Drug Enforcement Administration) tried to list it. It withdrew in October 2016 after public protest and pressure from members of Congress.
- Under Import Alert 54-15, the US FDA (Food and Drug Administration) may use Detention Without Physical Examination on kratom dietary supplements and bulk ingredients. In practice, your shipment can be held at the border without being tested.
- The rules on 7-OH are tightening. On 29 July 2025, HHS (the US Department of Health and Human Services) and the US FDA recommended placing 7-OH in Schedule I, the strictest federal drug category. The FDA has also sent warning letters to seven companies selling concentrated 7-OH products.
- On 6 July 2026 the DEA published a notice of intent in the Federal Register (the US government’s official journal). It proposed a temporary order placing 7-OH above a set concentration threshold in Schedule I. On 14 October 2026 the DEA withdrew that notice and published a new one. The new notice covers 7-OH and a related compound, mitragynine pseudoindoxyl, when either one, or both together, are above a new threshold that HHS recommended on 8 October 2026. As of October 2026 the temporary order itself has not been issued. Check whether it is in force, and what threshold it sets, before you ship.
- States that ban kratom include Alabama, Arkansas, Indiana, Vermont, Wisconsin, Louisiana (ban effective 1 August 2025) and Tennessee (ban effective 1 July 2026). Other states have also restricted kratom or 7-OH, so this list is not complete.
- Rhode Island replaced its ban with the Rhode Island Kratom Act (R.I. Gen. Laws ch. 21-28.12), in force since 1 April 2026. It sets a minimum buyer age of 21, requires sellers to hold a licence, and adds taxes.
- State and local rules on kratom and 7-OH change several times a year. Check the current law of the destination state just before each shipment.
US regulators are moving towards restricting concentrated 7-OH while allowing leaf. Thai supplement rules already draw the same line. Exporting leaf with test results that show no added 7-OH fits both systems. Selling 7-OH-enriched extract goes against both.
Checklist before any export shipment
- An ONCB import/export licence plus a notification for each shipment. You need both. The licence lets you trade; the notification covers that one shipment.
- Thai FDA approval if the product is a processed food or health product rather than raw leaf. Without it, the product cannot legally leave the factory.
- A certificate of analysis (lab test report) showing the 7-OH content, from a lab the buyer’s regulator accepts. This is what proves there is no added 7-OH. Ask the buyer in writing which labs and test methods they accept before you send samples.
- Written confirmation of the current rules at the destination. That means the country, and for the US, the state too. A buyer in Alabama cannot legally receive the shipment, whatever your Thai papers say.
- For the US, check the import alert and the federal 7-OH status before you ship, not after. A detained shipment ties up your stock and money.
Legal is not the same as safe
Legalisation in Thailand did not make kratom harmless. The evidence on its risks is covered in Kratom Risks: What the Death Reports Show, Liver Injury, Dependence and Withdrawal (Part 1). Legal status and safety are separate questions. The most common mistake in writing about this plant is to treat one as proof of the other, in either direction.
What to do: read the risk article before you sell kratom or advise anyone about using it. Put the same warnings required on supplement labels on any product you sell: no more than seven days in a row, and no alcohol or other kratom products at the same time.
Questions about selling, licences or export? Post them below this topic.
References
- Royal Gazette, Kratom Plant Act B.E. 2565 (Vol. 139, Part 52 Kor, 26 Aug 2022)
- Tilleke & Gibbins, “Thailand’s New Legal Framework for Kratom” (2022)
- Tilleke & Gibbins, “Thailand Decriminalizes Kratom in Amended Narcotics Act” (2021)
- Tilleke & Gibbins, “Thailand’s Updated Guidelines on Kratom in Food and Herbal Products” (2024)
- Thairath and The Standard, reports on Sections 24, 25, 33 and 34 (Aug 2022)
- Transnational Institute, “Kratom in Myanmar and Southeast Asia: time for legal regulation?”
- Tempo, “Indonesia Implements Regulations for Kratom Export Trade” (2024)
- Khalil et al., UUM Journal of Legal Studies (2020)
- Utusan Malaysia, “Hukuman baharu jual ketum denda RM100,000, jel lima tahun” (June 2023)
- Transnational Institute, “Kratom: the creation of a threat”
- Formichella & Sritawat, “Thailand’s Kratom Regulations: A Comprehensive Overview (2026)”
- Congressional Research Service, “Temporary Control of 7-Hydroxymitragynine (7-OH)…”
- Federal Register, 6 July 2026 (DEA notice of intent, 2026-13580) and 14 October 2026 (DEA notice of intent, 2026-20943)
- JS100, summary of the Kratom Plant Act B.E. 2565 penalty sections
- FDA Import Alert 54-15
- R.I. Gen. Laws ch. 21-28.12
- Louisiana Act 41 (SB 154) of 2025
- Metro Nashville Beer Permit Board, notice on the Tennessee kratom ban effective 1 July 2026