Kratom (Mitragyna speciosa) is a tropical tree indigenous to Southeast Asia, including Thailand, where its leaves have been used in traditional practices for centuries. In Thailand and neighboring regions, fresh or dried leaves are commonly chewed, brewed as tea, or utilized in folk medicine to alleviate fatigue, manage pain, reduce anxiety, and ease opioid withdrawal symptoms. At lower doses, kratom produces stimulant effects, enhancing energy and focus. At higher doses, its effects are more sedative and opioid-like. Notably, kratom remained widely consumed in rural Thai communities even during the decades it was classified as a prohibited substance (from 1943 until 2021), serving as both a cultural mainstay and an affordable alternative to opium.
Why Kratom Was Never an International Controlled Substance
The kratom plant and its primary active compounds, mitragynine and 7-hydroxymitragynine, have never been listed in any schedule of the United Nations Single Convention on Narcotic Drugs (1961) or the Convention on Psychotropic Substances (1971). This lack of international control distinguishes kratom from substances like cannabis and underpins its legal or lightly regulated status in many parts of the world, including most U.S. states and numerous European countries (Australia being a notable exception, where it is a prohibited Schedule 9 substance). Thailand’s decision to decriminalize kratom in 2021 aligned domestic law with this global context and formally acknowledged the plant’s deep-rooted cultural significance.
From Criminalization to Full Regulation
Thailand first imposed restrictions on kratom through the Kratom Act of 1943. This wartime measure was driven, in part, by concerns that kratom’s popularity as a cheaper alternative was undercutting government revenue from the state-controlled opium trade. Kratom was subsequently listed as a Category V narcotic under the Narcotics Act of 1979, which prohibited the planting of new trees and mandated the destruction of existing ones. While enforcement was often inconsistent, recreational use remained illegal.
A significant policy shift began in 2019 when medical use was permitted. The definitive change occurred in August 2021, when kratom was completely removed from the list of narcotics under the Narcotics Act (No. 8) B.E. 2564. This legalized personal consumption, possession, cultivation, and domestic trade.
Unlike the initial phase of cannabis decriminalization, which saw a rapid, largely unregulated market expansion before tighter controls were later introduced (and as of 2026, cannabis regulations are again under review for stricter medical-only access), the Thai government moved relatively quickly to establish a structured oversight system for kratom. The Kratom Plant Act B.E. 2565 (2022) created a comprehensive regulatory framework, treating kratom as an economic plant and herb rather than a narcotic. A 2025 Ministerial Regulation further clarified procedures for import and export, providing commercial operators with clear and predictable rules. As of 2026, this regulatory framework remains stable and is designed to be business friendly.
Current Legal Status in Thailand (2026)
Personal Use and Household Cultivation
Kratom is fully legal for personal use. Adults may possess, consume, and cultivate kratom plants for personal or household purposes without any requirement for a license, registration, or quantity limitations. This represents a fundamental departure from the pre-2021 narcotics regime and reflects the legislature’s intent to safeguard traditional, non-commercial practices while channeling commercial activities into a regulated system.
Travel
- Domestic Travel: Individuals may carry kratom for personal use while traveling within Thailand.
- International Travel: Limited quantities of kratom may be brought into or taken out of Thailand for personal consumption, treatment of illness, or therapy without a commercial license. The specific allowable quantities are defined by ministerial regulation. Amounts exceeding this personal allowance are treated as commercial import or export and require a license. Travelers must also be cognizant that kratom’s legal status varies significantly by jurisdiction, and they are subject to the laws of their destination country.
Commercial Activities
- Cultivation, Processing, and Sale: Commercial cultivation, processing, and sale are permitted but must comply with standards established by the Ministry of Public Health and the Thai Food and Drug Administration (FDA). Kratom leaves (whether fresh, dried, or powdered) and certain processed forms may be sold as food, beverages, supplements, or herbal products upon receiving the requisite FDA product licenses.
- Manufacturing: Commercial manufacturing must adhere to Good Manufacturing Practice (GMP) standards.
- Import and Export: The import and export of kratom leaves for commercial purposes requires a license from the Office of the Narcotics Control Board (ONCB), which operates under the Ministry of Justice. Licenses are valid for five years, are renewable, and cost THB 5,000 per application. License holders must also submit a notification to the ONCB for each individual shipment. Eligible applicants include Thai nationals aged 20 or over, companies registered under Thai law, community enterprises, and government agencies.
Product Standards (Thai FDA)
- Raw Material Quality: Powdered kratom leaves intended for use as a raw material must contain a minimum of 1% mitragynine by mass.
- Daily Intake Limits: For food supplements and herbal products containing kratom (including powdered leaves or water-based extracts), the maximum recommended daily intake of mitragynine was increased to 3 mg per day, as per the Thai FDA’s updated 2025 guidelines. This was an adjustment from earlier, lower limits.
- Prohibited Additives: The addition of isolated 7-hydroxymitragynine to any food supplement is strictly forbidden.
- Safety and Labeling: Products in ready-to-use formats (such as capsules, tablets, or liquids) must not exceed the daily mitragynine limit and must meet all applicable Thai FDA safety standards, including specified limits for heavy metals and microbiological contaminants. Labels must feature mandatory warnings, including advice against continuous use for more than seven days and against combining the product with alcohol or other kratom-containing items.
- Sales Restrictions: The sale of kratom leaves or kratom-containing food is prohibited to individuals under 18 years of age and to pregnant or breastfeeding women. Sales are also prohibited in certain locations, including educational institutions, dormitories, public parks, and via vending machines. Reports indicate that authorities have also sought to restrict roadside sales of boiled kratom beverages to prevent misuse.
Penalties
Violations of the Kratom Plant Act B.E. 2565 (2022), including offenses related to licensing, labeling, and sales restrictions, may result in fines, imprisonment, or both, though the regime is significantly less punitive than the pre-2021 narcotics laws. Penalties may be doubled for offenses involving protected persons, such as minors or pregnant women.
Business Opportunities and Compliance Outlook
Thailand’s regulated kratom market presents substantial opportunities for domestic sales, exports, and the development of value-added products, including teas, supplements, and herbal extracts. The 2025 Ministerial Regulation on import/export has enhanced predictability for cross-border trade, positioning Thailand as a potential hub for quality-controlled kratom supply chains in Asia. The Thai FDA’s decision to increase the permissible daily mitragynine limit to 3 mg is explicitly aimed at increasing farmer incomes and enabling a broader range of compliant products.
Key opportunities include commercial cultivation, FDA-approved product development, GMP-compliant processing, and exports to legal international markets. Compliance is essential. Businesses must secure necessary FDA product licenses, adhere to GMP standards, implement strict sales and labeling controls, and obtain ONCB import/export licenses where applicable. The regulatory framework is stable and designed to support economic growth.
Summary of Legal Changes
The following table summarizes the key distinctions between the former restrictions under the Narcotics Act and the current regulatory framework under the Kratom Plant Act.
| Aspect | Former Law (Narcotics Act B.E. 2522) | Current Law (Kratom Plant Act B.E. 2565 & 2025 Regulation) |
| Legal Status | Category V Narcotic | Legal herb/economic plant |
| Personal Use/Possession | Prohibited | Legal without license or quantity limit |
| Cultivation | Prohibited (destruction mandated) | Legal for personal use without license |
| Commercial Sale | Prohibited | Legal with FDA product approval |
| Import/Export | Prohibited | Legal with ONCB license and per-shipment notification |
| Governing Authority | Ministry of Public Health (as narcotic) | Ministry of Justice (ONCB) and Ministry of Public Health (FDA) |
Important Note: This overview reflects the law as of April 2026 and is provided for general information only. Regulations may be updated. Specific commercial projects require tailored legal advice.
Our team, led by Dr. Paul Crosio, are experts in Thai regulatory, FDA, narcotics-control, and international trade law. We assist businesses and individuals with kratom licensing, FDA product approvals, narcotics import/export permits, compliance audits, and cross-border structuring. If you are exploring kratom-related opportunities in Thailand, contact us for a confidential consultation.
Please note that this article is for general informational purposes and does not constitute legal advice.
