No. Kratom is not explicitly legal in India, as it is not listed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, but its sale, possession, or consumption may violate state-level drug laws. The AYUSH Ministry’s 2023 advisory flagged kratom as a “substance of concern,” while the Food Safety and Standards Authority of India (FSSAI) prohibits its use in food or beverages. Enforcement varies by state, with Kerala and Tamil Nadu imposing bans under local narcotics legislation.
Key Regulations for Kratom in India
- NDPS Act Ambiguity: Kratom is not a scheduled substance under the NDPS Act, but its psychoactive alkaloids (mitragynine, 7-hydroxymitragynine) fall under the act’s definition of “psychotropic substances” if misused.
- State-Level Bans: Kerala’s Narcotic Drugs and Psychotropic Substances (Kerala) Rules, 2021 and Tamil Nadu’s Prohibition of Kratom Leaves Act, 2023 criminalize possession or trade.
- FSSAI Restrictions: The FSSAI’s 2024 Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations explicitly prohibit kratom in consumable products, citing health risks.
Recent 2026 compliance shifts include the Union Health Ministry’s proposal to classify kratom as a “controlled substance” under the NDPS Act, pending parliamentary approval. Until then, legal ambiguity persists, with enforcement prioritizing states with existing bans. Importers and retailers face risks under the Customs Act, 1962, where unapproved substances may be seized.