Montana Tribe Moves to Ban Kratom: A Closer Look at the Blackfeet Nation’s Decision

In September 2025, the Blackfeet Tribal Business Council in Montana passed a resolution prohibiting the sale, possession, and use of kratom on its reservation. The decision, reported by Red Lake Nation News, marks one of the latest examples of tribal governments asserting their local authority over a botanical substance that remains in a legal gray area at both the state and federal levels.

Understanding the Resolution

The resolution, enacted on September 12, establishes a ban on all kratom products. While the measure includes criminal penalties for retailers selling kratom, it leaves penalties for individual possession undefined. Council members indicated that enforcement policies will be clarified before penalties are applied to community members.

Blackfeet Law Enforcement Services has yet to release details on how it will implement the ban. This uncertainty reflects the challenges of regulating a substance that is legal throughout the rest of Montana.

Legal Landscape

Kratom’s legal status in the U.S. is patchwork. Federally, the Drug Enforcement Administration (DEA)has considered scheduling kratom’s main alkaloids but has not finalized any action (DEA Kratom factsheet). This leaves regulation largely to states and local governments.

• Banned states: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.
• Regulated states: Several others, including Utah and Nevada, have passed Kratom Consumer Protection Acts (KCPA), which impose labeling, purity testing, and age restrictions (American Kratom Association – KCPA).
• Legal but unregulated: In states like Montana, kratom remains legal without clear regulatory frameworks.
  

Internationally, the World Health Organization (WHO) recently reviewed kratom and chose not to recommend a global ban, but urged further monitoring and research.

Why Tribes Are Acting

For the Blackfeet Nation, the resolution reflects the tribe’s role as both a sovereign government and a guardian of community health. By restricting kratom, the council signaled its intent to prevent potential risks associated with a substance described in the resolution as “unregulated” and “subject to misuse.”

Similar to how tribes have approached cannabis—some embracing regulated sales, others restricting or banning use—the Blackfeet Nation has exercised sovereignty to chart its own path independent of state law.

Community Implications

The immediate impact falls on retailers operating on the reservation, who will need to remove kratom products from their shelves to avoid penalties. For individuals, the future remains uncertain until the council finalizes possession rules.

This uncertainty mirrors questions faced in other communities that have considered restrictions. For example, Mayo Clinic experts note that while kratom is available nationwide, its risks, particularly regarding dependency potential, remain under study.

The Broader Debate

The Blackfeet Nation’s ban also plays into a larger national debate. Advocates, such as the American Kratom Association, argue that responsible regulation—rather than prohibition—provides consumers with transparency and safety through lab testing and age controls.

Critics, however, cite reports of adverse events, often tied to adulterated or improperly labeled products. Research published in Drug and Alcohol Dependence and indexed by the National Institutes of Health (NIH)suggests that while kratom may have potential applications, more controlled studies are needed to assess safety and risks (NIH PubMed article).

Mainstream coverage, such as NPR’s reporting on kratom, reflects this tension by highlighting both individual testimonials and regulatory concerns.

Tribal Sovereignty in Substance Regulation

The Blackfeet Nation’s resolution underscores the broader importance of tribal sovereignty in public health governance. Just as tribes have independently regulated cannabis, gaming, and alcohol policies, kratom has now become another area where local decision-making may diverge from state or federal norms.

This autonomy allows tribal councils to act proactively—even if state or federal agencies remain undecided. Whether other tribal nations will follow suit remains to be seen.

Conclusion

The Blackfeet Tribal Business Council’s decision to ban kratom reflects both a precautionary approach to public health and an exercise of sovereign authority. While Montana has not acted at the state level, the tribe has chosen to draw its own line—aligning with bans in some U.S. states but diverging from regulated models elsewhere.

As debates over kratom’s safety, regulation, and cultural role continue nationwide, this resolution adds another voice to a patchwork of policies. Whether bans like this will spread, or whether states and federal agencies will move toward uniform regulation, remains uncertain.

References: 

1. Red Lake Nation News. (2025, September 13). Blackfeet Tribal Business Council passes resolution banning kratom. Red Lake Nation News. https://www.redlakenationnews.com/story/2025/09/13/news/blackfeet-tribal-business-council-passes-resolution-banning-kratom/115412.html 
2. U.S. Drug Enforcement Administration. (n.d.). Kratom (Mitragyna speciosa) [Drug factsheet]. DEA. https://www.dea.gov/factsheets/kratom 
3. American Kratom Association. (n.d.). Kratom Consumer Protection Act (KCPA). AKA. https://americankratom.org/kratom-consumer-protection-act/ 
4. Montana Department of Public Health and Human Services. (n.d.). Montana substance use and regulation: Kratom. https://dphhs.mt.gov/ ) 
5. World Health Organization. (2021, December 3). Forty-fourth report of the WHO Expert Committee on Drug Dependence. WHO. https://www.who.int/publications/i/item/9789240048922
6. Mayo Clinic. (2022, December 29). Kratom for opioid withdrawal: Does it work. Mayo Clinic. https://www.mayoclinic.org/diseases-conditions/prescription-drug-abuse/expert-answers/kratom/faq-20441358
7. National Institutes of Health. (2020). Kratom: Pharmacology, clinical implications, and outlook [Article abstract in PubMed]. NIH/National Library of Medicine. https://pubmed.ncbi.nlm.nih.gov/31954223/