Kratom Laws by State (2026): Bans, Age Limits and 7-OH Rules

Kratom's legal status depends on the state: of the 50 states and the District of Columbia, ten states control mitragynine or the kratom plant itself, six states and D.C. schedule 7-hydroxymitragynine (7-OH) without scheduling the leaf by name, twenty states regulate sales through a kratom law that sets an age limit and, in most of them, product rules, and fourteen states neither schedule kratom, mitragynine or 7-OH nor have a kratom sales statute (agencies in California and New Mexico still restrict sales under food law). Federally, the October 6, 2026 version of 21 CFR Part 1308 lists none of kratom leaf, mitragynine or 7-OH, and DEA's two new notices of intent, scheduled for publication on October 14, 2026, are notices, not orders.

The comparison table below gives each state's rule, with a link to the full state guide, and the sections after it explain the federal layer, the 7-OH limits, and the dates on which state rules change.

Information last verified on 2026-10-12. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide compares state kratom, mitragynine and 7-OH laws in all 50 states and the District of Columbia (statutes, drug schedules, health department and pharmacy board rules, and emergency rules), summarizing each state guide linked in the table, and it covers the federal layer: DEA scheduling under the Controlled Substances Act and FDA's marketing position. It does not cover city or county ordinances in detail, tribal law, military rules, workplace drug-testing policies or the law of other countries.

What kratom, mitragynine and 7-OH mean in the law

Kratom is the common name for Mitragyna speciosa, a tree whose leaves contain alkaloids. Statutes rarely regulate "kratom" in the abstract; they name a plant, a compound, or a product, and which one a law names decides what it reaches.

Mitragynine is the main alkaloid in the leaf. A schedule that covers any material containing any quantity of mitragynine reaches leaf products, because the leaf contains it. Wisconsin's Schedule I, for example, covers any material that contains any quantity of mitragynine or 7-OH, which is why its state guide treats leaf products as covered. Where a rule names only the compounds, as in Indiana and Vermont, how it applies to leaf is a question of interpretation.

7-hydroxymitragynine (7-OH) is a minor alkaloid in the leaf. FDA describes it as a naturally occurring constituent that makes up less than 2% of the total alkaloid content in natural kratom leaves. Concentrated 7-OH products are the target of most 2025 and 2026 federal and state action, and many state laws now treat 7-OH differently from the leaf.

Mitragynine pseudoindoxyl, MGM-15 and MGM-16 are three semi-synthetic 7-OH-related compounds. They are the only kratom-related compounds in federal Schedule I today.

Most kratom acts define a kratom product by what it contains (any part of the leaf, an extract, or in some states a synthetic alkaloid), so a law's definition section is where to look before assuming a product is in or out.

Is kratom legal under federal law?

Three separate federal things are in play, and they should not be blurred: what DEA has actually scheduled, what DEA has proposed, and FDA's rules about marketing products.

What is federally scheduled today

The DEA temporary scheduling order published at 91 FR 54948 placed mitragynine pseudoindoxyl, MGM-15 (dihydro-7-hydroxymitragynine) and MGM-16 in Schedule I. The order took effect on August 26, 2026, and DEA's October 2026 notices say it stays in effect until it expires or is replaced by new temporary orders, whichever occurs first (see below). It imposes the controls and sanctions that apply to Schedule I substances on anyone who handles, including anyone who possesses, those three compounds.

The order does not list mitragynine, 7-OH or kratom leaf. The temporary listings appear at 21 CFR 1308.11(h), entries (89) to (91), and the October 6, 2026 version of Part 1308 names no other mitragynine compound. A temporary order expires two years after it is issued, and DEA can extend it by up to one more year while permanent-scheduling proceedings are pending (21 U.S.C. 811(h)(2)).

The pending DEA notices (October 2026)

On July 6, 2026, DEA published a notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917, Docket DEA-1570). HHS took comments on that threshold until September 10, 2026 (91 FR 55104). No order followed.

Instead, DEA filed for public inspection on October 9, 2026 a new notice of intent, FR Doc. 2026-20943, scheduled for Federal Register publication on October 14, 2026. It covers 7-OH and mitragynine pseudoindoxyl "when either substance alone, or their combined amount if both are present, is above a specified threshold." The threshold is met at more than 1 mg per gram for solid forms or more than 1 mg per milliliter for liquids, or when the mass of mitragynine divided by the mass of 7-OH, mitragynine pseudoindoxyl or both is less than 100.

The new notice says that DEA is withdrawing the July 2026 7-OH notice in a separate document in the same issue. A companion notice in the same issue, FR Doc. 2026-20942 (Docket DEA-1644), proposes a new temporary order for MGM-15 and MGM-16 alone that would keep them in Schedule I without change, which DEA describes as a technical and procedural step to distinguish them from mitragynine pseudoindoxyl. If both new orders issue, MGM-15 and MGM-16 stay listed as they are, while mitragynine pseudoindoxyl would be listed only above the new threshold.

DEA says neither new temporary order will be issued before 30 days after publication, so no earlier than about November 13, 2026. Each notice states that the August 26, 2026 order, for the substances it covers, "remains in effect until either it expires or the new temporary order is published and the previous order is withdrawn, whichever occurs first." The 7-OH notice also records that neither HHS nor DEA has found these substances safe at below-threshold levels.

Until an order is published, 7-OH is not a federally scheduled substance; a notice of intent is a proposal.

FDA's position: a rule about selling products

FDA's FDA and Kratom page states that "kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food." FDA treats kratom as a new dietary ingredient with inadequate safety information, so supplements containing it are adulterated, and as an unsafe food additive when added to food. FDA adds that states may have their own regulations or prohibitions for kratom products.

That is a marketing and product rule aimed at sellers and importers. FDA's page does not make possession a crime. FDA Import Alert 54-15 (published date August 17, 2026) allows detention of imported dietary supplements and bulk ingredients that are or contain kratom.

FDA has acted against 7-OH products in particular. On July 15, 2025, FDA announced warning letters stating that "7-OH is not lawful in dietary supplements and cannot be lawfully added to conventional foods," and on December 2, 2025 it announced a seizure of about 73,000 units of 7-OH products from three firms in Missouri. FDA's 7-OH page says the July 2026 DEA actions were "not intended to apply to natural kratom leaf containing only naturally occurring trace levels of 7-OH," a statement of intent rather than the legal text, made about the July notice that DEA is now replacing; the October notice's threshold is what would decide which products are covered.

FDA has also warned consumers not to use kratom "because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder." A March 2026 report in CDC's Morbidity and Mortality Weekly Report (MMWR 2026;75(11)) counted 14,449 kratom exposure reports to U.S. poison centers from 2015 through 2025, including 3,434 in 2025.

The 2016 history

DEA has tried this before. On August 31, 2016 it published a notice of intent to temporarily schedule mitragynine and 7-OH (81 FR 59929), and on October 13, 2016 it withdrew that notice and invited public comment instead (81 FR 70652). No DEA kratom scheduling document appeared in the Federal Register between that withdrawal and the July 2026 notices.

How federal orders reach state schedules

A federal Schedule I listing applies everywhere as federal law. Whether it also becomes state law depends on each state's scheduling statute, and the state guides show several routes.

Some states have already listed the three compounds from the August 2026 order. Missouri did so by an emergency rule effective September 25, 2026 that expires March 23, 2027; New Jersey adopted the federal order on September 25, 2026; South Carolina's Department of Public Health issued an order dated September 25, 2026; Hawaii included them in its September 22, 2026 emergency order; North Dakota's HB 1628 lists all three in statute; and Massachusetts's emergency regulation names them. Kentucky's Schedule I automatically includes federal Schedule I substances, including temporary orders, and Maryland's Schedule I picks up federal Schedule I designations unless its Department of Health objects. Florida's current rule, 2ER26-2, lists MGM-15 and MGM-16 but not mitragynine pseudoindoxyl; Ohio's rule names mitragynine pseudoindoxyl and MGM-15 (dihydro-7-hydroxy mitragynine); and Utah's Schedule I names mitragynine pseudoindoxyl.

In some states, the statute's own words pull federal listings, temporary ones included, into state law. Georgia's definition of a controlled substance includes the federal schedules in 21 CFR Part 1308 (O.C.G.A. 16-13-21(4)); Oklahoma's includes any substance listed temporarily or permanently as federally controlled (63 O.S. 2-101(11)); Ohio's R.C. 3719.43 makes federal additions automatic; Connecticut's 21a-243(h) treats a newly federally scheduled drug as controlled in the same schedule; and Rhode Island's 21-28-2.01 directs the director of health to control the substances in the current federal list unless the director objects. The state guides read these provisions as making mitragynine pseudoindoxyl, MGM-15 and MGM-16 controlled under state law while the federal order is in effect, even where the state's own schedule does not name them; the Georgia, Ohio, Connecticut and Rhode Island guides present that as a reading of the statute's text, not a court ruling. Louisiana's definition of a controlled dangerous substance also reaches substances listed in 21 CFR 1308.11 (R.S. 40:961(8)), though no Louisiana Department of Health rule adding the three compounds appears in the Louisiana Register through its September 20, 2026 issue. On the same text, a future federal order on 7-OH above a threshold would reach those products in Georgia, Oklahoma and Kentucky. Utah's adoption statute raises the same question for MGM-15 and MGM-16, which its guide leaves open.

Other states route federal changes through a board, agency or official with a notice-and-objection window, among them Alabama, Arkansas, Idaho, Illinois, Iowa, Michigan, Montana, Nevada, New Hampshire, North Carolina, Tennessee, Texas, Washington, Wisconsin and Wyoming. Many of those statutes are written for a federal "final order," and their state guides do not settle whether a temporary order counts; Wisconsin's statute expressly covers temporary orders. A DEA notice of intent is not an order. If DEA issues the new orders, these follow-through rules are where state law could change next.

Kratom laws by state: comparison table

The table summarizes each state guide. "Not in the schedules" means the state's controlled-substance lists do not name kratom, mitragynine or 7-OH; it does not mean every kratom product can be sold, because product, age and 7-OH rules can still apply. Each state guide has the citations, exceptions and penalty ranges.

Four approaches states take

The table sorts every state into one of four groups. The groups describe what state law does to the leaf and its alkaloids; within each group the mechanism and the penalties differ a great deal.

States that schedule or ban mitragynine or the plant (10)

Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, Tennessee, Vermont and Wisconsin control mitragynine or the kratom plant itself, not only 7-OH, so leaf products are covered or, where a rule names only the compounds, may be. The legal source varies:

• Statute: Alabama (Ala. Code 20-2-23, Schedule I since 2016), Indiana (the "synthetic drug" definition, IC 35-31.5-2-321, which names mitragynine and 7-OH but not the plant), Kansas (K.S.A. 65-4105(b), effective July 1, 2026), Louisiana (R.S. 40:966.1, effective August 1, 2025) and Wisconsin (Wis. Stat. 961.14(7)).
• Standalone criminal offense: Tennessee's Public Chapter 950, effective July 1, 2026, makes it a crime to knowingly possess kratom and to manufacture, deliver or sell it, and replaced the state's old age-21 rule.
• Agency rule or regulation: Arkansas and Vermont list mitragynine and 7-OH by Department of Health rule, and Connecticut's Schedule I regulation (RCSA 21a-243-7) has listed the plant and 7-OH since April 2, 2026, as Public Act 25-101 directed.
• Emergency regulation: Massachusetts's 105 CMR 726.000 placed the plant, mitragynine, 7-OH and three related compounds in Schedule I on August 28, 2026 for one year. A state press release and a DPH template notice say possession is illegal, while a Municipal Police Training Committee advisory says the regulation has no impact on criminal enforcement; our Massachusetts guide leaves that question open.

Penalties in this group range from a fine of up to $100 under Louisiana's kratom statute for 20 grams or less (Louisiana's general Schedule I possession statute also reaches the listed alkaloids on its text) to felony possession in Alabama and Arkansas, and in Kansas on the possession statute's text. None of these states has a kratom age limit, because the prohibitions apply at every age (in Massachusetts, whether individual possession is a criminal offense is disputed).

Jurisdictions that schedule 7-OH but not the leaf by name (6 states and D.C.)

D.C., Florida, Hawaii, Kentucky, North Dakota, Ohio and Utah schedule 7-OH, in some form or above a threshold, without scheduling ordinary kratom leaf by name. The carve-out has limits: Hawaii's and North Dakota's 7-OH listings reach leaf material above their 0.05 percent 7-OH thresholds, Ohio's rule covers mitragynine-related compounds in extracts and excludes only natural leaf in vegetation form, and Utah exempts pure leaf only when it is handled under its Kratom Regulation Act. This is the group where "kratom is banned" is most often wrong shorthand.

• D.C. has listed 7-OH in its Schedule I rule since a 2016 health department rule; the leaf and mitragynine are not listed by name.
• Florida lists 7-OH above a threshold by an Attorney General emergency rule, 2ER26-2, effective August 18, 2026, and keeps a separate statutory age-21 rule for all kratom products. The rule expires June 30, 2027 unless the Legislature writes it into chapter 893.
• Hawaii listed 7-OH above a threshold, plus the three DEA-order compounds, by a September 22, 2026 emergency order; the listings are nullified unless the 2027 regular session enacts them.
• Kentucky lists 7-OH concentrated above 400 parts per million by regulation, which "does not apply to mitragynine," and its statute bans all kratom sales by processors and retailers from July 1, 2027.
• North Dakota placed "kratom alkaloid derivatives," including 7-OH above 0.05% or 1 mg, in Schedule I by HB 1628 in September 2026. The same act lets only an Attorney General licensee sell pure leaf kratom, and no license can issue until the Attorney General adopts rules.
• Ohio schedules 7-OH and related compounds by Board of Pharmacy rule while excluding natural leaf in vegetation form; the Board treats extracts, tinctures and blended products as not lawful to sell or possess.
• Utah lists 7-OH and mitragynine pseudoindoxyl in Schedule I and exempts pure leaf kratom only when it is handled in compliance with the Kratom Regulation Act.

States that regulate kratom sales (20)

Arizona, Colorado, Delaware, Georgia, Illinois, Maryland, Minnesota, Mississippi, Nebraska, Nevada, New York, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Virginia, West Virginia and Wyoming do not list kratom, mitragynine or 7-OH in their drug schedules and instead regulate sales by statute, usually a Kratom Consumer Protection Act or a section of a consumer protection or health code.

The common parts are a minimum age, a ban on adulterated products and on synthetic alkaloids, a 7-OH cap, label rules, and in some states registration or licensing: Nebraska and Mississippi require registration with the Department of Revenue, Oregon requires wholesale processors to register, Rhode Island requires a retailer license, and West Virginia requires a Commissioner of Agriculture permit.

Penalties in this group fall mainly on sellers. Several of these laws create no offense for a buyer who possesses kratom (the Arizona, Colorado, Delaware, Maryland, Oklahoma, South Carolina and Wyoming guides say so expressly), while some make purchase or possession by an underage person an offense (see Kratom age limits by state below).

Illinois and Minnesota have only an age rule: Illinois's Kratom Control Act bars minors under 18 from buying or possessing kratom, and Minnesota's drug chapter has set age 21 since August 1, 2026, with no label or 7-OH rules. Delaware's new act (signed September 8, 2026) sets age 21 but no 7-OH cap or license, and orders a state report on testing and licensing due January 1, 2027.

States that neither schedule kratom nor regulate its sale (14)

Alaska, California, Idaho, Iowa, Maine, Michigan, Missouri, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, Pennsylvania and Washington do not list kratom leaf, mitragynine or 7-OH in their drug schedules and set no statewide kratom age or sales rules. That does not mean nothing applies:

• Agency positions: California's Department of Public Health takes the position that selling kratom and 7-OH products for consumption is unlawful under the Sherman Food, Drug, and Cosmetic Law, and state agencies are enforcing that against sellers. New Mexico's Environment Department and Department of Health have said since December 18, 2025 that kratom may not be used in food or beverages at state-permitted food establishments.
• The three federal-order compounds: Missouri and New Jersey list mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, without touching the leaf, mitragynine or 7-OH.
• Pending bills: Michigan's HB 5537 (a ban) passed the House and Pennsylvania's HB 2657 (age 21 and registration) passed the House 202-0 on October 5, 2026; North Carolina's H.B. 328 and New Jersey's S-301 are pending too. None is law.

When an unlisted compound can still be charged

Many state guides flag that a compound missing from the schedules could still be reached by a general clause, if a court found it meets the statutory definition. The clauses take three forms:

• Opiate definitions based on effect: Alaska (Schedule IA), Maine (Schedule W), and D.C., Hawaii, Iowa, Mississippi, Missouri, West Virginia and Wyoming (Schedule II) cover any "opiate" defined by morphine-like addiction liability rather than by name.
• Controlled substance analogue clauses: California, Colorado, Illinois, Kentucky, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, South Carolina, South Dakota, Texas, Virginia and Washington treat an analogue of a scheduled substance as controlled in some or all of their drug offenses. Washington's guide adds that the Pharmacy Commission's 2025 determination on kratom makes that route unlikely for kratom leaf.
• Designer-drug clauses: Pennsylvania has a designer-drug offense for unscheduled substances with effects substantially similar to a Schedule I, II or III drug, and Delaware's designer-drug definition may or may not cover a synthetic or semi-synthetic kratom compound.

None of those guides cites a court decision applying the clause to kratom, so these are open questions, not settled rules. Federal law has a similar clause: a controlled substance analogue intended for human consumption is treated as a Schedule I substance (21 U.S.C. 813). Whether it could reach an unlisted kratom compound would depend on a court finding that the compound meets the analogue definition, which is also an open question.

Kratom age limits by state

Where state law sets a purchase age, it is usually 21. Nineteen states set 21: Colorado, Delaware, Florida, Georgia, Kentucky, Maryland, Minnesota, Mississippi, Nebraska, New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Virginia, West Virginia and Wyoming. Five states set 18: Arizona, Illinois, Nevada, Oklahoma and Texas.

Most of these rules are written to sellers. Some states also make purchase or possession by an underage person an offense: Georgia bars a person under 21 from buying or possessing kratom, Minnesota makes possession under 21 a misdemeanor, Mississippi fines under-21 purchase or possession in a public place, South Dakota makes it a Class 2 misdemeanor, West Virginia makes possession under 21 a misdemeanor, North Dakota treats it as a noncriminal offense or infraction depending on age, and Illinois makes purchase or possession by a minor under 18 a Class B misdemeanor.

The ten states that schedule or ban mitragynine or the kratom plant have no age limit: their prohibitions apply at every age. Among the jurisdictions that schedule only 7-OH, Florida, Kentucky, North Dakota and Utah set age 21 for the kratom products they still allow, and D.C., Hawaii and Ohio set no age. Kentucky's age-21 rule applies until July 1, 2027, when its ban on processor and retailer sales takes effect.

7-OH rules: caps, thresholds and synthetic bans

States treat 7-OH in three ways: they schedule it (sometimes above a threshold), they cap it in kratom products, or they say nothing about it. The measures are not comparable, so a product that meets one state's limit can fail another's.

Many kratom laws also bar synthetic alkaloids outright, including synthetic 7-OH: the Arizona, Colorado, Georgia, Kentucky, Maryland, Mississippi, Nebraska, Oklahoma, Rhode Island, South Dakota, Texas, Virginia and Wyoming guides describe such a ban, and South Carolina bars fully synthetic alkaloids. Label rules often require the amounts of mitragynine and 7-OH a product contains to be stated, as in Arizona, Maryland, Oklahoma, South Carolina and South Dakota, and in New York from December 19, 2026.

New York's 7-OH sales ban bill (S8925A/A9156B) passed both houses in June 2026 but had not been signed when the New York guide was last updated, so it is not law.

Emergency rules and pending changes in 2026

Several of the 2025 and 2026 rules are temporary by design, and others take effect in stages. Dates on which something changes:

Bills are not law until enacted. Michigan HB 5537, Pennsylvania HB 2657, North Carolina H.B. 328, South Carolina H.4641, New Jersey S-301, Ohio H.B. 587, the Massachusetts sales bills (H.5127 and S.3198) and New York's 7-OH bill were all pending on the dates their state guides give.

Kratom and driving

A kratom law rarely says anything about driving; the state's impaired-driving statute does. Those statutes are written in two ways that matter here.

Impairment clauses cover driving under the influence of a drug, and some reach any impairing substance whether or not it is scheduled. Maine's law covers a drug other than alcohol without limiting it to scheduled drugs; New Hampshire's covers any natural or synthetic chemical substance that impairs the ability to drive; Montana's covers "any drug"; and Wyoming defines controlled substance for its DUI law to include any drug or psychoactive substance capable of impairing a person's faculties.

Per se clauses make a blood level, or any detectable amount, an offense by itself, and they reach only the substances they cover. Montana's per se list does not name kratom, mitragynine or 7-OH, and New Jersey's 0.08% per se limit concerns alcohol. Wisconsin, where mitragynine and 7-OH are Schedule I, makes driving with a detectable amount of a Schedule I substance other than THC in the blood an offense.

For each state's impaired-driving rules, penalties and testing, see our DUI laws by state guides.

City and county rules

State kratom laws are the floor in many places, not the ceiling. Mississippi's kratom act expressly lets cities and counties ban or restrict kratom, and Washington's drug-law preemption statute covers the field of penalties under the controlled substances act and local laws relating to controlled substances; kratom is not a controlled substance there, so on a plain reading the statute does not reach local kratom rules, though it does not settle whether a particular city rule is valid. Several state guides note local licensing, food-code enforcement or sales rules in particular cities.

A local rule never replaces state law: the state rule still applies alongside it, and where a state schedules a compound, a local license does not make it lawful. Check your city or county code, or call the local health department, for rules where you live.

Criminal records

In states that schedule or ban kratom compounds, a possession or sale charge is a criminal case and can leave a record. Whether a dismissed charge or a conviction can later be sealed or expunged depends on the state; see our expungement laws by state guides.

Check your state's law before relying on it

State kratom law changed quickly in 2025 and 2026, and several rules are temporary; the table and the dates above give each change.

Each state guide states the date its information reflects. Before relying on any rule, open the state guide in the table and the official source it cites, and watch the federal docket for DEA's new orders.

Related

• Psilocybin mushroom laws by state
• DUI laws by state
• Expungement laws by state
• Florida kratom laws
• Texas kratom laws
• California kratom laws

This guide provides general legal information about state and federal law, not legal advice. Kratom laws change quickly, and emergency rules expire on set dates. For advice about a specific situation, contact a lawyer licensed in your state or the state agency named in your state guide.

Last updated: 2026-10-12.

Frequently Asked Questions

Is kratom legal in the United States?

Federal law does not list kratom leaf, mitragynine or 7-OH in 21 CFR Part 1308 (October 6, 2026 version), so the answer depends on the state. Ten states control mitragynine or the plant, six states and D.C. schedule 7-OH but not the leaf by name, twenty states regulate sales by statute, and fourteen states have neither a schedule listing nor a kratom sales statute, though agencies in California and New Mexico restrict sales under food law.

Which states ban kratom?

State law controls mitragynine or the kratom plant itself in Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, Tennessee, Vermont and Wisconsin. Massachusetts does so by an emergency regulation in force from August 28, 2026 to August 28, 2027, and official state sources there disagree about criminal exposure.

Is 7-OH illegal?

It depends on the state. 7-OH is controlled or banned in the ten states that control mitragynine or the plant, and scheduled in some form or above a threshold in D.C., Florida, Hawaii, Kentucky, North Dakota, Ohio and Utah. Many regulating states cap 7-OH instead of scheduling it, and federally 7-OH is not yet scheduled.

Is the DEA banning 7-OH?

Not yet. DEA filed a notice of intent, scheduled for Federal Register publication on October 14, 2026, to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only above a threshold, alongside a second notice that would keep MGM-15 and MGM-16 listed without change. Notices are not orders; DEA says neither new temporary order will be issued before 30 days after publication.

What federal kratom compounds are already Schedule I?

A DEA temporary order effective August 26, 2026 placed three semi-synthetic 7-OH-related compounds in Schedule I: mitragynine pseudoindoxyl, MGM-15 and MGM-16 (91 FR 54948). It stays in effect until it expires or is replaced by new temporary orders, whichever comes first, and DEA has proposed two new orders that would keep MGM-15 and MGM-16 listed and list mitragynine pseudoindoxyl only above a threshold. It does not list kratom leaf, mitragynine or 7-OH.

What is the age limit for kratom?

Among states with a statewide purchase age, nineteen set 21 and five set 18 (Arizona, Illinois, Nevada, Oklahoma and Texas). The ten states that schedule or ban mitragynine or the plant have no age limit because their prohibitions apply at every age, and states with no kratom law set none.

Does FDA allow kratom supplements?

No. FDA says kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food, and that 7-OH is not lawful in dietary supplements or foods. FDA also says states may have their own rules.

Can you get a DUI for kratom?

It depends on the state impaired-driving statute. Some, such as Maine's and New Hampshire's, reach any impairing drug or substance whether or not it is scheduled. Per se clauses cover the substances they name: Montana's per se list does not name kratom, while Wisconsin's detectable-amount rule covers Schedule I substances, which there include mitragynine and 7-OH.

Can a city ban kratom if the state allows it?

In some states, yes. Mississippi's kratom act expressly lets cities and counties ban or restrict kratom, and in Washington, where kratom is not a controlled substance, the drug-law preemption statute on a plain reading does not reach local kratom rules, though it does not settle whether a particular city rule is valid. State law still applies alongside any local rule.

Which states changed their kratom laws in 2026?

Among others, Connecticut (Schedule I, April 2, 2026), Kansas and Tennessee (bans effective July 1, 2026), Massachusetts (emergency Schedule I, August 28, 2026), Florida (7-OH rule, August 18, 2026), Hawaii (emergency order, September 22, 2026), North Dakota (HB 1628, September 2026), Delaware (age 21, September 8, 2026), and new sales rules took effect in Rhode Island, Utah, Minnesota, New York and Wyoming.