Is Kratom Legal in Alaska? Kratom and 7-OH Law (2026)

Alaska's controlled-substance schedules (AS 11.71.140 to 11.71.190) do not list kratom, mitragynine or 7-hydroxymitragynine (7-OH) by name, and no Alaska statute sets a kratom age limit, labeling rules or vendor registration. Schedule IA also covers any opiate, which AS 11.71.900(16) defines by morphine-like effect rather than by name, so 7-OH could be treated as a Schedule IA opiate if a court found it meets that definition. On March 31, 2026, the state's Controlled Substances Advisory Committee recommended that 7-OH and two related compounds be classified as Schedule IIA controlled substances; that is a recommendation to the governor, not law. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alaska state law on kratom: the controlled-substance schedules in AS 11.71.140 to 11.71.190 and the definition in AS 11.71.900(5), the Attorney General's emergency scheduling power in AS 11.71.125, the Controlled Substances Advisory Committee's 2025-2026 kratom recommendation, and the driving-under-the-influence statute (AS 28.35.030), with one paragraph on federal law. It does not cover city or borough ordinances, employer or school policies, military rules or other states' laws.

Is kratom legal in Alaska?

Alaska does not list kratom as a controlled substance by name. Its six schedules, AS 11.71.140 through 11.71.190, contain no entry for kratom, the plant Mitragyna speciosa, mitragynine or 7-OH, and chapter 11.71 as a whole does not use any of those words. Schedule IIA, AS 11.71.150, is the schedule the advisory committee has proposed for 7-OH; its letter does not say which of the section's lists 7-OH would join. The hallucinogen list in subsection (b) opens:

"Schedule IIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances"

Its items run from (1) to (20), ending with psilocybin, psilocyn and MDMA, and none is a kratom compound.

What counts as a controlled substance in Alaska is set by definition. AS 11.71.900(5) provides:

"'controlled substance' means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 - 11.71.190 or included in those schedules by an emergency regulation adopted under AS 11.71.125;"

Because kratom, mitragynine and 7-OH are not listed in the schedules, they are not listed as controlled substances under that definition today. Some entries reach substances by description rather than by name, though: Schedule IA covers "opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate" (AS 11.71.140(b)(1)), and AS 11.71.900(16) defines an opiate as "a substance having an addiction-forming or addiction-sustaining capability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining capability." So 7-OH or another kratom compound could be treated as a Schedule IA opiate if a court found it meets that definition. A product that contains a compound on a federal schedule is still covered by federal law in Alaska (see the federal section below).

Is there a kratom age limit or sales law in Alaska?

No. Alaska has not enacted a Kratom Consumer Protection Act or any similar law. The controlled-substance chapter (AS 11.71) and the Title 17 chapters AS 17.20, AS 17.30 and AS 17.38 contain no provision on kratom sales, a minimum purchase age, labels, vendor registration or 7-OH content. Because no kratom statute exists, no kratom provision carries an effective date.

None of the 25 bills that the Alaska Legislature indexes under the subject "Drugs" for its 2025-2026 session (the 34th Legislature) concerns kratom, mitragynine or 7-OH.

The 2026 advisory committee recommendation (not law)

Alaska's Controlled Substances Advisory Committee (CSAC) advises the governor on the need to add, delete or reschedule substances (AS 11.71.110). Since July 1, 2026, the committee has been established in the Department of Commerce, Community, and Economic Development's division for corporations, business, and professional licensing, under AS 11.71.100(a) as amended by chapter 9, SLA 2026 (House Bill 239). It was previously in the Department of Law, whose committee page holds the 2025-2026 letter and minutes. In a letter to the governor dated March 31, 2026, the committee wrote:

"The CSAC formally recommends that kratom, specifically the chemical component of its refined processed form: 7-Hydroxy-mitragynine, and its chemical derivatives: Mitragynine pseudoindoxyl and dihydro-7-hydroxy Mitragynine, be classified as schedule IIA controlled substances."

The letter's subject line refers to "Scheduling Kratom as a IIA," but the operative sentence names refined 7-OH and two derivatives, not the kratom leaf. The committee's path there was not straight: the minutes of its December 18, 2025 meeting record an earlier vote to recommend kratom for Schedule IIIA, and a discussion that scheduling only 7-OH "would preclude kratom plant material."

The same December minutes record what members said would follow if the substances were controlled:

"Chairperson Rasmussen responds that once controlled it could not be sold. Runnels confirms, possession Class A Misdemeanor Fed without prescription or exception per Chapter 17, manufacturing, delivering, or possession with intent to manufacture or deliver Class B felony."

These are statements at a committee meeting, not law. A recommendation does not change the schedules. Under AS 11.71.900(5), a substance becomes controlled in Alaska only when it is placed in the schedules, which takes legislation, or when the Attorney General adds it by emergency regulation under AS 11.71.125.

Can the Attorney General schedule kratom compounds by emergency regulation?

Only compounds that are already federally scheduled. AS 11.71.125 limits the power:

"(c) The attorney general may schedule a substance by emergency regulation under this section only if the substance is currently listed on a federal controlled substance schedule. ... (e) The attorney general shall post a notice on the Alaska Online Public Notice System (AS 44.62.175) 60 days before the effective date of an emergency regulation that schedules a substance."

Alaska has no provision that adds federally scheduled substances to its own schedules automatically. Two of the three compounds in the committee's letter, mitragynine pseudoindoxyl and dihydro-7-hydroxymitragynine (MGM-15), have been on federal Schedule I since August 26, 2026. That federal listing meets the threshold in subsection (c), but it does not add them to Alaska's schedules. Subsection (a) also requires the Attorney General to find that scheduling a substance on an emergency basis "is necessary to avoid an immediate hazard to public safety"; subsection (b) requires the Attorney General to assess the substance's actual or probable abuse and risk to public health, consider whether it has been scheduled on a temporary basis under federal law, and consult the committee and the chief medical officer in the Department of Health; and subsection (e) requires the 60-day notice. Until such a regulation takes effect, or the legislature adds them to the schedules, they are not listed by name in Alaska's schedules, although Schedule IA's "opiate" clause (AS 11.71.140(b)(1) and AS 11.71.900(16)) could reach them if a court found they meet that definition. Separately, AS 11.71.120(b) provides that "If a substance is added as a controlled substance under federal law, the governor shall introduce legislation in accordance with the federal law"; that duty does not itself change the schedules. 7-OH and mitragynine are not on a federal schedule, so subsection (c) does not allow the Attorney General to schedule them by emergency regulation today.

We have not found an Attorney General emergency regulation or 60-day notice scheduling a kratom compound in Alaska as of October 11, 2026. Under subsection (e), any such regulation would first be noticed on the Alaska Online Public Notice System 60 days before it takes effect.

What penalties apply to kratom in Alaska?

Alaska's drug offenses in chapter 11.71 are written for controlled substances. The schedules do not list kratom, mitragynine or 7-OH by name, and Alaska has no kratom-specific penalty statute. Schedule IA also covers any "opiate" (AS 11.71.140(b)(1)), a term AS 11.71.900(16) defines by morphine-like addiction-forming capability rather than by name, so these offenses could reach 7-OH or another kratom compound if a court found it meets that definition.

The three compounds in the August 2026 DEA order are a different matter. The order states that it "imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle these three 7-hydroxymitragynine-related substances." Those federal sanctions apply in Alaska whatever Alaska's own schedules say.

Federal kratom law

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308.11. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026. The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. That notice states that the DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold is being withdrawn in a separate document. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change," to distinguish them from mitragynine pseudoindoxyl. Neither notice is an order, and the DEA says neither new temporary order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food. Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Alaska's driving-under-the-influence statute, AS 28.35.030(a)(1), covers driving or operating "while under the influence of an alcoholic beverage, intoxicating liquor, inhalant, or any controlled substance, singly or in combination." Its other clause, (a)(2), is a chemical-test threshold of "0.08 percent or more by weight of alcohol in the person's blood" and applies to alcohol. Kratom, mitragynine and 7-OH are not listed by name as controlled substances in Alaska, so the controlled-substance words of (a)(1) do not name them as written; this page does not address how a court would treat a particular impairment case. See our guide to Alaska DUI laws.

Alaska's schedules do not list kratom, mitragynine or 7-OH by name, so the drug offenses in chapter 11.71 would apply to possessing them only if a court found that one is an "opiate" covered by Schedule IA (AS 11.71.140(b)(1)). For how Alaska handles criminal records generally, see Alaska expungement laws.

The statute text on this page is quoted from the Alaska Legislature's online Alaska Statutes, which do not show an amendment history for each section. As of October 11, 2026, the online text of AS 11.71.100(a) does not yet show its amendment by chapter 9, SLA 2026; that act did not amend the other sections quoted here.

Related

• Kratom laws by state
• Alaska DUI laws
• Alaska expungement laws
• Alaska psilocybin mushroom laws

This article provides general legal information about Alaska state law as of October 11, 2026. It is not legal advice. Legislation, Attorney General emergency regulations and federal scheduling actions can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in Alaska or the Alaska Department of Law.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Alaska?

Alaska's controlled-substance schedules (AS 11.71.140 to 11.71.190) do not list kratom, mitragynine or 7-OH by name (Schedule IA's opiate clause could still reach 7-OH if a court found it meets the definition in AS 11.71.900(16)), and no Alaska statute regulates kratom sales or sets an age limit. Three semi-synthetic kratom-related compounds are federal Schedule I substances, and federal law applies in Alaska.

Is 7-OH banned in Alaska?

No Alaska statute or schedule entry lists 7-hydroxymitragynine by name. Schedule IA also covers any opiate, which AS 11.71.900(16) defines by morphine-like effect rather than by name, so 7-OH could be treated as a Schedule IA opiate if a court found it meets that definition. The Controlled Substances Advisory Committee recommended on March 31, 2026 that it be classified as Schedule IIA, but a recommendation does not change the schedules. Federally, a DEA notice of intent to temporarily schedule 7-OH above a threshold is pending, not an order.

What is the age limit for kratom in Alaska?

Alaska state law sets no minimum age for buying or possessing kratom, and no Alaska statute requires kratom labels, vendor registration or a 7-OH limit.

Could Alaska schedule 7-OH?

Yes, by statute, or by an Attorney General emergency regulation, which requires a finding that it is necessary to avoid an immediate hazard to public safety and is available only for a substance already on a federal schedule (AS 11.71.125(a), (c)), with notice posted 60 days before it takes effect. As of October 11, 2026 the schedules do not list 7-OH, and 7-OH is not on a federal schedule.

What would the penalty be if 7-OH were scheduled in Alaska?

No kratom compound is listed by name, so no Alaska penalty applies to them on the face of the schedules; Schedule IA's opiate clause (AS 11.71.140(b)(1)) could still reach 7-OH if a court found it meets the effect-based definition in AS 11.71.900(16). If 7-OH were added to Schedule IIA as the committee recommended, the existing Schedule IIA offenses would reach it: possessing any amount is a class A misdemeanor (AS 11.71.050(a)(4)); possessing it with reckless disregard that the possession occurs on or within 500 feet of school grounds or a recreation or youth center, or on a school bus, is a class B felony (AS 11.71.030(a)(3)); manufacturing or delivering any amount, or possessing any amount with intent to manufacture or deliver, is a class B felony (AS 11.71.030(a)(9)); and delivering any amount to a person under 19 who is at least three years younger is an unclassified felony (AS 11.71.010(a)(2)).

Does the federal kratom compound order apply in Alaska?

Yes. The DEA temporary order effective August 26, 2026 places mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I until it expires or is replaced by new temporary orders, and federal law applies in Alaska. It does not cover kratom leaf, mitragynine or 7-OH.

Can I get a DUI for kratom in Alaska?

AS 28.35.030(a)(1) covers driving under the influence of alcohol, an inhalant or any controlled substance, and kratom, mitragynine and 7-OH are not listed by name as controlled substances in Alaska. The statute's 0.08 percent test in (a)(2) is for alcohol. Any impairment case turns on its facts.