Is Kratom Legal in Arizona? (2026 Law)

Kratom is not scheduled in Arizona's drug statutes, but its sale is regulated. Arizona's dangerous-drug and narcotic-drug definitions in A.R.S. 13-3401 contain no entry for kratom, mitragynine or 7-hydroxymitragynine (7-OH); instead, A.R.S. 36-795 through 36-795.03 treat kratom as a food product, bar sales to anyone under 18, require labels stating the mitragynine and 7-OH content, and cap 7-OH at two percent of a product's alkaloid composition. 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 Arizona state law on kratom: the kratom article of the Arizona Revised Statutes (A.R.S. 36-795 through 36-795.03), the drug definitions in A.R.S. 13-3401, the federal-adoption rule in A.R.S. 36-2512(A) and the 2026 act adding A.R.S. 36-2517.03, the 2026 kratom bills, misdemeanor sentencing limits and one line of the driving statute, with one paragraph on federal law. It does not cover the text of Arizona State Board of Pharmacy rules, city or county ordinances, tribal law, employer or school policies, military rules or other states' laws.

Is kratom legal in Arizona?

Kratom is not scheduled in Arizona's criminal code. A.R.S. 13-3401 defines "dangerous drug" and "narcotic drugs" for Arizona's drug offenses, and neither definition names kratom, mitragynine or 7-OH. The statutory sections of Arizona's controlled substances act, A.R.S. 36-2511 through 36-2517, contain no kratom entry either.

Arizona instead regulates kratom as a food. Its kratom article, enacted as the "Kratom Consumer Protection Act" by Laws 2019, ch. 156 (approved by the Governor April 30, 2019; effective August 27, 2019), defines a kratom product this way (A.R.S. 36-795):

"Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa.

The rules fall on sellers. The article's definitions reach a "processor," meaning "a person that sells, prepares, manufactures, distributes, wholesales or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products," and a "retailer," meaning "a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products." Laws 2022, ch. 253 (approved May 23, 2022; effective September 24, 2022) replaced the 2019 act's single term "dealer" with these two terms.

Kratom age limit in Arizona

The minimum age is 18. A.R.S. 36-795.02(B) provides:

"A processor or retailer may not distribute, sell or expose for sale a kratom product to an individual who is under eighteen years of age."

The rule is written as a duty on the processor or retailer. The kratom article does not make it an offense for a person under 18 to buy or possess kratom.

What kratom products are banned in Arizona?

A.R.S. 36-795.02(A) lists five kinds of products a processor or retailer "may not prepare, distribute, sell or expose for sale":

The 7-OH rule is a ceiling, not a ban on the compound. Paragraph 3 bars:

"A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product."

Paragraph 4 is broader for synthetic compounds. It bars any product containing "any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant," with no percentage allowance.

Kratom labeling rules

Two label rules apply. First, A.R.S. 36-795.01(A) requires a processor or retailer that sells a food "represented to be a kratom product" to "disclose on the product label the factual basis on which that representation is made," and subsection B bars selling one that does not conform. Second, A.R.S. 36-795.02(A)(5) requires the package or label of any kratom-containing product to state the amount of mitragynine and 7-OH the product contains.

Penalties for violating Arizona's kratom law

A seller violation is a misdemeanor. A.R.S. 36-795.03(B) provides:

"A processor or retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdemeanor."

Arizona's sentencing statutes set the range for a class 2 misdemeanor: a jail term of up to four months (A.R.S. 13-707(A)(2)) and a fine of not more than $750 (A.R.S. 13-802(B)). That $750 cap does not apply to an enterprise, such as a corporation (A.R.S. 13-802(F)); A.R.S. 13-803(A)(3) allows a fine of up to $10,000 on an enterprise for a class 2 misdemeanor. A.R.S. 13-707(B) separately provides that certain repeat misdemeanor offenders "shall be sentenced for the next higher class of offense"; the statute sets the conditions.

The act also gives people harmed by a violation a civil remedy. Under A.R.S. 36-795.03(C), a person aggrieved by a violation of 36-795.01(B) or 36-795.02(A) "may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages."

Two more provisions round out enforcement:

• Good-faith defense: under A.R.S. 36-795.03(D), a processor or retailer does not violate 36-795.01(B) or 36-795.02(A) "if the court finds by a preponderance of the evidence that the processor or retailer relied in good faith on the representation of a manufacturer, packer or distributor that the food was a kratom product."
• Food law: under A.R.S. 36-795.03(A), violations and enforcement of the kratom article "are governed by chapter 8 of this title," Arizona's pure food control chapter, in addition to the remedies in the section itself. In that chapter's adulteration and misbranding article, "director" means the director of the Arizona Department of Health Services, who "may make regulations to enforce the provisions of this article" (A.R.S. 36-901(4), 36-911(A)).

The kratom article's criminal penalty attaches to processors and retailers. It contains no possession offense for buyers. A conviction for the seller offense is a criminal record; our guide to Arizona expungement laws explains how Arizona treats past convictions.

Kratom bills in 2026: what did not become law

Two 2026 kratom bills were introduced in the 57th Legislature's second regular session, and neither was enacted:

HB 2415 passed the House on February 26, 2026 and passed the Senate in amended form on April 21, 2026, but it was then held in the Senate and received no action by the Governor. Its last version would have raised the sales age to 21, made a sales violation a class 1 misdemeanor and a second violation within 24 months a class 6 felony, added to Arizona's narcotic-drug definition any material containing at least 800 parts per million of 7-OH or any quantity of synthetic 7-OH, synthetic mitragynine or pseudoindoxyl, barred retail sales within 500 feet of a school, child care facility or preschool facility, and restricted kratom advertising. SB 1492, which never left committee, would have required retailers to keep kratom products behind the sales counter and barred misleading packaging, child-appealing product forms and advertising to children. None of these provisions is law.

Because neither bill passed, nothing in them changed Arizona's age 18 floor, its two percent 7-OH ceiling or its penalties. The kratom article's current text matches the 2022 amendment.

Would federal scheduling change Arizona law?

Arizona follows federal Schedule I changes through its Board of Pharmacy, not automatically. A.R.S. 36-2512(A) provides:

"The board shall adopt by rule the schedule I controlled substances listed in 21 Code of Federal Regulations section 1308.11 and section 13-3401 and shall amend the rules, as necessary, to reflect any changes in the schedule I controlled substance designations."

The statute sets no deadline for that rule. The Board's rule, A.A.C. R4-23-1004, adopts the federal Schedule I list in 21 CFR 1308.11 as of the rule's effective date (May 2, 2022) and states: "The schedules adopted include no later amendments." It therefore does not include the three compounds in the August 26, 2026 federal order described below. As of October 2026 the Board's posted 2026 rulemakings do not amend that rule.

A 2026 act added a separate automatic rule, but it is limited to FDA-approved medicines. Laws 2026, ch. 216 (SB 1188, approved by the Governor June 22, 2026; effective September 12, 2026) added A.R.S. 36-2517.03, under which, "without any further action by the board":

"Any compound, mixture or preparation that is approved by the United States food and drug administration and that is scheduled or rescheduled by the United States drug enforcement administration is assigned the identical schedule under this chapter."

Kratom, mitragynine, 7-OH and the compounds in the August 2026 federal order are not FDA-approved drugs, so A.R.S. 36-2517.03 does not apply to them. A federal kratom-compound order would reach Arizona's schedules through the Board rule under A.R.S. 36-2512(A).

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. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026 (91 FR 54948). The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication 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 (91 FR 40917) 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, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events. Our kratom laws by state hub covers the federal layer in more detail.

Driving after using kratom

A.R.S. 28-1381(A)(3) prohibits driving "while there is any drug defined in section 13-3401 or its metabolite in the person's body"; kratom is not a drug defined in 13-3401, so that any-amount clause does not name it. The impairment clause is broader: A.R.S. 28-1381(A)(1) prohibits driving under the influence of "any drug" if the person is "impaired to the slightest degree," and it is not limited to drugs defined in 13-3401. Our guide to Arizona DUI laws covers the penalties.

Related

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

This article provides general legal information about Arizona state law as of October 11, 2026. It is not legal advice. Legislative sessions, Board of Pharmacy rules and federal scheduling actions can change the rules. For advice about a specific situation, contact a lawyer licensed in Arizona, the Arizona State Board of Pharmacy or the Arizona Department of Health Services.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Arizona?

Kratom is not a dangerous drug or narcotic drug under A.R.S. 13-3401. Arizona regulates it as a food product under A.R.S. 36-795 through 36-795.03, which sets an age 18 sales floor, labeling rules and a cap on 7-OH, and makes seller violations a class 2 misdemeanor.

What is the kratom age limit in Arizona?

Under A.R.S. 36-795.02(B), a processor or retailer may not distribute, sell or expose for sale a kratom product to an individual who is under 18. The 2026 kratom bills HB 2415 and SB 1492 did not become law, so the age floor remains 18.

Is 7-OH legal in Arizona?

No Arizona statute schedules 7-OH. A.R.S. 36-795.02(A) bars selling a kratom product whose 7-OH level is greater than two percent of its alkaloid composition, and any product containing synthetic 7-OH or another synthetic kratom alkaloid.

What is the penalty for selling kratom illegally in Arizona?

A processor or retailer who violates A.R.S. 36-795.01(B) or 36-795.02 is guilty of a class 2 misdemeanor under A.R.S. 36-795.03(B), punishable by up to four months in jail (A.R.S. 13-707) and a fine of up to $750 for an individual (A.R.S. 13-802) or up to $10,000 for an enterprise such as a corporation (A.R.S. 13-803). An aggrieved person may also sue for damages.

Did Arizona raise the kratom age to 21?

No Arizona law raises the kratom age above 18. A.R.S. 36-795.02(B) sets it at 18, and the 2026 kratom bills HB 2415 (held in the Senate) and SB 1492 (held in committees) did not become law.

Will a federal 7-OH ban apply in Arizona?

A.R.S. 36-2512(A) directs the Board of Pharmacy to adopt federal Schedule I changes by rule, so a federal order would reach Arizona's state schedule through Board action. The DEA's new 7-OH proposal is a notice of intent, not an order.

Can you get a DUI for kratom in Arizona?

A.R.S. 28-1381(A)(1) prohibits driving under the influence of any drug if the person is impaired to the slightest degree, and that clause is not limited to drugs defined in A.R.S. 13-3401. The separate any-amount clause in 28-1381(A)(3) covers only drugs defined in 13-3401, and kratom is not defined there. The Arizona DUI laws guide covers the penalties.