Is Kratom Legal in Washington, DC? 7-OH Rules (2026 Law)

Kratom leaf and its main alkaloid, mitragynine, are not listed by name in the District of Columbia's drug schedules, but 7-hydroxymitragynine (7-OH) is: the D.C. Schedule I rule in 22-B DCMR 1201.1 lists "(Kratom) 7-hydroxymitragynine" among Schedule I substances. The D.C. Code sets no kratom age limit and no kratom labeling or registration rules, and possessing 7-OH is a misdemeanor punishable by up to 180 days in jail (D.C. Code 48-904.01(d)(1)). D.C.'s Schedule II also covers any opiate, which D.C. Code 48-901.02 defines by morphine-like effect rather than by name, so kratom leaf or mitragynine could be treated as a Schedule II opiate if a court found it meets that definition. 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 District of Columbia law on kratom and its compounds: the Schedule I statute (D.C. Code 48-902.04), the Schedule I rule in the D.C. Municipal Regulations (22-B DCMR 1201.1), the Mayor's scheduling authority (48-902.01), the drug offenses and penalties in D.C. Code 48-904.01, 48-904.06, 48-904.07, 48-904.07a, 48-904.08 and 22-3571.01, the shop-enforcement provisions of 7-1671.08, and the overdose protection in 7-403, with one paragraph on federal law. It does not cover federal enforcement on federal property in the District, employer or school policies, business license conditions, or the laws of Maryland or Virginia.

Is kratom legal in Washington, DC?

It depends on the compound. The District schedules drugs in two places: the Schedule I list written into the D.C. Code, and a Schedule I list in the D.C. Municipal Regulations that the Mayor adopts by rule. Kratom appears only in the second, and only as one compound.

The statute, D.C. Code 48-902.04, lists hallucinogens and other Schedule I substances but contains no entry for Mitragyna speciosa (kratom), mitragynine or 7-hydroxymitragynine. Its most recent amendment came from D.C. Law 22-243, effective March 13, 2019, which added synthetic drug classes and no kratom text.

The rule is where 7-OH appears. 22-B DCMR 1201.1, a Department of Health rule adopted under the Mayor's authority in D.C. Code 48-902.01(a), opens:

"1201.1 The controlled substances listed in this section are included in Schedule I of the Act unless removed therefrom pursuant to Section 201 of the Act"

Under the heading "Unclassified novel psychoactive substances," the list includes the entry "(Kratom) 7-hydroxymitragynine." That entry names a single compound. The rule does not list the kratom plant, kratom leaf or mitragynine, and the only mitragynine-family compound anywhere in the rule's text is 7-hydroxymitragynine.

So in D.C., kratom leaf and mitragynine are not listed by name in the controlled-substance schedules, while the compound 7-hydroxymitragynine is in Schedule I. D.C.'s Schedule II also covers "Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate" (48-902.06(1)(A)), and 48-901.02 defines an opiate as "any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability." That definition turns on a substance's effects, not its name, so an unlisted kratom alkaloid could be treated as a Schedule II opiate if a court found it meets that definition.

When did D.C. schedule 7-OH?

D.C. first listed 7-hydroxymitragynine in Schedule I by a Department of Health emergency rule adopted February 22, 2016 and published in the D.C. Register on March 25, 2016. A second emergency and proposed rule, adopted May 9, 2016 and published June 17, 2016 (63 DCR 8543), carried the entry forward. The listing became permanent in a final rule adopted November 21, 2016 and effective on its publication on December 2, 2016 (63 DCR 14819). The current codified version of 22-B DCMR 1201 took effect January 26, 2018 (65 DCR 0635) and still lists the entry.

The rulemaking history for the section ends with the February 2018 errata; it lists no later notice changing or removing the 7-OH entry. Because new D.C. Register notices can take time to reach the codified DCMR, check the 22-B DCMR 1201 page on DCRegs for current status before relying on it.

The Mayor schedules drugs by rule

D.C. Code 48-902.01(a) gives the Mayor the power to change the schedules:

"The Mayor shall administer this chapter and, with provision for public notice and comment, may add substances to or delete or reschedule all substances enumerated in the schedules in § 48-902.04, § 48-902.06, § 48-902.08, § 48-902.10 or § 48-902.12 pursuant to subchapter I of Chapter 5 of Title 2 and pursuant to the procedures set forth in this chapter."

That is why reading only the D.C. Code gives the wrong answer for 7-OH. The Code's Schedule I is silent, but the Mayor's rule adds 7-OH to "Schedule I of the Act," and the possession and distribution offenses apply to controlled substances in that schedule.

Is there an age limit for kratom in DC?

No. The D.C. Code sets no minimum age to buy or possess kratom, and the District has no Kratom Consumer Protection Act or kratom labeling, testing or retailer registration law. The only D.C. provisions that name kratom concern home food businesses. D.C. Code 7-742.11(3)(E) defines a microenterprise home kitchen business as one that does not prepare food products containing kratom, and a DC Health rule, 25-L DCMR 218.1(p) (effective October 17, 2025), lists food products containing kratom among the foods a microenterprise home kitchen business shall not sell. Neither sets an age limit or regulates kratom sold by other businesses.

For 7-OH, the buyer's age can raise the penalty. A person 21 or older who sells a Schedule I substance such as 7-OH to someone under 18 faces up to twice the prison term otherwise authorized (D.C. Code 48-904.06(b)), and a person 21 or older who enlists someone under 18 to sell controlled substances faces an additional penalty of up to 10 years for a first conviction (D.C. Code 48-904.07(b)).

Shop enforcement under the cannabis law. D.C.'s medical cannabis law adds a separate licensing and enforcement rule for businesses. Since December 17, 2024 (D.C. Law 25-255), D.C. Code 7-1671.08(g) has let the Alcoholic Beverage and Cannabis Board summarily close and padlock an unlicensed cannabis business that sells Schedule I substances "as enumerated in § 48-902.04," a statute that does not list 7-OH; an unlicensed business whose complete license application from the 90-day open application period is still pending is exempt while it is pending (D.C. Code 7-1671.06b(a)). A temporary emergency act, D.C. Act 26-391, in effect from July 30, 2026 until it expires on October 28, 2026 unless the Council extends it, added 7-1671.08(c-1), which makes it a violation for a licensed or unlicensed establishment to sell or deliver Schedule I substances. While the act is in effect, it also treats any business that sells Schedule I substances from a D.C. location as an unlicensed establishment for these enforcement rules, whether or not it sells cannabis, applies them whether or not a license application is pending, and counts a substance listed in rules implementing 48-902.04, such as 7-OH, as a Schedule I substance. A companion temporary act, Bill 26-760, contains the same (c-1) rule and the same Schedule I substance definition; it passed the Council on September 22, 2026 and was sent to the Mayor on October 6, 2026. It would take effect only after the Mayor approves it (or the Council overrides a veto) and a 30-day period of congressional review, and would then last up to 225 days, so these provisions may lapse for a time after October 28, 2026. These provisions govern businesses; they do not change the possession offense.

What are the penalties for 7-OH in DC?

Because 7-OH is in Schedule I, the general drug offenses in D.C. Code 48-904.01 apply to it. Kratom leaf and mitragynine are not listed by name, so these offenses would reach them only if a court found that one is an "opiate" under 48-901.02 and so falls within Schedule II (48-902.06(1)(A)).

Repeat offenses. Under D.C. Code 48-904.08, a person with any earlier controlled-substance conviction (in D.C., under federal law or in any state) may receive up to twice the prison term and twice the fine otherwise authorized.

Possession. Section 48-904.01(d)(1) provides:

"It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter or Chapter 16B of Title 7, and provided in § 48-1201. Except as provided in paragraph (2) of this subsection, any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 180 days, fined not more than the amount set forth in § 22-3571.01, or both."

The fine statute, 22-3571.01(b)(4), sets that amount at "$1,000 if the offense is punishable by imprisonment for 180 days, or 6 months, or less but more than 90 days."

For a person with no earlier drug conviction, D.C. Code 48-904.01(e) lets the court, with the person's consent, defer judgment and order probation of up to one year. If the person meets the conditions, the court must dismiss the case, and the person may then ask the court to expunge the arrest and case records under 48-904.01(e)(2).

Manufacture and distribution. Section 48-904.01(a)(1) makes it unlawful "knowingly or intentionally to manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance." The penalty depends on the drug. Subsection (a)(2)(A) carries up to 30 years for a Schedule I or II substance "that is a narcotic or abusive drug," and (a)(2)(B) carries up to 5 years for "any other controlled substance classified in Schedule I, II, or III, except for a narcotic or abusive drug."

The definitions in D.C. Code 48-901.02 decide which tier applies. "Abusive drug" means only phencyclidine, methamphetamine and phenmetrazine. "Narcotic drug," in 48-901.02(15), covers opium and its derivatives, the opium poppy and poppy straw, cocaine and ecgonine, and does not name 7-hydroxymitragynine. On that text, 7-OH falls in the 5-year tier of (a)(2)(B). The statute does not name 7-OH in either tier, so the 5-year tier is a reading of the definitions rather than an express rule.

Drug free zones. Under D.C. Code 48-904.07a, distributing or possessing with intent to distribute any Schedule I through V substance within a drug free zone "shall be punished by a fine up to twice that otherwise authorized by this chapter to be imposed, by a term of imprisonment up to twice that otherwise imposed, or both." Subsection (a) defines the zones by distance (1,000 feet) from appropriately identified day care centers, schools, colleges, public pools, playgrounds, video arcades, youth centers and public libraries, and includes areas in and around public housing and events those places sponsor.

Overdose calls. D.C. Code 7-403 provides that possession under 48-904.01(d) "shall not be considered" a crime, and cannot be the sole basis for revoking supervision, for a person who seeks health care in good faith for an overdose, the person experiencing it, or a bystander, when the offense arises from the same circumstances. It does not cover distribution or other offenses, although seeking help may be treated as a mitigating factor for them.

Research. D.C. Code 48-903.03(c) provides that "Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within the District of Columbia upon furnishing the Mayor evidence of that federal registration." That route is for registered researchers, not for retail sale.

Does federal scheduling change DC law?

D.C. has no automatic-adoption rule. D.C. Code 48-902.01(d) leaves the choice to the Mayor:

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly designate, reschedule, or delete the controlled substance under this chapter, or may otherwise designate, reschedule or delete as a controlled substance pursuant to subsections (a) and (b) of this section."

Any change to D.C.'s own schedules runs through a Mayor's rule with public notice and comment under 48-902.01(a). The DEA's temporary order of August 26, 2026 covers mitragynine pseudoindoxyl, MGM-15 and MGM-16; the District's Schedule I rule text effective January 26, 2018 names none of the three. Those compounds are controlled under federal law, which applies throughout D.C., while the order is in effect.

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 6, 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. Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

D.C. Code 50-2206.11 prohibits operating or being in physical control of a vehicle "(1) While the person is intoxicated; or (2) While the person is under the influence of alcohol or any drug or any combination thereof," and 50-2206.14 separately covers operating while the person's ability "is impaired by the consumption of alcohol or any drug or any combination thereof." Neither depends on whether the drug is scheduled; see our guide to District of Columbia DUI laws. A 7-OH conviction creates a criminal record, and whether it can later be sealed is covered in our guide to District of Columbia expungement laws.

Related

• Kratom laws by state
• District of Columbia DUI laws
• District of Columbia expungement laws
• District of Columbia psilocybin mushroom laws

This article provides general legal information about District of Columbia law as of October 11, 2026. It is not legal advice. The D.C. schedules can change by Mayor's rule, and federal kratom scheduling is in motion. For advice about a specific situation, contact a lawyer licensed in the District of Columbia.

Last updated: 2026-10-11. The D.C. Schedule I rule is quoted from its codified text effective January 26, 2018, as published on DCRegs.

Frequently Asked Questions

Is kratom legal in Washington, DC?

Kratom leaf and mitragynine are not listed by name in the District of Columbia's schedules (D.C.'s Schedule II also covers any opiate, a term 48-901.02 defines by morphine-like effect rather than by name, so they could be treated as a Schedule II opiate if a court found they meet that definition), but 7-hydroxymitragynine (7-OH) is a Schedule I controlled substance under the D.C. Schedule I rule, 22-B DCMR 1201.1. The D.C. Code sets no kratom age limit or labeling rules.

Is 7-OH illegal in DC?

Yes. 22-B DCMR 1201.1 lists (Kratom) 7-hydroxymitragynine in Schedule I. The entry has been listed since a 2016 Department of Health rule, and the current codified version of that rule took effect January 26, 2018. Possessing it without a prescription is a misdemeanor under D.C. Code 48-904.01(d)(1).

What is the penalty for possessing 7-OH in DC?

Up to 180 days in jail, a fine of up to $1,000, or both (D.C. Code 48-904.01(d)(1) and 22-3571.01(b)(4)). Selling it or possessing it with intent to distribute carries up to 5 years, a fine of up to $12,500, or both under 48-904.01(a)(2)(B) and 22-3571.01(b)(6) on the statute's definitions.

Is there an age limit for kratom in DC?

No. The D.C. Code sets no minimum age for buying or possessing kratom, and it has no Kratom Consumer Protection Act.

Will the DEA 7-OH scheduling apply in DC?

Federal law applies in D.C. on its own terms once a DEA order takes effect. D.C.'s own schedules change only if the Mayor issues a rule, because D.C. Code 48-902.01(d) says the Mayor may follow a federal scheduling action. The DEA's new 7-OH notice, scheduled for publication October 14, 2026, is a notice of intent, not an order.

Does calling 911 for an overdose protect me from a possession charge in DC?

D.C. Code 7-403 provides that possession under 48-904.01(d) is not considered a crime for a person who seeks health care in good faith for an overdose, the person experiencing it, or a bystander, when the offense arises from the same circumstances. It does not cover other offenses, such as distribution.