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

Since September 22, 2026, a Hawaii emergency scheduling order under HRS 329-11(e) has placed 7-hydroxymitragynine (7-OH) above a set threshold, mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, so knowingly possessing any amount of a listed substance is a class C felony under HRS 712-1243. Mitragynine and kratom plant material at or below the order's 7-OH threshold are not listed by name, no Hawaii statute sets a kratom age limit or sales rules, and the emergency listings lapse unless the 2027 regular session of the Legislature enacts them. Hawaii's Schedule II also covers any opiate, which HRS 329-1 defines by morphine-like effect rather than by name, so mitragynine or kratom plant material at or below the threshold 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 Hawaii state law on kratom: the Department of Law Enforcement's September 22, 2026 emergency scheduling order, the Uniform Controlled Substances Act schedules in HRS chapter 329 and its definition of controlled substance, the scheduling powers in HRS 329-11, the 2025-2026 kratom bills, the drug offenses and sentencing terms in HRS chapters 712 and 706, and the driving-under-the-influence statute (HRS 291E-61), with one paragraph on federal law. It does not cover county ordinances, Department of Health rules, employer or school policies, military rules or other states' laws.

Is kratom legal in Hawaii?

Since September 22, 2026, Hawaii's Schedule I entry for 7-OH names kratom: it reaches kratom plant material and kratom products whose 7-OH content is above the threshold the emergency order sets. Kratom leaf at or below that threshold, and mitragynine, are not listed by name. The Department of Law Enforcement's Narcotics Enforcement Division issued an Emergency Controlled Substance Scheduling Action under HRS 329-11(e) that amends the Schedule I opiate list in HRS 329-14(b) to add four kratom-related compounds:

• 7-hydroxymitragynine (7-OH), above a specified threshold (new item (55));
• mitragynine pseudoindoxyl (new item (73));
• MGM-15, also known as dihydro-7-hydroxymitragynine (new item (36));
• MGM-16, also known as 9-fluoro-dihydro-7-hydroxymitragynine (new item (50)).

For each compound, the order states that the Administrator of the Narcotics Enforcement Division "is emergency scheduling" it, with its salts, isomers and salts of isomers. Its closing paragraph says the action "shall take effect on September 22, 2026, as required under Section 329-11(e)." Because the entries were added by department order and not by an act, the codified text of HRS 329-14 on the Legislature's website does not show them.

Where the 7-OH line falls

The 7-OH entry covers 7-OH, including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers, "above a specified threshold." The order words the threshold this way:

"Any botanical material of the plant Mitragyna speciosa, also known as kratom, and contains more than 0.050 percentage of 7-hydroxymitragynine on a dry weight basis, or, any alternative article or material to that described in (A), that is: resulting from synthetic methods and containing 7-hydroxymitragynine present in amounts greater than 0.050 percentage weight/weight, weight/volume, or volume/volume or greater than 1.00 milligram of 7-hydroxymitragynine in the article, or material derived from Mitragyna speciosa and further processed to manufacture alternative dosage forms such as extracts, concentrates, processed edibles, or pressed pills, and which may have materials that have been exposed to chemical, thermal, or other methods leading to chemical transformations that result in 7-hydroxymitragynine present in amounts greater than 0.050 percentage weight/weight, weight/volume, or volume/volume or greater than 1.00 milligram of 7-hydroxymitragynine in the article"

So for kratom plant material the line is 7-OH content of more than 0.050 percent on a dry weight basis. For a synthetic article, or a processed product made from the plant, it is more than 0.050 percent (weight/weight, weight/volume or volume/volume) or more than 1.00 milligram of 7-OH in the article. The threshold marks where the legal listing begins; it is not a product standard.

The order does not list mitragynine, the main alkaloid in kratom, and its 7-OH entry does not reach plant material at or below the 0.050 percent threshold. Mitragynine pseudoindoxyl, MGM-15 and MGM-16 are listed without a threshold. The order presents its 7-OH threshold as the one in the DEA's July 2026 notice of intent (91 FR 40917), which the DEA's October 2026 notice says is being withdrawn; Hawaii's entry keeps the wording quoted above, which differs from the threshold in the DEA's newer October 2026 notice described in the federal section below.

What counts as a controlled substance is set by definition. HRS 329-1 provides:

"'Controlled substance' means a drug, substance, or immediate precursor in schedules I through V of part II."

The four listed compounds are now in Schedule I. Mitragynine and kratom plant material at or below the threshold are not listed by name in any Hawaii schedule, though Schedule II's "opiate" clause (HRS 329-16(b)(1)) could reach an unlisted compound if a court found it meets the definition in HRS 329-1. Schedule II covers "Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate," and HRS 329-1 defines an opiate as "any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability."

How long the emergency listings last

HRS 329-11(e) provides:

"(e) The administrator may make an emergency scheduling by placing a substance into schedule I, II, III, IV, or V on a temporary basis, if the administrator determines the action is necessary to address or avoid a current or imminent danger to the health and safety of the public."

Subsection (e) requires the department to post public notice 30 days before the effective date of an emergency scheduling action, and it ends:

"If a substance is added or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not enacted the corresponding changes in this chapter, the temporary designation of the added or rescheduled substance shall be nullified."

The next regular session after the September 2026 order is the 2027 regular session. If that session ends without enacting the corresponding changes, the statute's words nullify the four entries; if it enacts them, they become part of chapter 329 on the terms of that act. Until then, the order's entries stand as Schedule I listings.

The federal-adoption route. HRS 329-11(d) separately covers federal scheduling changes:

"The department of law enforcement shall similarly designate the substance as added, deleted, or rescheduled under this chapter, after the expiration of thirty days from publication in the Federal Register of a final order, and this change shall have the effect of law. If a substance is added, deleted, or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not made the corresponding changes in this chapter, the temporary designation of the added, deleted, or rescheduled substance shall be nullified."

The trigger in that text is a federal "final order." A DEA notice of intent is not a final order, and subsection (d) does not say whether a DEA temporary scheduling order counts. Hawaii used subsection (e), not subsection (d), for these four compounds.

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

No. Hawaii has no kratom statute. Chapter 329 and the drug-offense part of chapter 712 (HRS 712-1240 to 712-1250) contain no provision on kratom sales, a minimum purchase age, labels or product registration. The emergency order names the compounds it adds to Schedule I; it sets no age limit or label rules for kratom products outside its listings.

Two identical bills would have changed that. HB 717 and SB 463, each titled the Hawaii Kratom Consumer Protection Act, are described on the Legislature's status pages this way:

"Beginning 1/1/2026, requires kratom products to be registered with the Department of Health and imposes labeling requirements."

Neither moved far. HB 717 was referred to the House HLT, CPC and FIN committees on January 21, 2025. SB 463 was referred to Senate committees the same day and was deferred on February 12, 2025. Both were "Carried over to 2026 Regular Session" on December 8, 2025. Neither passed a committee, and neither became law before the 2025-2026 Legislature's final regular session ended in 2026, so the January 1, 2026 registration date in their text never took effect. A kratom sales bill would have to be introduced again in 2027.

Recent Hawaii law changes (2025-2026)

• September 22, 2026 emergency order. The Department of Law Enforcement placed 7-OH above a threshold, mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I under HRS 329-11(e), as described above.
• Act 107 of 2025 (SB 1452), approved May 29, 2025, "Updates chapter 329, HRS, to make it consistent with amendments in the Federal Controlled Substances Act as required under section 329-11, HRS." Act 107 amends the schedules in HRS 329-14, 329-16 and 329-20, adds nitazene opioids among other substances, adds no kratom compound and took effect on July 1, 2025.
• 2026 conformity bills. HB 2321 HD1 passed the House on March 10, 2026 and was referred to Senate committees on March 12, 2026; SB 3141 was referred to Senate committees on February 2, 2026. Neither passed the Senate, and neither became law.
• HB 717 and SB 463 (kratom consumer protection) did not become law, as described above.

What penalties apply to kratom and 7-OH in Hawaii?

Hawaii has no kratom-specific penalty statute. The penalties come from the general drug offenses in part IV of chapter 712, which reach the four emergency-listed compounds because they are Schedule I substances. HRS 712-1240 provides:

"'Dangerous drugs' means any substance or immediate precursor defined or specified as a 'Schedule I substance' or a 'Schedule II substance' by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana or marijuana concentrate."

Mitragynine and kratom plant material at or below the 7-OH threshold are not listed by name, so these offenses would reach them only if a court found that a compound in them is an "opiate" covered by Schedule II (HRS 329-16(b)(1)), a term HRS 329-1 defines by morphine-like addiction-forming liability rather than by name.

The third-degree offense reads: "A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount."

Sentencing terms. Under HRS 706-660(1), the maximum prison term is ten years for a class B felony and five years for a class C felony. For a class C offense under part IV of chapter 712, such as third-degree possession, subsection (2) provides for an indeterminate term of "five years or less, but not less than one year"; that subsection does not apply to second-degree promoting under HRS 712-1242. For a class A felony in the drug part, HRS 706-659 provides for an indeterminate term with a maximum of twenty years. A person convicted for the first or second time of felony possession may be eligible for probation with substance abuse treatment under HRS 706-622.5 if the court finds the criteria that section lists are met. These are the terms the statutes set; the sentence in a given case depends on its facts and the person's record.

The three compounds in the August 2026 DEA order are also covered by federal law. 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 Hawaii alongside Hawaii's own schedules.

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

Hawaii's impaired-driving statute, HRS 291E-61(a)(2), covers operating a vehicle "While under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner." HRS 291E-1 defines "drug" to include "any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites, or any substance that, when taken into the human body, can impair the ability of a person to operate a vehicle safely," so the clause is not limited to scheduled drugs. Subsection (a) has no per se clause for a drug; its per se tests are the 0.08 alcohol limits. See our guide to Hawaii DUI laws.

A conviction for promoting a dangerous drug involving one of the listed compounds is a felony record. For how Hawaii handles criminal records, see Hawaii expungement laws.

Related

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

This article provides general legal information about Hawaii state law as of October 11, 2026. It is not legal advice. Emergency scheduling orders, designations under HRS 329-11, legislation and federal scheduling actions can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in Hawaii or the Hawaii Department of Law Enforcement.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Hawaii?

Kratom leaf at or below the emergency order's 7-OH threshold is not listed by name in Hawaii's schedules, and mitragynine is not listed by name. Schedule II also covers any opiate, which HRS 329-1 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. Since September 22, 2026, an emergency order under HRS 329-11(e) places 7-OH above a threshold (more than 0.050 percent on a dry weight basis in kratom plant material, or more than 0.050 percent or 1.00 milligram in a synthetic or processed article), mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I. No Hawaii statute sets a kratom age limit or sales rules.

Is 7-OH banned in Hawaii?

Above the order's threshold, 7-OH is a Schedule I substance in Hawaii under the September 22, 2026 emergency order, so knowingly possessing any amount of a product within the listing is a class C felony under HRS 712-1243. The listing lapses unless the 2027 regular session of the Legislature enacts it.

What is the age limit for kratom in Hawaii?

Hawaii state law sets no minimum age for buying or possessing kratom. The 2025 Kratom Consumer Protection Act bills (HB 717 and SB 463) would have required product registration and labels, but neither became law.

How long does Hawaii's emergency kratom-compound scheduling last?

HRS 329-11(e) makes the control temporary: if the next regular session of the Legislature, the 2027 session, has not enacted the corresponding changes in chapter 329, the temporary designation shall be nullified. If that session enacts them, they become part of the statute.

What is the penalty for 7-OH in Hawaii?

Knowingly possessing any amount of a listed compound is a class C felony under HRS 712-1243, with a maximum prison term of five years under HRS 706-660. Possessing one-fourth ounce or more, 25 or more dosage units, or distributing any amount is a class B felony under HRS 712-1242 (maximum ten years). Mitragynine and kratom plant material at or below the 7-OH threshold are not listed by name, so these offenses would reach them only if a court treated them as an opiate under Schedule II (HRS 329-16(b)(1)).

Does the federal kratom compound order apply in Hawaii?

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 Hawaii. It does not cover kratom leaf, mitragynine or 7-OH. Hawaii separately placed the same three compounds, and 7-OH above a threshold, in its own Schedule I by emergency order effective September 22, 2026.

Can I get a DUI for kratom in Hawaii?

HRS 291E-61(a)(2) covers driving under the influence of any drug that impairs a person's ability to operate the vehicle in a careful and prudent manner, and HRS 291E-1 defines drug to include any substance that can impair the ability to operate a vehicle safely, so the clause is not limited to controlled substances. Its per se tests are the 0.08 alcohol limits.