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

Idaho's controlled-substance schedules (Idaho Code 37-2705 to 37-2713A) do not list kratom, mitragynine or 7-hydroxymitragynine (7-OH), and no Idaho law sets a kratom age limit, label rules or product registration. In 2026 the Senate rejected the Idaho Kratom Consumer Protection and Safety Act 15-20, and two House bills to place mitragynine in Schedule I went no further than committee. 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 Idaho state law on kratom: the Uniform Controlled Substances Act schedules in Idaho Code Title 37, chapter 27, the Board of Pharmacy's scheduling powers in 37-2702 and the July to October 2026 Idaho Administrative Bulletins, the penalty structure in 37-2732, the 2026 kratom and scheduling bills, and the driving-under-the-influence statute (18-8004), with one paragraph on federal law. It does not cover city or county ordinances, employer or school policies, military rules or other states' laws.

Is kratom legal in Idaho?

Idaho does not list kratom as a controlled substance. Its schedules, Idaho Code 37-2705 (Schedule I) through 37-2713A, contain no entry for kratom, mitragynine or 7-OH, and the text of Title 37, chapter 27 does not contain the words kratom or mitragynine. The Schedule I hallucinogen list in 37-2705(d) is the one that names psilocybin and psilocyn, and it opens:

"(d) Hallucinogenic substances. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation ..."

No kratom compound appears among its items. The history line of 37-2705 ends "am. 2025, ch. 8, sec. 1, p. 15; am. 2026, ch. 90, sec. 1, p. 477," so the schedule as amended in 2026 is the current one.

The Idaho schedules also do not list mitragynine pseudoindoxyl, MGM-15 or MGM-16, the three kratom-related compounds that are now in federal Schedule I (see the federal section below). Federal law covers those three compounds in Idaho whatever the state schedules say.

This page describes what the schedules list. Chapter 27 also defines general terms, such as "narcotic drug." Whether one of those general definitions could reach a particular product is a question for a lawyer licensed in Idaho; the schedules themselves do not name any kratom compound, so kratom, mitragynine and 7-OH are not listed as controlled substances in Idaho today.

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

No. Idaho has not enacted a kratom law. Chapter 27 contains no provision on kratom sales, a minimum purchase age, labels, product registration or 7-OH content, and no act of the 2025 or 2026 Idaho Legislature mentions kratom.

The 2026 Legislature considered a regulatory act and turned it down. The Senate's committee bill, S 1418aa, is summarized on its status page as:

"KRATOM - Adds to existing law to establish the Idaho Kratom Consumer Protection and Safety Act."

It was introduced on March 23, 2026 and amended in the Senate. On March 30, 2026 its status history records: "Read third time in full as amended - FAILED - 15-20-0." An earlier version of the same act, S 1282, was introduced on February 13, 2026 and referred to the Senate Agricultural Affairs Committee on February 16, 2026, with no further action on its status page. Neither bill is law, so nothing in either one applies in Idaho.

Did Idaho try to ban kratom?

Two 2026 House bills would have placed kratom alkaloids in Schedule I. Neither got past referral to committee.

Because neither bill was enacted, Idaho's schedules still do not list mitragynine or any other kratom alkaloid.

Recent Idaho law changes (2025-2026)

Idaho updated its schedules in both 2025 and 2026. Neither update adds a kratom compound.

• H 777 (2026 Session Laws, Ch. 90). The Governor signed H 777 on March 20, 2026, after the Senate passed it 34-0-1 and the House 65-1-4. Its Statement of Purpose says it "updates the Idaho Controlled Substances Act to align with recent federal scheduling actions taken by the U.S. Drug Enforcement Administration and corrects spelling, numbering, and other drafting errors." Section 14 provides that "this act shall be in full force and effect on and after July 1, 2026." It contains no mitragynine or 7-OH entry.
• H 29 (2025 Session Laws, Ch. 8) was the 2025 schedule update. The current text of 37-2705, which reflects both updates, lists no kratom compound.
• H 497 (2026), another schedule-update bill, was referred to House Health and Welfare and was not enacted.

Could Idaho schedule kratom or 7-OH without a new law?

Yes, through the Board of Pharmacy. Idaho Code 37-2702(a) lets the board add, delete or reschedule substances by rule under Idaho's Administrative Procedure Act (Title 67, chapter 52). Subsection (d) adds a federal follow-through duty:

"(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this act by promulgating a temporary rule or proposing a statutory amendment, or both, within thirty (30) days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty (30) day period, the board objects to inclusion, rescheduling, or deletion."

The trigger in that text is a federal "final order." A DEA notice of intent is not a final order. The August 26, 2026 DEA order on three kratom-related compounds is a temporary scheduling order, and subsection (d) does not say whether a temporary order counts.

The Idaho Administrative Bulletin issues from July 1, 2026 through October 7, 2026 contain no Board of Pharmacy rule, temporary rule or proposed rule naming 7-OH, mitragynine, mitragynine pseudoindoxyl, MGM-15 or MGM-16 (Idaho Administrative Bulletin, October 7, 2026). A temporary rule can take effect before the Bulletin prints it, so a rule adopted after the October 7, 2026 issue would appear in a later Bulletin and in the board's rules (IDAPA 24.36.01) at adminrules.idaho.gov.

What penalties apply to kratom in Idaho?

None of Idaho's drug penalties applies to kratom, mitragynine or 7-OH as the schedules stand. The prohibited-acts section, Idaho Code 37-2732, grades offenses by schedule and by whether a drug is a narcotic. Its possession tiers, for example, are written for "a controlled substance which is a nonnarcotic drug classified in schedule I" and similar listed categories, so they reach a substance only once it is listed. Idaho has no kratom-specific penalty statute.

The three compounds in the August 2026 DEA order are different under federal law. That 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 Idaho.

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, and the FDA "has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD)." Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Idaho's DUI statute, Idaho Code 18-8004(1)(a), makes it unlawful for a person "who is under the influence of alcohol, drugs or any other intoxicating substances, or any combination of alcohol, drugs and/or any other intoxicating substances" to drive or be in actual physical control of a motor vehicle. By its words that clause is not limited to scheduled drugs. The per se tests in subsection (1) are alcohol-concentration limits only (0.08, 0.04 for commercial vehicles and 0.02 for drivers under 21); it has no per se clause for a drug or drug concentration. See our guide to Idaho DUI laws.

Because Idaho's schedules do not list kratom, mitragynine or 7-OH, the drug offenses in chapter 27 do not apply to possessing them under current law. For how Idaho handles criminal records generally, see Idaho expungement laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Idaho?

Idaho's schedules (Idaho Code 37-2705 to 37-2713A) do not list kratom, mitragynine or 7-OH, and no Idaho law regulates kratom sales or sets an age limit. Three semi-synthetic kratom-related compounds are federal Schedule I substances, and federal law applies in Idaho.

Is 7-OH banned in Idaho?

No Idaho schedule lists 7-hydroxymitragynine, and the 2026 schedule update (H 777) does not add it. Federally, a DEA notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold is pending, not an order.

What is the age limit for kratom in Idaho?

Idaho law sets no minimum age for buying or possessing kratom. The Idaho Kratom Consumer Protection and Safety Act (S 1418aa) failed in the Senate 15-20 on March 30, 2026.

Did Idaho try to ban kratom in 2026?

Two House bills would have placed mitragynine in Schedule I: H 830 (alkaloids found in or derived from Mitragyna speciosa) and H 864. Both were referred to the House Health and Welfare Committee with no further action, so neither is law.

Could Idaho schedule 7-OH without a new law?

Under Idaho Code 37-2702(d), the Board of Pharmacy must similarly control a federally scheduled substance by temporary rule or by proposing a statutory amendment within 30 days of a federal final order, unless it objects. Section 37-2702(a) also lets the board add substances by rule.

Does the federal kratom compound order apply in Idaho?

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 Idaho. It does not cover kratom leaf, mitragynine or 7-OH.

Can I get a DUI for kratom in Idaho?

Idaho Code 18-8004(1)(a) makes it unlawful to drive under the influence of alcohol, drugs or any other intoxicating substances, so by its words it is not limited to scheduled drugs. Its per se tests are alcohol-concentration limits only; it has no per se drug-concentration clause.