Is Kratom Legal in Illinois? (2026 Law)

Kratom is not a controlled substance in Illinois: kratom leaf, mitragynine and 7-hydroxymitragynine (7-OH) are not listed in the schedules of the Illinois Controlled Substances Act, and no Illinois statute makes it an offense for an adult to possess kratom by name. The Act's controlled substance analog definition (720 ILCS 570/102(f-5)) has not been applied to kratom or 7-OH by any statute or rule, but a prosecutor could argue it reaches a concentrated or semi-synthetic 7-OH product. The one Illinois statute that names kratom, the two-section Kratom Control Act (720 ILCS 642), bars minors under 18 from buying or possessing it and makes selling or furnishing kratom to a minor a Class B misdemeanor with a fine of at least $500. 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 Illinois state law: the Kratom Control Act (720 ILCS 642/1 and 642/5), the schedules and federal-adoption clause of the Illinois Controlled Substances Act (720 ILCS 570), the misdemeanor sentencing range in 730 ILCS 5/5-4.5-60, and the status of kratom bills in the 104th General Assembly, with one paragraph on federal law. It does not cover city, village or county ordinances, workplace or school policies, military rules, or other states' laws.

Is kratom legal in Illinois?

Illinois regulates kratom only for minors. Kratom is not listed in Schedules I through V of the Illinois Controlled Substances Act (720 ILCS 570/204, 206, 208, 210 and 212), and the Act's codified schedule rules in 77 Ill. Adm. Code Part 2070 contain no kratom or mitragynine entry. The Illinois Compiled Statutes name kratom in only two sections, 642/1 (the short title) and 642/5, which together make up the Kratom Control Act.

Section 5 does three things. It defines kratom, it bars a minor under 18 from buying or possessing kratom or using false identification to get it, and it bars anyone from selling or furnishing kratom to a minor under 18. It sets no rule for adults buying, possessing or selling kratom to other adults, and it contains no labeling, registration or 7-OH concentration requirement.

The Act took effect January 1, 2015 under Public Act 98-981. The source line of Section 5 shows no later amendment.

What Illinois law treats as kratom

The Act's definition is broad. It reaches the whole plant and every derivative, and it names both main alkaloids:

"(a) As used in this Act, "Kratom" means any parts of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine." (720 ILCS 642/5(a))

Because the definition lists 7-OH, the minors rules apply to a 7-OH product the same way they apply to leaf powder. The definition applies "as used in this Act," so it does not add kratom or 7-OH to the controlled-substance schedules.

Is 7-OH legal in Illinois?

7-hydroxymitragynine is not a controlled substance in Illinois, and Illinois has no 7-OH limit. Outside the Kratom Control Act's definition, no Illinois statute names 7-OH or mitragynine, and the Schedule I list in 720 ILCS 570/204 (last amended by Public Act 103-245, effective January 1, 2024) contains no entry for either. The rules that cap 7-OH in other states exist in Illinois only in bills that have not passed, such as HB1303 (described below).

The possession offense in the Illinois Controlled Substances Act applies to "a controlled or counterfeit substance or controlled substance analog" (720 ILCS 570/402). This page does not take a position on whether the Act's analog provisions could reach a 7-OH product; no Illinois statute or rule addresses that question by name. Section 102(f-5) defines a controlled substance analog to include a substance with a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to or greater than that of a Schedule I or II substance, or one a person represents or intends to have such an effect.

Age limit and sales rules

Illinois sets its kratom age at 18. Section 5 states the rules this way:

"(b) A minor under 18 years of age shall not knowingly purchase or possess any product containing any quantity of Kratom. (c) A minor under 18 years of age in the furtherance or facilitation of obtaining any product containing Kratom shall not knowingly display or use a false or forged identification card or transfer, alter, or deface an identification card. (d) A person shall not knowingly sell, buy for, distribute samples of, or furnish any product containing any quantity of Kratom to any minor under 18 years of age." (720 ILCS 642/5(b)-(d))

Each prohibition requires that the person act "knowingly." Subsection (d) is not limited to stores: it covers any person who sells, buys for, gives samples to or furnishes kratom to a minor under 18.

Beyond the age rule, Illinois state law sets no kratom sales requirements. There is no state registration for sellers, no labeling statute and no limit on 7-OH content. Cities, villages and counties may have their own rules, and the Kratom Control Act contains no provision addressing local regulation, so check your local code or contact the local clerk before relying on state law alone.

Penalties under the Kratom Control Act

Every offense in the Act is a Class B misdemeanor. Subsection (e) sets the classes:

"(e) Sentence. Violation of subsection (b) or (c) of this Section is a Class B misdemeanor. Violation of subsection (d) of this Section is a Class B misdemeanor for which the offender shall be fined an amount of not less than $500." (720 ILCS 642/5(e))

The range comes from the Unified Code of Corrections: "The sentence of imprisonment shall be a determinate sentence of not more than 6 months," and "Unless otherwise specified by law, the minimum fine is $75. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed" (730 ILCS 5/5-4.5-60(a), (e)).

The Act has no felony tier, no higher penalty for a repeat offense, no civil penalty and no clause naming an enforcing agency. It has only Sections 1 and 5.

Pending kratom bills in Illinois (2025-2026)

At least ten kratom bills were filed in the 104th General Assembly. None has passed either chamber. Each was re-referred to the House Rules Committee or the Senate Assignments Committee and has not advanced since.

The 104th General Assembly runs until January 2027, so a bill could still move during the fall veto session or the lame-duck period before then. A bill that has not passed both chambers and become a Public Act is not law, and none of these limits applies in Illinois today.

How Illinois could schedule kratom without a new statute

The legislature is not the only route. The Illinois Department of Human Services "may, by administrative rule, add additional substances to or delete or reschedule all controlled substances in the Schedules" (720 ILCS 570/201(a)). The codified schedule rules in 77 Ill. Adm. Code Part 2070 contain no kratom entry. A rule that has been proposed or adopted on an emergency basis appears first in the Illinois Register, which this page does not cover.

Illinois also has a federal-adoption clause. Under 720 ILCS 570/201(d), as amended by Public Act 104-819 (effective August 7, 2026), if a substance is scheduled under federal law and notice is given to the Department, it "shall similarly control the substance under this Act after the expiration of 30 days from publication in the Federal Register of a final order." If the Department does not act within those 30 days, "the substance shall be considered scheduled, rescheduled, or deleted in the same manner as the federal law," unless within that period the Department objects or an adversely affected party files substantial written objections.

The clause speaks of a final order and does not mention temporary scheduling orders. The DEA's August 26, 2026 order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I is a temporary scheduling order, although DEA has noted that it "has used the term 'final order' with respect to temporary scheduling orders in the past." Illinois law does not say whether that order triggers Section 201(d), and neither 720 ILCS 570/204 nor the codified schedule rules list the three compounds. If it does, they may already be treated as scheduled in Illinois; they are Schedule I under federal law either way. That order does not cover kratom leaf, mitragynine or 7-OH.

Federal kratom status

In the October 6, 2026 version of 21 CFR Part 1308, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. A DEA temporary order effective August 26, 2026 placed three semi-synthetic compounds, mitragynine pseudoindoxyl, MGM-15 and MGM-16, in Schedule I. Two new DEA notices of intent, both filed for public inspection on October 9, 2026 and scheduled for publication in the Federal Register on October 14, 2026, would change that. The first (FR Doc. 2026-20943) would temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only when either one, or both combined, is above a threshold: more than 1 mg per gram for solid forms or 1 mg per milliliter for liquids, or a product in which the mass of mitragynine divided by the mass of those compounds is less than 100. That notice states that DEA is withdrawing its July 2026 notice of intent on 7-OH (91 FR 40917) in a separate document. The second (FR Doc. 2026-20942) would issue a new temporary order keeping MGM-15 and MGM-16 in Schedule I without change, for the technical purpose of separating them from mitragynine pseudoindoxyl. A notice of intent is not an order, and DEA says neither new temporary order will be issued before 30 days after the notices are published. The August 26, 2026 order remains in effect until it expires or the new temporary orders replace it, whichever comes first. Separately, the FDA's position is that kratom is not lawfully marketed as a drug product, a dietary supplement or a food additive in conventional food. The kratom laws by state hub covers the federal layer in full.

Driving and criminal records

Illinois DUI law reaches driving "under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving" (625 ILCS 5/11-501(a)(4)), so it is not limited to scheduled drugs. The any-amount rule in subsection (a)(6) applies to controlled substances listed in the Illinois Controlled Substances Act, which does not list kratom. See Illinois DUI laws for those offenses and penalties.

A conviction under the Kratom Control Act is a misdemeanor criminal record. Whether and when it can be cleared is covered in Illinois expungement and record sealing laws.

Related

• Kratom laws by state
• Are magic mushrooms legal in Illinois? Psilocybin laws
• Illinois DUI laws
• Illinois expungement and record sealing laws

Disclaimer: This article presents general legal information about Illinois state law as of 2026-10-11. It is not legal advice. For a specific situation, contact a lawyer licensed in Illinois or the relevant Illinois agency.

Last updated: 2026-10-12.

Frequently Asked Questions

Is kratom legal in Illinois?

Kratom is not a controlled substance in Illinois, and no Illinois statute names adult possession of kratom as an offense. The Kratom Control Act (720 ILCS 642/5) bars minors under 18 from buying or possessing kratom and bars anyone from selling or furnishing it to them.

How old do you have to be to buy kratom in Illinois?

The state age is 18. Under 720 ILCS 642/5, a minor under 18 may not knowingly buy or possess any product containing kratom, and no one may knowingly sell or furnish it to a minor under 18. Bills to raise the age to 21, such as HB1303, have not passed.

Is 7-OH illegal in Illinois?

7-hydroxymitragynine is not listed in the Illinois schedules, and Illinois has no 7-OH limit for kratom products. The Kratom Control Act includes 7-OH in its definition of kratom, so its minors rules apply to 7-OH products too.

What is the penalty for selling kratom to a minor in Illinois?

It is a Class B misdemeanor with a fine of not less than $500 (720 ILCS 642/5(e)). A Class B misdemeanor carries up to 6 months in jail and a fine of up to $1,500 under 730 ILCS 5/5-4.5-60.

Is Illinois banning kratom?

Not under current law. SB3160 (a Kratom Prohibition Act), HB4930 and HB3129 (Schedule III for mitragynine and 7-OH) were filed in the 104th General Assembly, but each sits in the Rules or Assignments committee and none has passed.

Can you get a DUI for kratom in Illinois?

Illinois DUI law covers driving under the influence of any drug to a degree that renders the person incapable of safely driving (625 ILCS 5/11-501(a)(4)), which is not limited to scheduled drugs.

Is kratom federally illegal?

Kratom leaf, mitragynine and 7-OH are not listed in 21 CFR Part 1308 in its October 6, 2026 version. A DEA temporary order effective August 26, 2026 placed three semi-synthetic kratom-related compounds in Schedule I. DEA's two new notices of intent (FR Docs. 2026-20943 and 2026-20942), scheduled for Federal Register publication on October 14, 2026, would set a threshold for 7-OH and mitragynine pseudoindoxyl and keep MGM-15 and MGM-16 in Schedule I; the 7-OH notice states that DEA is withdrawing its July 2026 7-OH notice. A notice of intent is not an order.