Is Kratom Legal in Kansas? (2026 Law)

No. Since July 1, 2026, Kansas Schedule I has named two kratom alkaloids, mitragynine (added by 2026 Senate Bill 430) and 7-hydroxymitragynine, or 7-OH (added by 2026 House Bill 2365), in its list of opiates at K.S.A. 65-4105(b), so there is no lawful kratom market in the state and no age limit or sales rule to apply. The statute names the compounds rather than the plant, and because they sit in the opiates paragraph, the possession statute's text treats possessing them as a drug severity level 5 felony. 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 Kansas state law on kratom: the Schedule I entries for mitragynine and 7-OH in K.S.A. 65-4105(b) and the 2026 acts that added them (HB 2365 and SB 430), the possession, distribution, manufacturing and communication-facility offenses in K.S.A. 21-5706, 21-5705, 21-5703 and 21-5707 with the definitions in 21-5701, the drug sentencing grid in 21-6805 and the penalty statutes 21-6602 and 21-6611, the Board of Pharmacy's scheduling powers in K.S.A. 65-4102, research registration under 65-4116, overdose immunity under 22-2312, the failed 2025-26 kratom bills, and the drug-impairment clause of the DUI statute, 8-1567, with one paragraph on federal law. It does not cover city or county ordinances, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Kansas?

No. Kansas sets its Schedule I by statute, and since July 1, 2026, the opiates paragraph of K.S.A. 65-4105(b) has listed two kratom alkaloids. In the enrolled text of SB 430, which restates the section as amended by both 2026 acts, the paragraph reads:

"(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: ... (32) 7-hydroxymitragynine (7-OH) ... (42) Mitragynine"

Three points follow from that text. First, Kansas lists both compounds, not 7-OH alone. Second, the statute does not use the word kratom; it names the two compounds, so a product is covered through the mitragynine or 7-OH it contains. Third, neither entry carries a leaf, plant-material or concentration exception.

The Legislature did consider naming the plant. 2026 Senate Bill 497, titled "adding kratom to schedule I," passed the Senate 33-5 on March 5, 2026, and died in House committee on April 10, 2026. Even that bill's operative text listed the compounds rather than the plant. The Kansas schedule does use plant wording for other substances: the peyote entry in 65-4105(d)(20) reaches "all parts of the plant ... whether growing or not." The mitragynine and 7-OH entries have no comparable plant language.

When did the ban take effect?

Both entries took effect on July 1, 2026. Each act states that it "shall take effect and be in force from and after its publication in the statute book," and the Revisor of Statutes' 2026 composite list of new and amended statutes (August 13, 2026) records July 1, 2026 for both amendments to 65-4105.

HB 2365 is a bill of the 2025-26 biennium, which is why SB 430 refers to it as a 2025 bill. Its title describes it as "adding and removing certain substances in schedule I, III and IV"; SB 430's title is "adding mitragynine to schedule I of the uniform controlled substances act."

Age limits and sales rules

Kansas has no kratom age limit, labeling requirement, 7-OH cap or vendor registration. Other states use those tools to regulate a lawful kratom market; Kansas listed the alkaloids in Schedule I instead, so the drug offenses below apply at every age and there is no lawful retail channel.

The one bill that would have created a regulated market, HB 2230, was introduced February 4, 2025, and died in House committee on April 10, 2026. Its proposed 21+ purchase age is not Kansas law.

Penalties for kratom in Kansas

Kansas grades drug crimes by the category of substance, and mitragynine and 7-OH are in the opiates category of Schedule I. That placement drives the penalty tiers.

Possession. K.S.A. 21-5706(a) provides: "It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107 (d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof." Under 21-5706(c)(1), "Violation of subsection (a) is a drug severity level 5 felony." The class A nonperson misdemeanor in 21-5706(c)(2)(A) applies to the substances listed in subsection (b), such as depressants, stimulants and hallucinogens, and subsection (b) has no opiates paragraph.

The definitions statute, K.S.A. 21-5701, defines "opiate" by effect: "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." The felony reading rests on the compounds' listing in the opiates paragraph of 65-4105(b) together with that definition. No Kansas court decision or Attorney General opinion on the new entries is cited on this page, so treat the felony grade as what the statute's text says rather than a settled charging practice.

Quantity. Under K.S.A. 21-5705(e), "there shall be an inference of an intent to distribute if such an inference is supported by the facts" when a person possesses "100 dosage units or more containing any other controlled substance" or "100 grams or more of any other controlled substance." That inference can support a distribution charge, graded at the higher levels below, instead of a possession charge.

Distribution and possession with intent. K.S.A. 21-5705(a)(1) makes it unlawful to distribute, or possess with intent to distribute, "Opiates, opium or narcotic drugs." For those substances, 21-5705(d)(1) grades the offense by the quantity of material:

The weight is the whole product, not the alkaloid alone. Under 21-5705(g)(1), "'Material' means the total amount of any substance, including a compound or a mixture, which contains any quantity of a controlled substance or controlled substance analog."

When the material is distributed by dosage unit, which 21-5705(g)(2) defines as a discrete unit "including but not limited to, one pill, one capsule or one microdot, and not distributed by weight," 21-5705(d)(4) grades the offense by count instead: level 4 for fewer than 10 units, level 3 for at least 10 but fewer than 100, level 2 for at least 100 but fewer than 1,000, and level 1 for 1,000 or more. Liquids are measured differently. For "illegally manufactured controlled substances in liquid solution," 21-5705(g)(2)(B) provides that a dosage unit "means 10 milligrams, including the liquid carrier medium." No Kansas court decision applying that rule to a mitragynine or 7-OH liquid is cited on this page.

School property. Under 21-5705(d)(6), "the severity level of the offense shall be increased one level if the controlled substance or controlled substance analog was distributed or possessed with the intent to distribute on or within 1,000 feet of any school property."

Manufacturing and communication facilities. K.S.A. 21-5703(a) provides: "It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog." K.S.A. 21-5701 defines "manufacture" to include "the production, preparation, propagation, compounding, conversion or processing" of a controlled substance, including "by extraction from substances of natural origin." A violation is generally a drug severity level 2 felony (21-5703(b)(1)), and the sentence "shall not be subject to statutory provisions for suspended sentence, community service work or probation" (21-5703(e)). Separately, K.S.A. 21-5707 makes it a nondrug severity level 8, nonperson felony to knowingly or intentionally use any communication facility in committing, causing or facilitating a felony under 21-5703, 21-5705 or 21-5706, and "Each separate use of a communication facility may be charged as a separate offense."

Fines and sentences. For a drug severity level 5 felony committed on or after July 1, 2012, K.S.A. 21-6611(a)(3) allows a fine of "a sum not exceeding $100,000." For the distribution levels, the cap is $300,000 at levels 3 and 4 and $500,000 at levels 1 and 2 (21-6611(a)(1)-(2)).

Prison terms come from the drug sentencing grid in K.S.A. 21-6805, and where a sentence falls depends on criminal history, from category I (one misdemeanor or no record) to category A (three or more person felonies). The grid ranges are 10 to 42 months at level 5, 14 to 51 at level 4, 46 to 83 at level 3, 92 to 144 at level 2 and 138 to 204 at level 1. At level 5 the presumptive sentence is probation for a person whose record has no person felony (categories E through I), and in grid blocks 4-E through 4-I, 5-C and 5-D the court may impose an optional nonprison sentence (21-6805(d)). A third or later felony conviction under 21-5706 carries a presumptive term of imprisonment (21-6805(f)(1)). A sentence under 21-5703 or 21-5705 is presumed imprisonment at two times the maximum of the presumptive term if the trier of fact finds beyond a reasonable doubt that the substance, "because of its appearance or packaging, was likely to be attractive to minors" (21-6805(i)). For comparison, a class A misdemeanor carries up to one year in county jail and a fine of up to $2,500 (K.S.A. 21-6602(a)(1); 21-6611(b)(1)), but that tier does not cover opiates.

Overdose immunity

K.S.A. 22-2312, as amended by 2026 Substitute for HB 2250 (effective July 1, 2026), protects a person who asks for medical help for themselves or someone else because of controlled-substance use and meets the statute's cooperation conditions. Such a person "is immune from criminal prosecution for a violation of K.S.A. 21-5706 or 21-5709 (b)(2), and amendments thereto, and any city ordinance or county resolution prohibiting the acts prohibited by K.S.A. 21-5706 or 21-5709 (b)(2)." The immunity covers possession and paraphernalia, not distribution, and it has limits: "No person is immune from criminal prosecution as provided in paragraph (1) if the quantity of controlled substances found at the scene of the encounter with law enforcement would be sufficient to create a rebuttable presumption of an intent to distribute as described in K.S.A. 21-5705 (e)." It also does not apply during the execution of a warrant or a lawful search, and it does not bar prosecution based on evidence from an independent source.

Research registration

Kansas has no kratom-specific research statute. Under K.S.A. 65-4116(b), "Persons registered by the board under this act to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this act." The registration is issued by the Kansas State Board of Pharmacy.

How Kansas responds to federal scheduling

Kansas does not copy federal schedule changes automatically under K.S.A. 65-4102. The Board of Pharmacy can schedule a controlled-substance analog or a "new drug" on an emergency basis:

"(e) (1) Upon receipt of notice under K.S.A. 21-5715, and amendments thereto, or upon the board's finding of an imminent hazard to the public safety, the board shall initiate scheduling of the controlled substance analog or a new drug, as defined in this subsection, on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires on July 1 of the following calendar year after the adoption of the scheduling rule and regulation. (2) With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law"

That is one state route by which the August 26, 2026 DEA temporary order on three related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) could be written into Kansas law. This page does not report a Board emergency rule on those compounds, and any such rule would expire on July 1 of the calendar year after its adoption. The question does not affect mitragynine or 7-OH, which 65-4105(b) already lists by statute.

The analog definition is a possible second route, but it is untested for these compounds. K.S.A. 21-5701(b)(1) defines a "controlled substance analog" as "a substance that is intended for human consumption, and at least one of the following": a chemical structure "substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107"; a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to that of a substance in those schedules; or, for a particular individual, a representation or intent that the substance has such an effect. Under 21-5701(b)(2) the term does not include a controlled substance, a substance with an approved new drug application, or a substance covered by a federal investigational-use exemption. Because 65-4105 has listed mitragynine and 7-OH since July 1, 2026, and 21-5706(a) and 21-5705(a) reach analogs of opiates, a related compound intended for human consumption could be treated as an analog if a court found it met one of those tests. No Kansas court decision applying the analog definition to these compounds is cited on this page.

Federal kratom status

Federal law does not list kratom leaf, mitragynine or 7-OH in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries only three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026. A new DEA notice of intent (FR Doc. 2026-20943), filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, proposes temporary Schedule I control of 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or where the amount of mitragynine divided by the amount of those substances is less than 100. That notice states that DEA's July 2026 notice of intent to 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 says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food. None of this changes Kansas law, which already lists mitragynine and 7-OH. Our kratom laws by state hub covers the federal layer in more detail.

Health warning from KDHE

On September 24, 2025, before either act passed, the Kansas Department of Health and Environment issued a public health warning with the FDA about 7-OH products. KDHE's Chief Medical Officer said: "We are urging individuals to avoid using any products containing 7-OH." The release described 7-OH as unregulated, which was accurate then; HB 2365 placed it in Schedule I from July 1, 2026.

Driving and criminal records

Kansas's DUI statute reaches any drug, scheduled or not. K.S.A. 8-1567(a)(4) bars driving "under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle." That clause is an impairment standard; it does not turn on a measured amount of the drug. A first conviction is a class B nonperson misdemeanor, with "not less than 48 consecutive hours nor more than six months' imprisonment, or in the court's discretion 100 hours of public service," and a fine of $750 to $1,000 (8-1567(b)(1)(A)). The statute's other clauses and the repeat-offense penalties are covered in our guide to Kansas DUI laws.

A possession or distribution conviction creates a criminal record. Whether a Kansas record can later be expunged is covered in our guide to Kansas expungement laws.

The Revisor of Statutes' online text of K.S.A. 65-4105 does not yet show the 2026 amendments, so the mitragynine and 7-OH entries on this page are quoted from the enrolled text of SB 430, which restates the section as amended by both 2026 acts. The other Kansas statutes are quoted from the Revisor's online compilation, which predates the 2026 Supplement. In 2026, HB 2365 amended 21-5701 (only its fentanyl-related definitions), Senate Substitute for HB 2501 amended the drug sentencing grid statute 21-6805, and Substitute for HB 2250 amended the overdose-immunity statute 22-2312, all effective July 1, 2026; the provisions quoted or summarized here, including the drug-grid ranges, read the same in the 2026 acts.

Related

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

This article provides general legal information about Kansas state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Kansas.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Kansas?

No. Since July 1, 2026, K.S.A. 65-4105(b) lists mitragynine and 7-hydroxymitragynine (7-OH), two kratom alkaloids, as Schedule I opiates. The statute names the compounds rather than the plant, so a product is covered through the mitragynine or 7-OH it contains.

Is 7-OH legal in Kansas?

No. 2026 HB 2365 added 7-hydroxymitragynine (7-OH) to the opiates paragraph of Schedule I, K.S.A. 65-4105(b), effective July 1, 2026. Mitragynine was added separately by 2026 SB 430 on the same date.

When did kratom become illegal in Kansas?

July 1, 2026. HB 2365 (signed April 10, 2026) and SB 430 (signed April 27, 2026) both took effect on that date.

What is the penalty for kratom possession in Kansas?

Mitragynine and 7-OH are listed among the opiates, and K.S.A. 21-5706(a) and (c)(1) make possessing any opiate a drug severity level 5 felony, with a fine of up to $100,000 (K.S.A. 21-6611). No court decision on the new entries is cited here, so that grade reflects the statute's text.

What is the penalty for selling kratom in Kansas?

Distributing an opiate, or possessing it with intent to distribute, is a felony graded by the weight of the whole product under K.S.A. 21-5705(d)(1): level 4 under 3.5 grams, level 3 from 3.5 grams to under 100 grams, level 2 from 100 grams to under 1 kilogram and level 1 at 1 kilogram or more. Material distributed by dosage unit, such as one pill or one capsule, is graded by the number of units instead (21-5705(d)(4)). The level rises by one on or within 1,000 feet of school property.

Is there a kratom age limit in Kansas?

No. Kansas has no kratom age rule because mitragynine and 7-OH are Schedule I controlled substances. HB 2230, which would have set a 21+ purchase age, died in House committee on April 10, 2026.

Does Kansas's overdose immunity law cover kratom?

K.S.A. 22-2312 gives immunity from prosecution for possession under 21-5706 to a person who seeks medical help for controlled-substance use and meets its conditions. It does not apply if the quantity at the scene would raise the presumption of intent to distribute under 21-5705(e).