Is Kratom Legal in Kentucky? (2026 Law)

Kratom extracts and kratom products can be sold in Kentucky today only to people 21 and older, and a ban on all kratom sales by processors and retailers takes effect July 1, 2027. The current rules are in KRS 217.2202; the ban comes from the same section as amended by 2026 Ky. Acts ch. 161 (House Bill 757), with civil penalties in KRS 217.2207. Separately, since March 12, 2026, 902 KAR 55:015 has made 7-hydroxymitragynine (7-OH) concentrated above 400 parts per million a Schedule I controlled substance, a designation the regulation says "does not apply to mitragynine." 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 Kentucky state law on kratom: KRS 217.2201, 217.2202 and 217.2207 (in their current versions and the versions taking effect July 1, 2027), 2026 Ky. Acts ch. 161 (House Bill 757) and ch. 198 (House Bill 869), the Schedule I regulation 902 KAR 55:015, the federal-adoption rule in KRS 218A.020, the possession offenses in KRS 218A.1415 and 218A.1416 and the driving rule in KRS 189A.010, with one paragraph on federal law. It does not cover city or county rules, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Kentucky?

For now, kratom sales are regulated rather than banned. KRS 217.2202, in the version in force until July 1, 2027, says a kratom processor or kratom retailer shall not:

"(1) Distribute, dispense, sell, or make available for sale any kratom extract or kratom product to an individual who is under twenty-one (21) years of age; or (2) Prepare, manufacture, distribute, dispense, sell, or make available for sale any kratom extract or kratom product that: ... (c) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the overall alkaloid composition of the product; (d) Contains any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the plant Mitragyna speciosa;"

Subsection (2) lists other product standards as well. This version took effect July 15, 2024, when the General Assembly created it in 2024 Ky. Acts ch. 44, and it expires July 1, 2027.

From July 1, 2027, the rule changes from a set of product standards to a sales ban. The duties in both versions fall on kratom processors and retailers. Neither version of KRS 217.2202 makes it an offense for a buyer to possess kratom. Possessing a kratom-related compound that is Schedule I in Kentucky, or a product that could be treated as a controlled substance analogue, is a separate matter, covered below.

What Kentucky law means by kratom

KRS 217.2201 defines the terms used in KRS 217.2201 to 217.2209:

"(3) "Kratom" means any part of the plant Mitragyna speciosa; ... (6) "Kratom product" means a food, powder, capsule, pill, or any other product intended for oral consumption that contains any part of the leaf of the plant Mitragyna speciosa or any extract thereof; and (7) "Kratom retailer" means any person or entity that sells or advertises, represents, or claims to sell kratom extracts or kratom products."

The retailer definition reaches anyone who advertises or claims to sell kratom extracts or products, not only those who complete a sale. The definition of "kratom" covers the whole plant, which matters for the 2027 ban: the current rules speak of kratom extracts and kratom products, while the 2027 version adds "any kratom."

The 2027 kratom sales ban

Section 114 of 2026 Ky. Acts ch. 161 (House Bill 757, a revenue measure) rewrites KRS 217.2202. The version effective July 1, 2027 reads:

"A kratom processor or kratom retailer shall not: (1) Distribute, dispense, sell, or make available for sale any kratom, kratom extract, or kratom product; or (2) Prepare, manufacture, distribute, dispense, sell, or make available for sale any kratom, kratom extract, or kratom product."

Because every sale is barred, the amended section drops the age-21 rule, the 7-OH cap and the synthetic-alkaloid rule.

The start date moved once. House Bill 757 first set January 1, 2027. A note by the Legislative Research Commission on the July 1, 2027 version of KRS 217.2202 says the effective date "was changed from January 1, 2027, to July 1, 2027, in 2026 Ky. Acts ch. 198, secs. 64 and 65." Chapter 198 is House Bill 869, which the Governor signed on April 27, 2026. Its sections 64 and 65 amend the effective-date sections of House Bill 757, which now read, in part: "Sections 114 and 115 of this Act shall take effect on July 1, 2027."

House Bill 757 itself became law over a partial veto. The General Assembly's bill record shows line items vetoed on April 13, 2026, and the vetoes overridden on April 14, 2026, by votes of 66-18 in the House and 31-5 in the Senate, before the act was delivered to the Secretary of State as Acts Chapter 161.

Section 134 of the same act repeals three kratom sections: KRS 217.2203 (labeling requirements), 217.2205 (administrative regulations) and 217.2209 (federal regulation to supersede). Section 134 is not among the sections the act gives a later start date, and the Legislative Research Commission's note on KRS 217.2201 states that KRS 217.2209 "was repealed by 2026 Ky. Acts ch. 161, sec. 134, effective July 15, 2026." The codified repeal notes for KRS 217.2203 and 217.2205 give the same date: each was "Repealed 2026 Ky. Acts ch. 161, sec. 134, effective July 15, 2026."

Penalties for violating Kentucky's kratom law

The kratom sections create civil penalties for processors and retailers. KRS 217.2207, in the version in force until July 1, 2027, provides:

"A kratom processor or kratom retailer who violates KRS 217.2202 or 217.2203 or any administrative regulation promulgated thereunder shall be subject to a civil penalty of not more than five hundred dollars ($500) for a first offense and not more than one thousand dollars ($1,000) for a second or subsequent offense."

Section 115 of House Bill 757 raises those maximums from July 1, 2027, and removes the references to KRS 217.2203 and to administrative regulations. As amended, a processor or retailer who violates KRS 217.2202 is subject to a civil penalty of not more than $5,000 for a first offense and not more than $10,000 for a second or subsequent offense.

KRS 217.2202 and 217.2207 contain no criminal tier and no consumer possession offense. Criminal exposure for kratom-related compounds comes from Kentucky's controlled-substance schedules, covered next.

7-OH above 400 ppm is Schedule I in Kentucky

Kentucky's Cabinet for Health and Family Services designates some Schedule I substances by regulation. Section 1(2) of 902 KAR 55:015 provides:

"(2) The Cabinet for Health and Family Services designates the following as Schedule I controlled substances: (a) tianeptine; (b) bromazolam; and (c) 7-hydroxymitragynine (7-OH) concentrated at a level above 400 parts per million on a dry weight basis. This designation does not apply to mitragynine."

The regulation's history line dates the current version to March 12, 2026. It is a regular regulation, not an emergency regulation, so it carries no expiration date.

The designation is a threshold, not a ban on kratom. It reaches 7-OH concentrated above 400 parts per million on a dry weight basis, and by its own words it does not apply to mitragynine. The 2% limit in KRS 217.2202 is a separate rule for retail kratom products, measured as a share of the product's alkaloids, until that section is replaced on July 1, 2027.

Kentucky's possession and trafficking offenses for controlled substances are in KRS Chapter 218A, which grades them by schedule and by the type of substance. For a Schedule I substance that KRS 218A.1415 does not name individually (it names controlled substance analogues, methamphetamine, lysergic acid diethylamide, phencyclidine, GHB and flunitrazepam), the possession grade turns on whether the substance is a "narcotic drug." Possessing a Schedule I narcotic drug is first-degree possession, a Class D felony with a maximum term of three years (KRS 218A.1415); possessing a Schedule I substance that is not a narcotic drug, and is not one of those named drugs, is second-degree possession, a Class A misdemeanor (KRS 218A.1416). KRS 218A.010(33) counts any "opiate" as a narcotic drug, and KRS 218A.010(34) 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." Neither 902 KAR 55:015 nor the kratom sections say which side of that line 7-OH falls on, so this page does not state one.

Kentucky's definition of a controlled substance also "includes a controlled substance analogue" (KRS 218A.010(8)). An analogue is a substance whose chemical structure is substantially similar to that of a Schedule I or II substance and whose stimulant, depressant or hallucinogenic effect on the central nervous system is substantially similar to or greater than that substance's, or that a person represents or intends to have such an effect (KRS 218A.010(9)(a)); the term excludes a substance with an approved new drug application, one under an investigational exemption, and any substance to the extent not intended for human consumption (KRS 218A.010(9)(b)). No kratom compound is named as an analogue, but a kratom-derived product outside the listings above could be treated as one if a court found it met that definition, and possessing a controlled substance analogue is first-degree possession, a Class D felony (KRS 218A.1415(1)(b)).

How federal scheduling flows into Kentucky law

Kentucky follows the federal schedules automatically. KRS 218A.020(3)(a) provides:

"If any substance is designated or rescheduled as a controlled substance under the federal Controlled Substances Act, the drug shall be considered to be controlled at the state level in the same numerical schedule corresponding to the federal schedule."

Section 1(1) of 902 KAR 55:015 does the same for Schedule I and names temporary federal orders: "Each substance that is scheduled or designated as a Schedule I controlled substance under 21 C.F.R. 1308.11, including a substance temporarily scheduled or designated under 21 C.F.R. 1308.11(h) or 1308.49, shall be scheduled or designated at the state level as a Schedule I controlled substance."

Under that text, the DEA's temporary order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I from August 26, 2026 makes those three compounds Schedule I in Kentucky as well, with no separate Kentucky order. If the DEA issues a temporary order for 7-OH, the same text would carry it into Kentucky's Schedule I.

Federal law. Federal law does not list kratom leaf, mitragynine or 7-hydroxymitragynine in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries 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 6, 2026 notice of intent to 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 says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food, and it "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

KRS 189A.010(1)(c) bars driving "while under the influence of any other substance or combination of substances which impairs one's driving ability," a clause not limited to controlled substances. KRS 189A.010(1)(d) and (12)(a) separately bar driving while any Schedule I controlled substance other than marijuana is detected in the blood by a scientifically reliable test taken within two hours of ceasing to drive or be in physical control of the vehicle. Penalties are covered in our guide to Kentucky DUI laws. The kratom sales rules carry civil penalties, but a charge under Kentucky's controlled-substance chapter is criminal; whether a Kentucky criminal record can later be cleared is covered in our guide to Kentucky expungement laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Kentucky?

Kratom extracts and kratom products may be sold in Kentucky today only to people 21 and older, under the product standards in KRS 217.2202. From July 1, 2027, the amended KRS 217.2202 bars kratom processors and retailers from selling any kratom, kratom extract or kratom product.

When does Kentucky's kratom ban start?

July 1, 2027. 2026 Ky. Acts ch. 161 (HB 757) amended KRS 217.2202 and 217.2207, and 2026 Ky. Acts ch. 198 (HB 869) moved the start date for those sections from January 1, 2027 to July 1, 2027.

What is the age limit for kratom in Kentucky?

21. Until July 1, 2027, KRS 217.2202(1) bars kratom processors and retailers from selling or making available for sale any kratom extract or kratom product to an individual under 21.

Is it illegal to possess kratom in Kentucky?

KRS 217.2202, in both its current and its July 1, 2027 version, sets duties for kratom processors and retailers, and KRS 217.2207 sets civil penalties for them. Neither section makes it an offense for a buyer to possess kratom. Possessing 7-OH above 400 parts per million, or mitragynine pseudoindoxyl, MGM-15 or MGM-16, is different: each is a Schedule I controlled substance in Kentucky, and knowingly and unlawfully possessing a Schedule I substance is a crime under KRS 218A.1415 or 218A.1416. Kentucky's drug chapter also covers a controlled substance analogue, a substance whose structure is substantially similar to a Schedule I or II substance and whose effect is substantially similar or greater (KRS 218A.010(9)); a kratom-derived product could be treated as one if a court found it met that definition, and possessing an analogue is first-degree possession under KRS 218A.1415.

Is 7-OH illegal in Kentucky?

7-hydroxymitragynine concentrated above 400 parts per million on a dry weight basis has been a Schedule I controlled substance under 902 KAR 55:015 Section 1(2)(c) since March 12, 2026. Separately, KRS 217.2202 bars retail kratom products in which 7-OH is more than 2% of the overall alkaloid composition.

What is the penalty for selling kratom illegally in Kentucky?

A kratom processor or retailer that violates KRS 217.2202 faces a civil penalty of up to $500 for a first offense and up to $1,000 for a second or subsequent offense under KRS 217.2207. From July 1, 2027, the maximums rise to $5,000 and $10,000.

Does Kentucky's 7-OH rule cover the kratom leaf?

The Schedule I designation in 902 KAR 55:015 covers 7-OH concentrated above 400 parts per million on a dry weight basis, and the regulation states that it does not apply to mitragynine. The July 1, 2027 sales ban in KRS 217.2202 is broader: it covers any kratom, defined as any part of the plant Mitragyna speciosa.