Is Kratom Legal in Louisiana? (2026 Law)

Kratom is not legal in Louisiana. Since August 1, 2025, La. R.S. 40:966.1 has made it a crime to possess kratom or to produce, manufacture, distribute or dispense it, and Louisiana's Schedule I (R.S. 40:964) lists both mitragynine and 7-hydroxymitragynine (7-OH). Because sale is banned outright, Louisiana has no kratom age limit, labeling rule or vendor registration. 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 Louisiana state law on kratom: the kratom offense in La. R.S. 40:966.1, the Schedule I listing in R.S. 40:964, the prohibited-plant list in R.S. 40:989.2, Act 41 of 2025, the related provisions of the Uniform Controlled Dangerous Substances Law and the felony and misdemeanor definitions in R.S. 14:2, with one paragraph on federal law. It does not cover parish or city rules, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Louisiana?

No. Louisiana treats kratom as a prohibited substance, not a regulated product. The central statute is R.S. 40:966.1, added by Act 41 of 2025. It opens with its own definition:

"A. For purposes of this Section, "kratom" means any substance derived from the leaves of the Mitragyna speciosa tree or any substance containing 7-hydroxymitragynine or mitragynine."

That definition covers ordinary leaf material and any product containing either alkaloid. It is written "for purposes of this Section," so it governs the offenses in 966.1. The section then sets out two offenses. Subsection B(1) provides: "It shall be unlawful for any person to knowingly produce, manufacture, distribute, or dispense, or possess with intent to produce, manufacture, distribute, or dispense, kratom." Subsection C provides: "It is unlawful for any person knowingly or intentionally to possess kratom."

Mitragynine and 7-OH are Schedule I

Separately from 966.1, Louisiana lists kratom's alkaloids in its controlled substance schedules. R.S. 40:964, Schedule I, part G ("Miscellaneous"), reads:

"Unless specifically excepted or contained within a pharmaceutical product approved by the United States Food and Drug Administration, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) 7-hydroxymitragynine (2) Mitragynine (3) Tianeptine"

Two points follow from the text. First, the listing names mitragynine, the main alkaloid of the leaf, and not only 7-OH, so Louisiana's control is not limited to concentrated 7-OH products. Second, it carries an exception for those substances when "contained within a pharmaceutical product approved by the United States Food and Drug Administration."

Mitragyna speciosa also appears on the list of "prohibited plants" in R.S. 40:989.2. The current text lists it at (C)(5)(f); the legislative digest for Act 41 refers to the same addition as (C)(5)(m). Section 989.2 carries its own penalties for material containing a prohibited plant that is intended to be placed in the oral or nasal cavity, is prepared for smoking, or is to be burned and inhaled: producing, manufacturing or distributing it, or possessing it with intent to do so, carries imprisonment with or without hard labor for not more than five years and a possible fine of not more than $10,000 (989.2(A)(2)), and possessing it carries a fine of not more than $500, imprisonment for not more than six months, or both (989.2(B)(2)).

Subsection E of 989.2 exempts possessing or growing a prohibited plant "strictly for aesthetic, landscaping, or decorative purposes." Subsection F of 989.2 exempts "any dosage form which is labeled as a dietary supplement and is manufactured in compliance with" sections 402(g)(2), 415 and 761 of the federal Food, Drug, and Cosmetic Act. Each exemption is limited to "the provisions of this Section," meaning 989.2. Section 40:966.1 contains no dietary-supplement exemption.

Penalties for kratom in Louisiana

Section 40:966.1 sets its own penalties, graded by weight. It defines only "kratom." Its distribution tiers use "aggregate weight," and R.S. 40:961(4), which applies throughout this Part of the Uniform Controlled Dangerous Substances Law, defines "aggregate" as "the gross weight of an exhibit of evidence."

Section 966.1 does not print a felony or misdemeanor label. Louisiana's general definitions in R.S. 14:2 supply the line: "(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor. ... (6) "Misdemeanor" is any crime other than a felony." The production and distribution offense allows imprisonment "with or without hard labor," so it meets the felony definition on its face. The possession tiers carry a fine or parish jail time with no hard labor, so they fall within "any crime other than a felony."

The general Schedule I offenses in R.S. 40:966

Because R.S. 40:964 lists mitragynine and 7-hydroxymitragynine in Schedule I and reaches "any material, compound, mixture, or preparation which contains any quantity" of them, the text of Louisiana's general Schedule I offenses in R.S. 40:966 also covers kratom on its face. Section 966 sets separate penalties for marijuana, synthetic cannabinoids, heroin and consumable hemp, but not for kratom, and section 966.1 does not say it is the only offense that applies to kratom.

Under 966(C)(1), possessing a Schedule I substance carries imprisonment with or without hard labor of up to 2 years for less than 2 grams aggregate weight, or 1 to 10 years for 2 grams to under 28 grams, and a possible fine of up to $5,000. Under 966(D)(2), possessing 28 grams or more of such a substance "shall be considered a violation of Subsection A," the production and distribution offense. Under 966(A)(1) and (B)(1), producing or distributing a Schedule I substance carries 1 to 10 years with or without hard labor under 28 grams, or 1 to 20 years at hard labor at 28 grams or more, and a possible fine of up to $50,000. Those tiers allow imprisonment at hard labor, so they meet the felony definition in R.S. 14:2. Section 966.1 remains the offense written specifically for kratom.

Repeat offenses and drug-free zones

Two general provisions of the Uniform Controlled Dangerous Substances Law may matter, though neither names kratom.

• Second or subsequent offenses. R.S. 40:982(A) provides that a person convicted of "any offense under this Part," if it is a second or subsequent offense, "shall be sentenced to a term of imprisonment that is twice that otherwise authorized or to payment of a fine that is twice that otherwise authorized, or both." Under 982(B), a prior conviction under the drug laws of Louisiana, the United States, another state or a foreign country counts. Section 966.1(C) already sets its own higher tier for a second possession conviction over 20 grams, and the text of 982 does not say how the two provisions interact.
• Drug-free zones. R.S. 40:981.3 raises penalties for violations "of R.S. 40:966 through 970" on school property, within 2,000 feet of it or on a school bus: "the imposition of the maximum fine" and imprisonment of "not more than one and one-half times the longest term" otherwise authorized. Section 966.1 falls numerically within that range, though 981.3 does not name it, and an offense under 40:966 involving kratom is within it. The same enhancement applies, where the area is posted as a drug-free zone, on or within 2,000 feet of religious building, public housing authority or child day care center property, and to production or distribution under 40:966(A) on or within 2,000 feet of a drug treatment facility in a marked drug-free zone.

Overdose Good Samaritan law

R.S. 14:403.10(A)(1) provides that a person "acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession or use of a controlled dangerous substance under the Uniform Controlled Dangerous Substances Law" when the evidence was obtained because the person sought help. Subsection B gives the same protection to the person who experiences the overdose, when the evidence was obtained as a result of the overdose and the need for medical assistance. The section does not name R.S. 40:966.1 or kratom.

No age limit or sales rules

Louisiana has no kratom age limit, labeling law or vendor registration. States that regulate a legal kratom market use those tools; Louisiana prohibits the product instead, and its kratom statutes (40:966.1 and 40:989.2) contain no licensing or labeling scheme.

Before 2025, Louisiana did have an age rule. The Act 41 digest explains: "Prior law made it a crime to distribute products containing substances derived from the Mitragyna speciosa tree (kratom) to a person under the age of 18 years. New law repeals prior law and makes it a crime to distribute kratom to a person of any age." Act 41 repealed that older offense, R.S. 40:989.3.

Recent changes: Act 41 of 2025 and later bills

Act 41 of 2025 (SB 154) is the law in force. Its digest summarizes it this way: "New law defines "kratom" and adds the active chemical components of kratom to Schedule I." The digest lists the act's effects (it amends R.S. 40:964, Schedule I(G), adds 40:966.1 and the 989.2 entry, and repeals 40:989.3) and states: "Effective August 1, 2025."

Two later bills did not become law:

• 2025 HB 253 ("Provides relative to kratom") shows a current status of "Pending House Appropriations" on the Legislature's bill page. It was never enacted.
• 2026 HB 778 ("Provides with respect to the possession of Kratom") shows a current status of "Involuntarily deferred in House Administration of Criminal Justice - Considered 5/19/26." It is not law.

Federal kratom law and Louisiana's adoption rule

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 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 6, 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, 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.

Louisiana has two routes for following federal scheduling. R.S. 40:961(8) defines a "controlled dangerous substance" to include any substance listed in "21 CFR 1308.11 through 1308.15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled dangerous substance by amendment of supplementation of such regulations or statute." And R.S. 40:962(B) provides: "The secretary shall add a substance as a controlled dangerous substance if it is classified as a controlled dangerous substance by the Drug Enforcement Administration of the United States government." Under 962(H) the secretary of the Louisiana Department of Health may also add a substance to Schedule I by emergency rule to avoid "an imminent peril to the public health, safety, or welfare." R.S. 40:964, including the opioid entries added by Act 58 of 2026 (effective August 1, 2026), does not name mitragynine pseudoindoxyl, MGM-15 or MGM-16, and no Louisiana Department of Health rule adding them appears in the Louisiana Register through its September 20, 2026 issue, although the definition in R.S. 40:961(8) reaches substances listed in 21 CFR 1308.11. Louisiana's kratom ban does not depend on that question, because 966.1 and 964 already cover mitragynine and 7-OH.

Research with controlled substances

R.S. 40:973(A)(1) requires every person who "conducts research with, manufactures, distributes, procures, possesses, prescribes, or dispenses any controlled dangerous substance within this state" to obtain a controlled dangerous substance license from the Louisiana Board of Pharmacy before engaging in that activity.

Driving and criminal records

Louisiana's operating-while-intoxicated statute, R.S. 14:98, reaches a driver who "is impaired by any other drug, combination of drugs, or combination of alcohol and drugs," and 14:98(A)(3) defines "drug" as "any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely." Our guide to Louisiana DUI laws covers penalties. A kratom conviction creates a criminal record; whether and when it can be cleared is covered in our guide to Louisiana expungement laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Louisiana?

No. Since August 1, 2025, La. R.S. 40:966.1 makes it a crime to possess, produce, manufacture, distribute or dispense kratom, and mitragynine and 7-hydroxymitragynine are Schedule I substances under R.S. 40:964.

When did Louisiana ban kratom?

Act 41 of the 2025 Regular Session (SB 154) created R.S. 40:966.1 and added the active chemical components of kratom to Schedule I. The legislative digest gives its effective date as August 1, 2025.

What is the penalty for kratom possession in Louisiana?

Under R.S. 40:966.1(C), 20 grams or less carries a fine of up to $100. More than 20 grams carries up to $500, up to six months in parish jail, or both, on a first conviction, and up to $1,000, up to six months, or both, on a second or later conviction. Because mitragynine and 7-OH are Schedule I substances, the text of the general Schedule I possession offense in R.S. 40:966(C) also covers kratom; it carries up to 2 years, with or without hard labor, for less than 2 grams.

What is the penalty for selling kratom in Louisiana?

Producing, manufacturing, distributing or dispensing kratom, or possessing it with intent to do so, carries 1 to 3 years for under 500 grams aggregate weight or 1 to 5 years for 500 grams or more, with or without hard labor, plus a fine of up to $50,000, or both (R.S. 40:966.1(B)). The text of the general Schedule I distribution offense in R.S. 40:966(A)(1) also covers kratom; it carries 1 to 10 years under 28 grams, or 1 to 20 years at hard labor at 28 grams or more.

Is 7-OH legal in Louisiana?

No. 7-hydroxymitragynine is listed in Schedule I at R.S. 40:964, Schedule I(G), and any substance containing it is kratom under the ban in R.S. 40:966.1. Mitragynine, the main leaf alkaloid, is listed too, so the ban is not limited to 7-OH products.

Is there a kratom age limit in Louisiana?

No. Louisiana had an offense for distributing kratom products to people under 18 (R.S. 40:989.3), but Act 41 of 2025 repealed it and made distributing kratom a crime whatever the buyer's age.

Did Louisiana change its kratom law in 2026?

The 2026 kratom bill, HB 778, did not become law: it was involuntarily deferred in the House Administration of Criminal Justice committee on May 19, 2026. The law in force is still Act 41 of 2025.