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

Maine does not list kratom, mitragynine or 7-hydroxymitragynine (7-OH) in any of its four drug schedules. The schedules in 17-A M.R.S. 1102 name no kratom compound, and Maine's criminal drug chapter sets no kratom age limit or sales rule; no bill in the 2025-2026 legislative session has kratom, mitragynine or 7-OH in its title. Maine's Schedule W also covers any opiate, which 17-A M.R.S. 1101(7) defines by morphine-like effect rather than by name, so 7-OH could be treated as a narcotic drug if a court found it meets that definition. Federal law is separate and is moving: a DEA order already covers three semi-synthetic kratom-related compounds, and a new DEA notice on 7-OH is pending. 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 Maine state law on kratom and its alkaloids: the drug schedules in 17-A M.R.S. 1102, the scheduled-drug offenses in 17-A M.R.S. chapter 45, the bills of the 132nd Legislature (2025-2026), and the operating-under-the-influence offense and definition in 29-A M.R.S. 2411 and 2401, with one paragraph on federal law. It does not cover municipal ordinances, Maine's health, licensing or consumer-product titles outside chapter 45, agency rules, employer or school policies, military rules or other states' laws.

Is kratom a scheduled drug in Maine?

No Maine schedule lists it. Section 1102 sets out the only drug schedules in Maine's criminal code. Its opening line reads:

"For the purposes of defining crimes under this chapter and of determining the penalties therefor, there are hereby established the following schedules, designated W, X, Y and Z."

None of the four schedules names kratom, the plant Mitragyna speciosa, mitragynine or 7-OH. The schedules also name no mitragynine-derived compound, so the three semi-synthetic compounds now in federal Schedule I (mitragynine pseudoindoxyl, MGM-15 and MGM-16) are not on Maine's list either. Section 1102 was last amended by Public Law 2019, chapter 528, with a 2021 revisor's correction.

Maine's drug crimes are built on that list. Section 1101 defines a "scheduled drug" as "any drug named or described in section 1102, schedule W, X, Y or Z," and the possession offense in 17-A M.R.S. 1107-A applies when a person "intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, which is in fact a scheduled drug." Kratom and its alkaloids are not listed by name in any of the schedules, but the definition also reaches a drug "described" in a schedule. Schedule W includes, "unless listed or described in another schedule, any compound, mixture or preparation containing narcotic drugs in any quantity" (17-A M.R.S. 1102(1)(I)). Section 1101 defines a narcotic drug to include "opium and any opiate," and an opiate as "any substance having an analgesic and addiction forming or addiction sustaining property or liability similar to morphine or capable of conversion into a drug having such analgesic and addiction forming or addiction sustaining property or liability." That definition turns on a substance's effects, not its name. So 7-OH, or mitragynine pseudoindoxyl, could be treated as a narcotic drug under Schedule W if a court found that it meets the opiate definition. DEA's pending October 2026 notice (FR Doc. 2026-20943) gives its own description of 7-OH as "sharing a similar pharmacological profile to schedule II opioids like morphine"; that is the federal notice's description, not a finding under Maine law.

Not being listed is not the same as being approved. Federal rules on kratom and 7-OH products still apply in Maine (see the federal section below).

Does Maine have a kratom age limit or sales rules?

Maine's criminal drug chapter, 17-A M.R.S. chapter 45, contains no section on kratom, so it sets no age limit, label requirement, vendor registration or 7-OH cap for kratom products.

The Legislature did pass an age-21 sales law in 2025, but it is about hemp. LD 1920, enacted as Public Law 2025, chapter 416, is titled to "Prohibit the Sale of Potentially Intoxicating Hemp Products to a Person Under 21 Years of Age," and its text does not mention kratom.

Rules for kratom could still exist elsewhere in Maine law, such as in the health, licensing or consumer-product titles, or in a city or town ordinance; those are outside this page. For state health notices, see the Maine CDC health advisory notices page.

Recent Maine bills on kratom (2025-2026)

The 132nd Legislature's bill directory runs from LD 1 to LD 2245, and no bill in it has kratom, mitragynine or 7-hydroxymitragynine in its title. So Maine has no 2025-2026 kratom act with an effective date to track.

How federal kratom scheduling relates to Maine law

Maine's schedules W, X and Y are written into section 1102 itself, and subsection 5 of that section is marked repealed (Public Law 2013, chapter 194, section 9). Schedule Z also covers "all prescription drugs other than those included in schedules W, X or Y" and "all nonprescription drugs other than those included in schedules W, X or Y as the Maine Board of Pharmacy shall duly designate" (17-A M.R.S. 1102(4)(A) and (C)). A DEA scheduling order applies in Maine as federal law, but it does not by itself add a name to section 1102. As of the October 5, 2026 statute text, section 1102 names no kratom compound.

Federal kratom status in October 2026

As of the October 6, 2026 text of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I from August 26, 2026, applying federal Schedule I controls, including on possession, to those three compounds. In a new notice filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, DEA proposes to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either alone, or both combined, exceed 1 mg per gram (solids) or 1 mg per milliliter (liquids), or when the mass of mitragynine divided by that amount 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 as a dietary supplement or a food additive, 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)."

Driving after taking kratom

Under 29-A M.R.S. 2411(1-A)(A)(1), a person commits OUI by operating a motor vehicle "while under the influence of intoxicants," which 29-A M.R.S. 2401 defines as "being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs." That definition is not limited to scheduled drugs. For blood-alcohol limits, testing and penalties, see our guide to Maine OUI laws.

Related

• Kratom laws by state
• Maine OUI and DUI laws
• Maine psilocybin mushroom laws

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Maine?

Maine does not list kratom, mitragynine or 7-OH in its drug schedules (17-A M.R.S. 1102), and the state criminal code sets no kratom-specific age limit or sales rule. Federal law and any local rule still apply.

Is 7-OH banned in Maine?

No Maine schedule lists 7-hydroxymitragynine by name, and no 2025-2026 Maine bill has 7-OH in its title. Maine's Schedule W also covers any opiate, a term defined by morphine-like effect rather than by a list (17-A M.R.S. 1101(7)), so 7-OH could be treated as a narcotic drug if a court found it meets that definition. A pending federal DEA notice of intent would, if an order follows, place 7-OH above a threshold in federal Schedule I.

Is there a kratom age limit in Maine?

Maine's criminal drug chapter sets no age limit for kratom, and the 2025 age-21 hemp law (LD 1920) does not mention it. Rules in other parts of Maine law or in a municipal ordinance are outside this page.

Are mitragynine pseudoindoxyl, MGM-15 and MGM-16 controlled in Maine?

They are not listed by name in Maine's schedules in section 1102. Maine's Schedule W also covers any opiate, a term defined by morphine-like effect rather than by a list (17-A M.R.S. 1101(7)), so they could be treated as narcotic drugs if a court found they meet that definition. They have been in federal Schedule I under a DEA temporary order since August 26, 2026, and federal Schedule I rules, including on possession, apply to them.

Can I be charged with OUI after using kratom in Maine?

Maine defines being under the influence of intoxicants to include being under the influence of a drug other than alcohol (29-A M.R.S. 2401). That definition is not limited to scheduled drugs. Operating while under the influence of intoxicants is OUI under 29-A M.R.S. 2411(1-A).

Could a federal kratom ban change Maine law?

A DEA order would apply in Maine as federal law. Maine's own schedules are in section 1102. Schedules W, X and Y change when the Legislature amends that section; Schedule Z also reaches all prescription drugs not listed elsewhere, a category defined partly by federal law (17-A M.R.S. 1101(10)), and any nonprescription drug the Maine Board of Pharmacy designates (17-A M.R.S. 1102(4)).