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Is Kratom Legal in Minnesota? (2026 Law)

Independently fact-checkedBy Recording Law Editorial Team11 min read

Independently fact-checked against primary sources (last audited October 12, 2026). · 19 primary sources cited on this page. How we verify our legal content

Is Kratom Legal in Minnesota? (2026 Law)

Kratom is not listed as a controlled substance in Minnesota: the state's drug schedules in Minn. Stat. 152.02 do not name kratom, mitragynine or 7-hydroxymitragynine (7-OH). The kratom rule in Minnesota's drug chapter is an age limit in Minn. Stat. 152.027, subdivision 7: since August 1, 2026, selling kratom to anyone under 21 is a gross misdemeanor and possession by anyone under 21 is a misdemeanor, and the chapter sets no labeling, registration or 7-OH limits. 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 Minnesota state law on kratom: the kratom age rule in Minn. Stat. 152.027, subdivision 7 as amended by Laws 2026, chapter 63, the controlled-substance schedules in Minn. Stat. 152.02 and the Board of Pharmacy's power to follow federal scheduling (subdivision 12), the general penalty ranges in Minn. Stat. 609.03, the driving-while-impaired statute, and one 2026 bill that did not pass (House File 3452), with one paragraph on federal law. It does not cover city or county ordinances, employer or school policies, military rules or other states' laws.

Kratom is not named in any Minnesota schedule. Minnesota lists its controlled substances in Minn. Stat. 152.02, and the Board of Pharmacy keeps a parallel Schedule I list in Minnesota Rules, part 6800.4210. Neither contains an entry for kratom, the plant Mitragyna speciosa, mitragynine or 7-OH.

Minnesota's controlled-substance crimes are keyed to those schedules: the fifth-degree possession offense in Minn. Stat. 152.025, subdivision 2(a)(1), for example, applies to mixtures containing a controlled substance classified in a listed schedule. Because kratom is not named in any schedule, those crimes do not reach it by name. Minnesota's Schedule I also covers "analogs" of the listed opiates and opium derivatives, and Minn. Stat. 152.01, subdivision 23 defines an analog as a substance "the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II" that has a substantially similar or greater effect on the central nervous system, or that a person represents or intends to have such an effect. A kratom alkaloid could be treated as an analog only if it met that test; this page cites no Minnesota decision applying the definition to kratom alkaloids or to the three federally scheduled 7-OH-related compounds. The one kratom-specific rule is an age limit for sale and possession, described next.

The Minnesota Department of Health describes its role this way on its kratom page: "the Minnesota Department of Health does not regulate the sale or possession of kratom products." The same page says that "local communities in Minnesota may consider policies to help reduce harms associated with kratom products." If you live or sell in Minnesota, check your city or county code for any local rule; state law still applies alongside it.

The age 21 rule (Minn. Stat. 152.027, subdivision 7)

The Legislature raised the kratom age from 18 to 21 in Laws 2026, chapter 63 (House File 3453), which the governor signed on May 5, 2026. As amended, the subdivision reads:

Minnesota kratom laws: local bans

"Subd. 7. Sale or possession of kratom. (a) A person who unlawfully sells any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine to a person under the age of 21 is guilty of a gross misdemeanor. (b) A person under the age of 21 who unlawfully possesses any amount of kratom or a substance that contains mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor."

The session law states: "This section is effective August 1, 2026, and applies to crimes committed on or after that date." Conduct before August 1, 2026 fell under the earlier text, which used the age of 18.

Three points about the text:

  • It covers 7-OH products by name. The rule reaches "kratom or a substance that contains mitragynine or 7-hydroxymitragynine," so concentrated 7-OH products are subject to the same age limit as leaf products. Neither compound is named in a schedule; the age rule is the only provision in chapter 152 that names them.
  • Any amount counts. Both offenses apply to "any amount."
  • The buyer is also covered. Paragraph (b) makes possession by a person under 21 a separate offense, so an under-21 buyer commits an offense as well as the seller.

The subdivision uses the word "unlawfully" but does not itself define what makes a sale or possession unlawful.

The Revisor's online page for section 152.027 still showed the older age of 18 on October 11, 2026, because the codified text had not caught up with the 2026 session law. The age that applies is 21, as enacted in Laws 2026, chapter 63.

What are the penalties for kratom offenses in Minnesota?

Subdivision 7 classes the offenses but does not set sentences, so the general sentencing statute supplies the maximums. Minn. Stat. 609.03, which governs punishment when it is not otherwise fixed, provides that a person convicted may be sentenced:

"(2) If the crime is a gross misdemeanor, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or (3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both"

ConductOffense classMaximum penalty
Selling kratom, or a substance containing mitragynine or 7-OH, to a person under 21Gross misdemeanor (152.027, subd. 7(a))364 days, $3,000 fine, or both (609.03(2))
Possession by a person under 21Misdemeanor (152.027, subd. 7(b))90 days, $1,000 fine, or both (609.03(3))

The kratom subdivision has no repeat-offense tier, no civil penalty and no felony level, and it does not name an enforcing agency.

No labeling, registration or 7-OH limits

Minnesota's drug chapter does not regulate kratom as a consumer product. Chapter 152 contains no kratom provision other than the age rule in section 152.027, subdivision 7: there is no kratom consumer protection act, no labeling or licensing requirement, no 7-OH concentration limit and no possession offense for adults 21 and older.

House File 3452 (did not pass)

House File 3452, introduced on February 19, 2026, takes the opposite approach to the age rule. Its official title describes it as "classifying kratom as a Schedule II controlled substance; amending Minnesota Statutes 2024, section 152.02, subdivision 3; repealing Minnesota Statutes 2024, section 152.027, subdivision 7."

The bill was referred to the House Public Safety Finance and Policy committee on February 19, 2026, and its Senate companion, Senate File 3711, was referred to the Senate Judiciary and Public Safety committee the same day. Neither bill received committee action before the Legislature adjourned sine die on May 18, 2026, ending the 2025-2026 biennium, and kratom remains unlisted in Minnesota's schedules. A similar proposal would have to be introduced as a new bill, beginning with the 2027 session.

Could Minnesota follow federal kratom scheduling?

Minnesota does not adopt federal scheduling decisions automatically. Minn. Stat. 152.02, subdivision 12(a) gives the Board of Pharmacy a choice:

Minnesota kratom laws: buying online and shipping

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Board of Pharmacy may similarly and temporarily control the substance under this chapter by issuing an order and causing it to be published in the State Register and filed with the secretary of state. In issuing the order, the board is not required to engage in rulemaking. The order expires no later than 12 months after the date of issue and may not be renewed."

That matters because three kratom-related compounds became federal Schedule I substances on August 26, 2026 (see the federal section below). This page does not cite any Board order under subdivision 12 for those compounds, so it does not state that they are controlled substances under Minnesota law. Any such order is issued by the Minnesota Board of Pharmacy and published in the State Register.

Federal kratom law

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026. The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. That notice states that the DEA's July 2026 notice of intent to temporarily 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's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food. Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Minnesota's driving-while-impaired statute, Minn. Stat. 169A.20, subdivision 1, covers driving while "under the influence of a controlled substance" (clause (2)) and while "under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment" (clause (3)), a clause that is not limited to scheduled drugs. Its any-amount clause (clause (7)) applies to "a controlled substance listed in Schedule I or II, or its metabolite," and kratom is not on those schedules. See our guide to Minnesota DUI laws.

A conviction for selling kratom to a person under 21 (a gross misdemeanor) or for possession under 21 (a misdemeanor) is a criminal record. The first-offender deferral in Minn. Stat. 152.18 does not list subdivision 7, so it does not apply to these kratom offenses. For how expungement works in Minnesota, see Minnesota expungement laws.

This article provides general legal information about Minnesota state law as of October 11, 2026. It is not legal advice. Bills, Board of Pharmacy orders and federal scheduling actions can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in Minnesota or the Minnesota Board of Pharmacy.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Minnesota?

Kratom is not listed as a controlled substance in Minnesota; it is not named in the state schedules in Minn. Stat. 152.02. Since August 1, 2026, Minn. Stat. 152.027, subdivision 7 makes it a gross misdemeanor to sell kratom to anyone under 21 and a misdemeanor for anyone under 21 to possess it.

What is the kratom age limit in Minnesota?

The age limit is 21 for kratom and for any substance containing mitragynine or 7-hydroxymitragynine. Laws 2026, chapter 63 raised it from 18 to 21 for crimes committed on or after August 1, 2026.

What is the penalty for selling kratom to someone under 21 in Minnesota?

It is a gross misdemeanor under Minn. Stat. 152.027, subdivision 7(a). Under Minn. Stat. 609.03 a gross misdemeanor is punishable by up to 364 days in jail, a fine of up to $3,000, or both.

Is 7-OH illegal in Minnesota?

7-hydroxymitragynine (7-OH) is not listed in Minnesota's controlled-substance schedules. The only provision in Minnesota's controlled-substance chapter that names it is the age rule in Minn. Stat. 152.027, subdivision 7, which covers any substance that contains mitragynine or 7-OH in the same way as kratom.

Can adults 21 and older possess kratom in Minnesota?

The possession offense in Minn. Stat. 152.027, subdivision 7(b) applies only to a person under 21, and chapter 152 contains no other kratom possession offense. The Minnesota Department of Health says local communities may consider their own kratom policies, so check your city or county code; state law still applies alongside them.

Does the federal kratom order apply in Minnesota?

The DEA temporary order effective August 26, 2026 makes mitragynine pseudoindoxyl, MGM-15 and MGM-16 Schedule I under federal law, which applies in Minnesota. Under Minn. Stat. 152.02, subdivision 12, the Board of Pharmacy may, but is not required to, temporarily control a federally scheduled substance by an order that expires no later than 12 months after it is issued.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Minn. Stat. 152.01, Definitions, including subdivision 23 (analog)(www.revisor.mn.gov).gov
  2. Minn. Stat. 152.02, Schedules of controlled substances; administration of chapter(www.revisor.mn.gov).gov
  3. Minn. Stat. 152.025, Controlled substance crime in the fifth degree(www.revisor.mn.gov).gov
  4. Minn. Stat. 152.027, Other controlled substance offenses(www.revisor.mn.gov).gov
  5. Minnesota Department of Health, Kratom(www.health.mn.gov).gov
  6. Laws of Minnesota 2026, chapter 63 (H.F. 3453), amending Minn. Stat. 152.027, subd. 7(www.revisor.mn.gov).gov
  7. Minn. Stat. 609.03, Punishment when not otherwise fixed(www.revisor.mn.gov).gov
  8. H.F. 3452 (2026), Kratom classified as a Schedule II controlled substance(www.revisor.mn.gov).gov
  9. S.F. 3711 (2026), Kratom classification as a Schedule II controlled substance(www.revisor.mn.gov).gov
  10. Minnesota Legislative Reference Library, Minnesota Legislative Sessions(www.lrl.mn.gov).gov
  11. Minnesota Legislature, Frequently Asked Questions: bills at the end of a biennium(www.leg.mn.gov).gov
  12. Minnesota Board of Pharmacy(mn.gov).gov
  13. DEA, Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I (FR Doc. 2026-17429)(www.federalregister.gov).gov
  14. DEA, Notice of intent to temporarily schedule 7-hydroxymitragynine and mitragynine pseudoindoxyl above a threshold (FR Doc. 2026-20943, public inspection)(public-inspection.federalregister.gov).gov
  15. DEA notice of intent: new temporary order keeping MGM-15 and MGM-16 in Schedule I, FR Doc. 2026-20942 (public inspection)(public-inspection.federalregister.gov).gov
  16. 21 CFR 1308.11, Schedule I(www.ecfr.gov).gov
  17. FDA, FDA and Kratom(www.fda.gov).gov
  18. Minn. Stat. 169A.20, Driving while impaired(www.revisor.mn.gov).gov
  19. Minn. Stat. 152.18, Discharge and dismissal(www.revisor.mn.gov).gov
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