Is Kratom Legal in Mississippi? (2026 Law)

Kratom is not a controlled substance on Mississippi's Schedule I, which is set out at Miss. Code 41-29-113 and lists no kratom compound, including mitragynine and 7-hydroxymitragynine (7-OH). Since July 1, 2025, House Bill 1077 (Laws 2025, ch. 488) has regulated kratom products instead: sale or distribution to anyone under 21 is prohibited, products must sit behind the counter, sellers must register with the Department of Revenue, and products may not exceed a 7-OH limit.

Mississippi is also one of the states where local law matters: HB 1077 expressly lets cities and counties ban or restrict kratom. 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 Mississippi state law on kratom: HB 1077 (2025), the Schedule I list at Miss. Code 41-29-113, the Department of Revenue's kratom excise tax and registration notice, the 2026 bills that did not pass, the state's rule for following federal scheduling (Miss. Code 41-29-111), and one paragraph on federal law. It does not cover the text of any city or county ordinance, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Mississippi?

Kratom is not on Mississippi's Schedule I. The Legislature most recently amended and reprinted all of Miss. Code 41-29-113 in 2026 (SB 2117, Laws 2026, ch. 325, effective July 1, 2026), and that schedule lists no kratom compound. Its hallucinogen list, for example, runs through entries such as "(29) Psilocybin; (30) Psilocyn;" with no mention of mitragynine or 7-OH.

Instead of scheduling kratom, the Legislature passed HB 1077 in 2025. The Governor approved it on April 17, 2025, it became Chapter 488 of the 2025 Laws, and Section 5 provides: "This act shall take effect and be in force from and after July 1, 2025." The Act sets an age limit, a product standard, display, label and registration rules, and fines.

In short, Mississippi law permits the sale of compliant kratom products to adults 21 and older and prohibits sale to anyone younger, unless a city or county has banned kratom locally.

What counts as a kratom product under HB 1077

Section 1(a) of HB 1077 defines the product the Act allows:

"(a) "Kratom product" means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract that does not contain any synthesized kratom alkaloids, other kratom constituents, or synthesized metabolites of any kratom constituent in which the level of 7-hydroxymitragynine, on a percent weight basis, is not greater than one percent (1%) of the amount of total kratom alkaloids, ..."

The 1% figure is measured with a high-performance liquid chromatography testing method, and the definition ends: "and not to exceed one-half (0.5) milligram per container."

Three limits follow from that text. The product must be made from kratom leaf or leaf extract. It may not contain synthesized kratom alkaloids, constituents or metabolites. And its 7-OH content must meet both the 1% figure and the 0.5 milligram per container figure as the definition states them.

HB 1077 words the 7-OH limit differently in two places. The Section 1(a) definition requires 7-OH to be "not greater than one percent (1%)" of total kratom alkaloids "and not to exceed one-half (0.5) milligram per container," while Section 2(2)(b) bars a product whose 7-OH is "greater than one percent (1%) of the alkaloid composition and not to exceed one-half (0.5) milligram per container of the product." The Department of Revenue's July 14, 2025 notice describes a prohibited product as one whose 7-OH is greater than 1% of the alkaloid composition and exceeds 0.5 milligram per container. Neither the Act nor the notice says how these wordings fit together.

Kratom age limit and sales rules in Mississippi

Section 2(1) sets the age limit and the display rule:

"(1) (a) A retailer, manufacturer, and/or wholesaler shall not distribute or sell a kratom product to an individual under twenty-one (21) years of age. (b) Kratom products offered for sale must be placed behind the retailer's counter."

Section 2(1)(c) requires every person in the business of selling kratom products at retail to notify each retail sales clerk that state law prohibits the sale or distribution of kratom products, including samples, to anyone under 21 and their purchase or receipt by anyone under 21, and requires that proof of age be demanded from a prospective purchaser or recipient not known to be 21 or older. Each clerk must sign an agreement with the employer promising to observe that law. Under Section 2(1)(d), "No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees."

Section 2(2) then lists four kinds of products that a retailer, wholesaler, jobber, distributor or manufacturer may not prepare, distribute or sell:

"(a) A product represented as being a kratom product that does not meet the definition for a kratom product pursuant to Section 1 of this act; (b) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than one percent (1%) of the alkaloid composition and not to exceed one-half (0.5) milligram per container of the product; (c) A kratom product containing any controlled substance listed in the Uniform Controlled Substances Act, unless the product is compounded by a licensed pharmacist with the controlled substance dispensed in accordance with a valid prescription; or (d) Any kratom product that does not have a label that clearly sets forth the identity, address and telephone number of the manufacturer, and a full list of the ingredients in the kratom product."

The label rule is a disclosure rule: the label must identify the manufacturer, its address and telephone number, and list the full ingredients.

Registration with the Department of Revenue

Section 2(3) and (4) add a registration duty:

"(3) A retailer, wholesaler, jobber, distributor or manufacturer shall not sell, distribute or expose for sale a kratom product prior to registering with the Mississippi Department of Revenue. (4) A retailer, wholesaler, jobber, distributor or manufacturer shall comply with the provisions of subsection (3) of this section from and after October 1, 2025."

The 25% kratom excise tax

The Department of Revenue's Notice 72-25-12, dated July 14, 2025, states: "Effective July 1, 2025, kratom products are subject to an excise tax rate of twenty-five percent (25%) of the manufacturer's list price." The same notice repeats the age-21 rule, including for samples, and the behind-the-counter rule, and says it acts "in accordance with House Bill 1896 and House Bill 1077 of the 2025 Regular Legislative Session." HB 1896 became Chapter 502 of the 2025 Laws, approved by the Governor on April 17, 2025.

Is 7-OH legal in Mississippi?

7-hydroxymitragynine is not listed by name on Mississippi's schedules. HB 1077 deals with 7-OH as a product standard: a kratom product may not be sold if its 7-OH level is above the limit quoted above, and a product made with synthesized kratom alkaloids or metabolites does not meet the definition of a kratom product at all.

That is a limit on what may be sold as kratom, not a schedule entry. A product that breaks it exposes the seller to the fines in Section 3. Separately, Section 2(2)(c) bars any kratom product that contains a substance listed in the Uniform Controlled Substances Act. Possessing a substance that is on the state's schedules is a crime under Miss. Code 41-29-139, whatever product it comes in, and that section sets the penalty by the schedule and the weight involved.

One caveat applies to concentrated 7-OH. Mississippi's Schedule II covers "Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate" (Miss. Code 41-29-115), and Miss. Code 41-29-105 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." That definition turns on a substance's effects rather than its name, so a concentrated 7-OH product could be treated as a controlled substance if a court found it met that definition. No Mississippi statute names 7-OH as an opiate. A 2026 bill to create a Mississippi Controlled Substance Analog Act (HB 1590) died in committee on February 3, 2026.

Kratom penalties in Mississippi

Section 3 of HB 1077 sets every penalty in the Act. For a person under 21 who misstates age, Section 3(1)(a) provides:

"(1) (a) Any person under the age of twenty-one (21) years who falsely states he or she is twenty-one (21) years of age or older, or presents any document that indicates he or she is twenty-one (21) years of age or older, for the purpose of purchasing or otherwise obtaining kratom products shall be guilty of a misdemeanor, and shall be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Two Hundred Dollars ($200.00), and a sentence to not more than thirty (30) days community service."

For buyers under 21, Section 3(1)(b) provides:

"(b) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any kratom product, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00)."

For sellers, Section 3(2) provides:

"(2) A retailer or agent of a retailer, wholesaler, jobber, distributor and manufacturer that sells, stores, or maintains kratom products, who violates, or permits the violation of, Section 2 of this act, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) per violation."

The seller penalty is a fine; Section 3 sets no jail term and no separate tier for a repeat violation. The Act creates no possession offense for an adult 21 or older who has a compliant kratom product.

Local kratom bans in Mississippi

Section 4 of HB 1077 keeps local authority in place:

"Notwithstanding any provision of this act, any municipality or county that enacted a ban and/or restriction on kratom products before July 1, 2025, shall retain the authority to continue enforcing any such ban and/or restriction. In addition, this act shall not preempt, override, or prohibit any future enactment of any ban and/or restriction by municipalities and counties seeking to regulate, restrict, or ban kratom products within their jurisdictions."

The state rules above are therefore a floor. A city or county may prohibit kratom products entirely, and its ordinance can apply even to adults buying a product that meets HB 1077. To learn whether a local ban applies where you live, check the city or county code or contact the city or county clerk.

2026 kratom bills that did not pass

The 2026 Regular Session considered several bills to schedule or ban kratom. None became law:

• HB 864 would have added kratom to Schedule I. It died in committee on February 3, 2026.
• HB 863 and HB 1712 would have placed kratom in Schedule III. Both died in committee on February 3, 2026.
• HB 865, another Schedule III bill, was tabled in the House on February 10, 2026 after a point of order.
• HB 1750, another Schedule III bill, died in committee on February 3, 2026.
• SB 2822, a Senate bill to outlaw kratom, died in committee on February 3, 2026.
• SB 2645 would have barred the sale of beverages containing hemp, THC or kratom. It died in committee on February 3, 2026.
• HB 1639 would have created a screening and approval program. It died in committee on February 3, 2026.

HB 1077 therefore remains the governing law, and kratom stays off the state's schedules unless a later session acts.

Federal kratom law and Mississippi'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 (91 FR 54948). From that date, federal Schedule I controls and sanctions, including those for possession, apply to those three compounds. 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)." The Mississippi State Department of Health issued a health advisory to clinicians on July 1, 2025 (MSHAN-202507-00604-ADV) on the risks of kratom and semi-synthetic alkaloid products, including 7-hydroxymitragynine and mitragynine pseudoindoxyl. Our kratom laws by state hub covers the federal layer in more detail.

For kratom compounds, Mississippi's code routes federal scheduling changes through the Legislature. Miss. Code 41-29-111(1)(d) provides: "If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, it shall recommend the control of the substance under this article at the next session of the Legislature." Under that section, the State Board of Health's role after a federal change is to recommend control to the Legislature at its next session, which is the 2027 Regular Session. A 2026 act, SB 2056 (Laws 2026, ch. 322), adds one automatic-scheduling rule, limited to an FDA-approved crystalline polymorph psilocybin drug that the DEA schedules; it does not reach kratom or any kratom compound. The current text of Mississippi's Schedule I (SB 2117, 2026) does not list mitragynine pseudoindoxyl, MGM-15 or MGM-16, but the federal order applies to them under federal law in Mississippi as everywhere else.

Driving and criminal records

Kratom's legal status does not make impaired driving lawful. Miss. Code 63-11-30(1) makes it unlawful to drive or operate a vehicle if the person "(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle; (c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law." Clause (b) reaches any substance, including kratom, that impairs the driver; clause (c) covers drugs whose possession is unlawful in Mississippi. Our guide to Mississippi DUI laws covers the rest of the section and its penalties.

A misdemeanor conviction under HB 1077, such as an under-21 possession charge, or a seller's conviction for a sales violation, creates a criminal record. Whether it can later be cleared is covered in our guide to Mississippi expungement laws.

Related

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

This article provides general legal information about Mississippi state law as of October 11, 2026. It is not legal advice. HB 1077 and the Schedule I text (as reprinted by SB 2117, Laws 2026, ch. 325) are quoted from the enrolled bills on the Mississippi Legislature's bill-status site. Miss. Code 41-29-111 is quoted from SB 2056 (Laws 2026, ch. 322), which reprints it as amended effective July 1, 2026, and Miss. Code 63-11-30 from HB 292 (Laws 2024, ch. 535), which reprints it as amended effective July 1, 2024. The Schedule II text of Miss. Code 41-29-115 is quoted from HB 563 (2026, as passed by the House), which reprints the section in full without amending it, and the opiate definition in Miss. Code 41-29-105 from HB 448 (2026, as introduced), which reprints that section; neither bill became law. For advice about a specific situation, contact a lawyer licensed in Mississippi or the Mississippi Department of Revenue.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Mississippi?

Kratom is not on Mississippi's Schedule I (Miss. Code 41-29-113). Since July 1, 2025, HB 1077 (2025) regulates kratom products: sale to anyone under 21 is prohibited, products must be kept behind the counter, and they must meet product, label and registration rules. Cities and counties may also ban kratom.

What is the kratom age limit in Mississippi?

Twenty-one. HB 1077 (2025), Section 2(1)(a), bars a retailer, manufacturer or wholesaler from distributing or selling a kratom product to an individual under 21. A person under 21 who buys, receives or possesses a kratom product in any public place commits a misdemeanor with a fine of $200 to $500.

Is 7-OH legal in Mississippi?

7-hydroxymitragynine is not listed by name on Mississippi's schedules. Schedule II (Miss. Code 41-29-115) also covers any opiate, defined as a substance with addiction-forming liability similar to morphine, so a concentrated 7-OH product could be treated as a controlled substance if a court found it met that definition. HB 1077 separately caps 7-OH in kratom products: 7-OH may not be greater than 1% of total kratom alkaloids, and the Act adds the words and not to exceed 0.5 milligram per container. Products with synthesized kratom alkaloids or metabolites may not be sold.

Can a Mississippi city ban kratom?

Yes. Section 4 of HB 1077 lets any municipality or county that banned or restricted kratom products before July 1, 2025 keep enforcing that rule, and it does not preempt future local bans or restrictions. Check your city and county ordinances as well as state law.

What is the penalty for selling kratom to a minor in Mississippi?

Under HB 1077, Section 3(2), a retailer or agent, wholesaler, jobber, distributor or manufacturer who violates or permits a violation of the Act's sales rules faces, on conviction, a fine of up to $1,000 per violation. The fine can reach a retailer's agent, such as a clerk; a retailer that gave its employees the required instruction is not liable for their violations (Section 2(1)(d)).

Do kratom sellers need a license in Mississippi?

Sellers must register with the Mississippi Department of Revenue before selling, distributing or exposing a kratom product for sale, with compliance required from October 1, 2025 (HB 1077, Section 2(3)-(4)). Kratom products are also subject to a 25% excise tax on the manufacturer's list price.

Is Mississippi going to ban kratom?

No ban has passed. Five 2026 House bills to add kratom to Schedule I or III (HB 863, 864, 865, 1712 and 1750) died in committee or were tabled, a Senate bill to outlaw kratom (SB 2822) and a bill to bar kratom beverages (SB 2645) died in committee, and HB 1639, a screening-program bill, also died. A future session could take up new bills.