Is Kratom Legal in Nebraska? Age 21 and Registration (2026 Law)

Kratom is not listed as a controlled substance in Nebraska: the state's drug schedules in Neb. Rev. Stat. 28-405 do not list kratom, mitragynine or 7-hydroxymitragynine (7-OH). Instead, the Kratom Consumer Protection Act (Neb. Rev. Stat. 71-3801 to 71-3816) bars sales to anyone under 21, requires every kratom product sold in the state to be registered with the Department of Revenue, and bars products with synthesized kratom alkaloids or more than 2 percent 7-OH in the alkaloid fraction. A concentrated or semi-synthetic 7-OH product intended for human consumption could be treated as a Schedule I controlled substance analogue if its effect on the central nervous system were found substantially similar to that of a Schedule I or II substance (28-401(31)); no Nebraska statute names kratom or 7-OH as a controlled substance analogue, and no published Nebraska appellate decision has applied that definition to them. 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 Nebraska state statutes on kratom: the Kratom Consumer Protection Act (Neb. Rev. Stat. 71-3801 to 71-3816), the controlled substance schedules and their legal basis (28-404 and 28-405), the controlled substance analogue definition (28-401(31)), and the impaired-driving statute (60-6,196), with one paragraph on federal law. It does not cover Department of Revenue rules in the Nebraska Administrative Code, other Nebraska food or consumer-protection statutes, city or county ordinances, employer or school policies, military rules or other states' laws.

Is kratom legal in Nebraska?

Kratom is regulated in Nebraska rather than scheduled. Section 28-404 declares that the controlled substances are those listed in section 28-405:

All drugs and substances or immediate precursors listed in section 28-405 are hereby declared to be controlled substances, whether listed by official name, generic, common, or usual name, chemical name, brand, or trade name.

The current text of 28-405, effective July 18, 2026 after the 2026 schedule acts LB 795 and LB 877 (both approved March 3, 2026), contains no entry for kratom, mitragynine or 7-OH. Because they are not listed, Nebraska's drug possession and distribution offenses in 28-416 do not reach them by name. Nebraska also treats a "controlled substance analogue" intended for human consumption as a Schedule I substance (28-401(31)(a)), and the definition covers a substance with "a stimulant, depressant, analgesic, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than" that of a Schedule I or II substance. No Nebraska statute names kratom or 7-OH as a controlled substance analogue, and no published Nebraska appellate decision has applied that definition to them. The Kratom Consumer Protection Act regulates compliant kratom products, but a prosecutor could argue that the definition reaches a concentrated or semi-synthetic 7-OH product or one of the compounds in the federal temporary order.

What the law does control is how kratom products are made, labeled and sold. The Kratom Consumer Protection Act was enacted by LB 230 of 2025, and the sections that set its rules became operative on July 1, 2025. LB 901 of 2026 (approved April 7, 2026) amended it; its kratom sections became operative on July 18, 2026, and it added an excise tax levied from January 1, 2027. The Act defines which products may lawfully be sold, so the practical question in Nebraska is whether a given product is a registered, compliant kratom product.

What counts as a kratom product in Nebraska?

The Act's definitions in 71-3802 set the line between a lawful product and a prohibited one. "Kratom" means the plant Mitragyna speciosa and any part of it. A "kratom product" is defined this way:

(5) Kratom product means a food, ingredient, or dietary supplement that: (a) Consists of or contains kratom or kratom extract; (b) Does not contain any synthesized kratom alkaloids, other synthesized kratom constituents, or synthesized metabolites of any kratom constituent; (c) Does not contain a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the kratom product; and (d) Does not include any kratom product in any form that is combustible, is intended to be used for vaporization, or is injectable;

All four conditions must be met. A product that contains synthesized alkaloids, exceeds the 2 percent 7-OH limit, or comes in a combustible, vapor or injectable form is not a "kratom product" under the Act, and the adulteration rule below then bars its sale.

What kratom products are prohibited in Nebraska?

Section 71-3809 prohibits selling an adulterated kratom product and defines when a product is adulterated:

(2) A product shall be deemed adulterated if: (a) It contains any kratom alkaloid or metabolite, including 7-hydroxymitragynine, and does not meet the definition of a kratom product under section 71-3802; or (b) The kratom product is combined with a dangerous nonkratom substance that contains a poisonous or otherwise deleterious nonkratom ingredient, including, but not limited to, any substance listed as a controlled substance under the laws of this state or federal law.

Section 71-3809, as amended by LB 901 (operative July 18, 2026), also lets the Department of Revenue require a seller to obtain an independent third-party test when the Department has "a reasonable belief that a product may be an adulterated kratom product," and provides that "A person shall not sell, provide, or distribute any product undergoing such testing until the test results verify that such product is not adulterated."

Two more product rules apply. Section 71-3804 provides: "No person shall produce, manufacture, distribute, offer for sale, sell, or introduce into commerce a kratom product in the State of Nebraska if the product is manufactured in a manner that is attractive to children." Section 71-3805 requires a kratom product sold in Nebraska to be manufactured, packaged, labeled or held in a facility that meets the federal good manufacturing practice rules in 21 C.F.R. part 111, as they existed on January 1, 2025, and to be handled by a processor registered with the federal Food and Drug Administration as a food facility.

Reports that Nebraska "banned 7-OH" go further than the text. 7-OH is not listed by name in any Nebraska schedule; the Act sets a 2 percent cap on 7-OH in the alkaloid fraction of a product offered for sale and bars synthesized kratom alkaloids.

Is there an age limit for kratom in Nebraska?

Yes, for sales. Section 71-3803 provides:

(1) No person shall sell, offer for sale, provide, or distribute a kratom product to a person under twenty-one years of age. (2) An online retailer or marketplace that sells or offers for sale a kratom product shall implement an age-verification system to ensure compliance with this section.

The rule is written for anyone who sells, provides or distributes a kratom product. The Act does not make it an offense for a person under 21 to possess kratom.

What must a kratom label in Nebraska say?

Section 71-3806 lists what the retail label must carry. The required statements include that "The product is not recommended for use by individuals who are under twenty-one years of age, who are pregnant, or who are breastfeeding," that "A health care practitioner should be consulted prior to using the product," that "The product may be habit-forming," and the federal statement that the product's statements "have not been evaluated by the Food and Drug Administration" and that it "is not intended to diagnose, treat, cure, or prevent any disease." The label must also list the kratom alkaloids mitragynine and 7-OH and the product's other ingredients, with a quantitative declaration of the amount of mitragynine.

Do kratom products have to be registered in Nebraska?

Yes. Section 71-3807 requires the Department of Revenue to run a registration program for kratom products:

(1) The department shall establish, operate, and administer a program to register kratom products. The Tax Commissioner shall designate an implementation date for such program which date is on or before January 1, 2026. (2) Beginning on the implementation date designated by the Tax Commissioner pursuant to subsection (1) of this section: (a) No processor may manufacture, package, label, or distribute a kratom product to be offered for sale in the State of Nebraska unless the product has been registered with the department;

The Department of Revenue's Kratom Products Guidance and Penalty Schedule, dated December 19, 2025, states: "The DOR will begin enforcement of the Kratom Directory on January 1, 2026." It adds that "Kratom products not listed on the Kratom Directory discovered during retail inspections are subject to a civil penalty up to $20,000." For products not on the directory that are discovered from April 1, 2026, the schedule sets $500 plus $100 for each additional item offered for sale (capped at $1,000) for a first incident, $1,000 plus $100 per additional item (capped at $5,000) for a second, and $5,000 plus $100 per additional item (capped at $20,000) for a third, with a three-year Nebraska sales ban for a processor; incidents are counted within a four-year time frame. The guidance describes itself as advisory but binding on the Department until amended. The Department's kratom information page links the directory.

What are the penalties under Nebraska's kratom law?

The Act's own penalties are civil. The Department of Revenue imposes them, and no violation may be found until notice has been given and, if the processor or retailer requests one, a hearing has been held (71-3810(5), 71-3811). The amounts are set by 71-3810(2):

(2) For the first violation, the department shall impose a civil penalty of up to one thousand dollars. For the second violation, the department shall impose a civil penalty of up to five thousand dollars. For a third violation and any subsequent violations, the department shall impose a civil penalty of at least five thousand dollars and no more than twenty thousand dollars and, if the violator is a processor, the department shall prohibit the sale of any kratom products of such processor within the State of Nebraska for a period of three years.

A processor or retailer with no violation for four consecutive years starts again at a first violation (71-3810(4)). A retailer is not in violation if it shows by a preponderance of the evidence that it relied in good faith on a processor's representation that a product was not adulterated or otherwise conformed to the Act (71-3810(6)). Since July 18, 2026, when a processor sells or distributes an adulterated kratom product in Nebraska, the Department must also remove the product from its list of registered kratom products (71-3810(3), added by LB 901).

The Attorney General has authority to enforce the Act under the Consumer Protection Act and the Uniform Deceptive Trade Practices Act, and 71-3812 provides that the Act does not create a private right of action. Under 71-3812(2), added by LB 901, a product adulterated with ingredients not shown on its label is also prima facie evidence of a Consumer Protection Act violation.

The Act assigns no criminal offense class, but a materially false statement in a registration application exposes the applicant to prosecution for perjury and to forfeiture of its registration (71-3813(2)), and a registered processor convicted by a court of violating the Act may also forfeit its registration (71-3813(1)). The Act sets no penalty for a buyer or for a person who possesses a kratom product.

Kratom tax in Nebraska

LB 901 added an excise tax, codified at 71-3816:

(1) Beginning January 1, 2027, an excise tax shall be levied on the retail sale of kratom products to consumers. The tax shall be at a rate of ten percent of the retail purchase price.

The tax is in addition to other taxes. A separate excise-tax bill, LB 873, was indefinitely postponed on April 17, 2026 after its provisions were amended into LB 901.

Can Nebraska cities or counties regulate kratom?

Not beyond the Act. Section 71-3814 provides: "Except as otherwise provided in the Kratom Consumer Protection Act, no political subdivision shall impose additional restrictions on the manufacturing, packaging, labeling, distribution, or sale of kratom products greater than or in addition to those enumerated in the act."

Recent changes to Nebraska kratom law

The LB 431 bill history shows it was referred to the Judiciary Committee on January 22, 2025, carried over into 2026, and indefinitely postponed on April 17, 2026. The LB 901 bill page carries the 2026 amendments. The next regular session convenes in January 2027, when new kratom bills could be introduced.

Could Nebraska schedule 7-OH or other kratom compounds?

By amending the statute. Under 28-404, Nebraska's controlled substances are the drugs and substances listed in 28-405. Sections 28-402 to 28-411, which cover the schedules, registration and records, give no agency the power to add substances or to adopt federal scheduling orders; the Legislature changes the list by amending 28-405, as it did with LB 795 and LB 877 in 2026. The 2025-2026 Legislature had a kratom ban bill before it (LB 431) and did not pass it.

The three compounds in the federal temporary order of August 26, 2026 (mitragynine pseudoindoxyl, MGM-15 and MGM-16) are not listed in 28-405. No published Nebraska appellate decision has addressed whether one of them could be treated as a controlled substance analogue under 28-401(31). The Act does not list compounds. It defines "synthesized" as "an alkaloid or alkaloid derivative that has been created, in full or in part, by directed chemical, physical, or biosynthetic conversion" (71-3802(8)), and a product containing a synthesized kratom alkaloid is not a "kratom product" under 71-3802(5)(b) and is treated as adulterated, so it may not be sold (71-3809). The Department of Revenue's December 2025 guidance does not apply that definition to the three federally scheduled compounds; how it applies to a particular product would be a question for the Department and, if contested, the courts.

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 1308.11. A DEA temporary order placed three semi-synthetic 7-OH-related compounds, mitragynine pseudoindoxyl, MGM-15 and MGM-16, in federal Schedule I effective August 26, 2026 (91 FR 54948); federal Schedule I controls, including on possession, apply to those three compounds in Nebraska while it is in effect. The DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document, according to the DEA's October 2026 notice. In its place, the DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication 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. 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". Neither notice is an order, and the DEA says neither new order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires (a temporary order expires after two years unless extended by up to one year) 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, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events. Our kratom laws by state hub covers the federal layer in more detail.

Driving

Nebraska's impaired-driving statute, 60-6,196(1)(a), makes it unlawful to operate or be in the actual physical control of a motor vehicle "While under the influence of alcoholic liquor or of any drug." The clause is written as "any drug" rather than as a list of controlled substances; whether a driver was under the influence in a particular case turns on the facts. See our guide to Nebraska DUI laws.

Related

• Kratom laws by state
• Nebraska DUI laws
• Nebraska expungement laws
• Nebraska psilocybin mushroom laws
• Colorado kratom laws
• Kansas kratom laws

This article provides general legal information about Nebraska state law as of October 11, 2026. It is not legal advice. The statutes are quoted from the Nebraska Legislature's current online text, which reflects the 2026 amendments in LB 901, LB 795 and LB 877. The Department of Revenue's December 2025 guidance may be updated, and the Legislature can amend the schedules or the Act in any session. For advice about a specific situation, contact a lawyer licensed in Nebraska or the Nebraska Department of Revenue.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Nebraska?

Kratom, mitragynine and 7-OH are not listed in Nebraska's controlled substance schedules (Neb. Rev. Stat. 28-405). Sales are regulated by the Kratom Consumer Protection Act (71-3801 to 71-3816): buyers must be 21 or older, and products must be registered with the Department of Revenue and meet the Act's definition of a kratom product.

What is the kratom age limit in Nebraska?

21. Under Neb. Rev. Stat. 71-3803, no person may sell, offer for sale, provide or distribute a kratom product to a person under 21, and online sellers must implement an age-verification system.

Is 7-OH illegal in Nebraska?

7-OH is not listed by name in Nebraska's controlled substance schedules, although a concentrated or semi-synthetic 7-OH product could be treated as a controlled substance analogue if it met the definition in 28-401(31). A product with 7-OH above 2 percent of its alkaloid composition, or with any synthesized kratom alkaloid, does not meet the Act's definition of a kratom product and is treated as adulterated, so it may not be sold (71-3802(5), 71-3809).

Do kratom products have to be registered in Nebraska?

Yes. Under Neb. Rev. Stat. 71-3807, a processor may not manufacture, package, label or distribute a kratom product to be offered for sale in Nebraska unless the product is registered with the Department of Revenue. The Department's December 19, 2025 guidance set January 1, 2026 as the start of enforcement of its Kratom Directory.

What is the penalty for selling unregistered or noncompliant kratom in Nebraska?

The Department of Revenue imposes civil penalties under 71-3810: up to $1,000 for a first violation, up to $5,000 for a second, and $5,000 to $20,000 for a third or later violation, plus a three-year ban on a processor's kratom products.

Is there a kratom tax in Nebraska?

Beginning January 1, 2027, a 10 percent excise tax applies to the retail sale of kratom products to consumers, in addition to other taxes (Neb. Rev. Stat. 71-3816, added by LB 901 of 2026).

Can a Nebraska city ban kratom?

Section 71-3814 bars political subdivisions from imposing restrictions on the manufacturing, packaging, labeling, distribution or sale of kratom products greater than or in addition to those in the Act, except as the Act provides.