Kratom LawsNew Hampshire Laws flagNew Hampshire Laws
New Hampshire flag

New Hampshire

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

Independently fact-checkedBy Recording Law Editorial Team14 min read

Independently fact-checked against primary sources (last audited October 12, 2026). · 21 primary sources cited on this page. How we verify our legal content

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

New Hampshire does not list kratom, mitragynine or 7-hydroxymitragynine (7-OH) as a controlled drug. Its Controlled Drug Act, RSA chapter 318-B, never names them, and the state's drug schedules follow the federal schedules under RSA 318-B:1-a, V, a mechanism the health department restates in its rule He-C 501.03, and the federal schedules do not list any of the three by itself; the chapter also sets no kratom age limit or sales rule. That is not a blanket clearance: the act also reaches any "controlled drug analog" (RSA 318-B:2, I), so a kratom-derived product could be charged as an analog of a scheduled compound if a court found it meets the chapter's terms.

The live change is federal. Three semi-synthetic 7-OH-related compounds entered federal Schedule I on August 26, 2026, and RSA 318-B:1-a, V is the route by which federal schedule changes reach New Hampshire law. Two 2026 bills to ban synthetic and semisynthetic kratom did not become law. 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 New Hampshire state law on kratom and its alkaloids: the Controlled Drug Act (RSA chapter 318-B), the DHHS rule He-C 501.03, which restates the chapter's federal-adoption mechanism, the drug-free school zone law (RSA 193-B:2), the 2026 bills SB 557 and HB 1423, and the impaired-driving offense in RSA 265-A:2, with one section on federal law. It reflects the official sources as of October 11, 2026. It does not cover city or town ordinances, New Hampshire titles outside those named (such as tobacco, liquor or consumer-protection law), other sentencing provisions that can add to a drug sentence, employer or school policies, military rules or other states' laws.

Is kratom a controlled drug in New Hampshire?

No New Hampshire list names it. New Hampshire does not print its drug schedules in the statute. RSA 318-B:1, VI defines controlled drugs as any drug or substance "which is scheduled pursuant to RSA 318-B:1-a," and that section gives the scheduling power to the commissioner of the Department of Health and Human Services (DHHS). Paragraph V of that section ties the state list to federal schedule changes (see below), and the commissioner's rule, He-C 501.03(a), restates the link:

"Substances that are designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner in accordance with RSA 318-B:1-a, V."

The federal schedules in 21 CFR 1308 do not list kratom leaf, mitragynine or 7-OH by itself; 7-OH appears only within the chemical names of MGM-15 ("dihydro-7-hydroxymitragynine") and MGM-16 ("9-fluoro-dihydro-7-hydroxymitragynine"), two of the three compounds in the August 2026 federal order. The Controlled Drug Act itself does not contain the words kratom or mitragynine anywhere in chapter 318-B. Its only hallucinogen definition, RSA 318-B:1, XIII, names "mescaline, peyote, psilocybin and d-lysergic acid diethylamide" as examples.

Not being listed does not settle every product. The act's core prohibition, RSA 318-B:2, I, makes it unlawful to "manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a controlled drug, except as authorized in this chapter." A chemically altered kratom product could be charged as a controlled drug analog if a court found it meets the chapter's terms for that word.

Does New Hampshire have a kratom age limit or sales rules?

Chapter 318-B has no section on kratom, so it sets no age limit, label requirement, vendor registration or 7-OH cap for kratom products. Rules for kratom could exist in other parts of New Hampshire law or in a city or town ordinance; those are outside this page.

New Hampshire kratom laws: kratom botany

How federal kratom scheduling reaches New Hampshire law

New Hampshire's list moves with the federal list. RSA 318-B:1-a, V provides:

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless, within that 30 day period, the commissioner objects to inclusion, rescheduling, or deletion."

If the commissioner objects, the statute requires the commissioner to "publish the reasons for objection," and control is stayed until the commissioner publishes a decision. The department's rule, He-C 501.03(b), restates the timing:

"If the commissioner does not object to the inclusion, rescheduling, or deletion of a substance under federal law within 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, such final order shall become immediately effective under RSA 318-B."

That matters now. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026, and the three compounds now appear in 21 CFR 1308.11(h). The statute and the rule speak of a "final order," and the DEA action is a temporary order; the statute does not say whether a federal temporary order counts as a final order. No notice of an objection appears in the New Hampshire Rulemaking Register through its October 8, 2026 issue. Where New Hampshire recognizes these compounds, they are schedule I controlled drugs under state law, and the penalties below apply to them. Leaf kratom and mitragynine are not among them.

Penalties if a kratom compound is scheduled

None of these penalties reaches kratom leaf or mitragynine as such, because neither is a scheduled drug in New Hampshire. They apply to a kratom-related compound only once it is a controlled drug (for example, by federal adoption under RSA 318-B:1-a, V), or to a product charged as a controlled drug analog. Under RSA 318-B:26:

ConductPenalty under RSA 318-B:26
Possessing any amount of a schedule I, II, III or IV drug not specifically covered elsewhere in the section (an unusable residual amount in or on a syringe or needle is treated separately, paragraph II(e))Class B felony; fine up to $25,000 notwithstanding RSA 651:2, IV(a) (paragraph II(a))
Same possession after a prior drug offenseClass A felony; fine up to $50,000 (paragraph II(a))
Manufacturing, selling or possessing with intent to sell any other schedule I to IV drugUp to 7 years, a fine up to $100,000, or both; up to 15 years and $200,000 after a prior offense (paragraph I(c))
The same conduct with one ounce or more of a schedule I or II substance, "including any adulterants or dilutants"Up to 20 years, a fine up to $300,000, or both; up to 40 years and $500,000 after a prior offense (paragraph I(b)(2))
An adult (18 or older) knowingly using, soliciting, directing, hiring or employing a person 17 or younger to manufacture, sell, transport or possess with intent to sell a controlled drug (RSA 318-B:2, XI)Up to 20 years, a fine up to $300,000, or both; up to 40 years and $500,000 after a prior offense (paragraph VII)
Acting as a drug enterprise leader (an organizer, supervisor, financier or manager of a for-profit scheme to manufacture, sell or transport a schedule I or II drug, RSA 318-B:2, XII)Mandatory minimum of 25 years, up to life, unless a negotiated plea or post-conviction agreement provides a lesser sentence; fine up to $500,000 or 5 times the street value, whichever is greater (paragraph VI)
Manufacturing, selling or possessing with intent to sell within 1,000 feet of a schoolUp to twice the otherwise authorized term or fine, with a mandatory minimum of not less than one year (paragraph V)
Any other violation of the chapter with no penalty in paragraphs I to IXClass B felony for a natural person (paragraph XI)

The school provision covers the real property of "a public or private elementary, secondary, or secondary vocational-technical school." Its minimum is mandatory: "Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced," except where the chapter provides a greater minimum. A separate law, RSA 193-B:2, makes it unlawful to "manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog, within a drug-free school zone at any time of the year."

Paragraph IX adds strict liability for a death. A person who "manufactures, sells, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof," in violation of RSA 318-B:2, "is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order."

A "prior offense" under RSA 318-B:27 is a previous misdemeanor- or felony-level conviction under the drug laws of the United States or any state, territory or the District of Columbia; a prior violation-level conviction does not count, except as RSA 318-B:2-c, V(a) provides.

The chapter has no separate cultivation offense. Producing a scheduled compound can be charged as manufacturing under RSA 318-B:2, I, as the chapter defines that term.

RSA 318-B:28-b, II gives a defense to a possession charge to a person who "in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose," and that person "shall not be arrested, prosecuted, or convicted" for possession "if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement." Paragraph III gives the same defense to the person experiencing the overdose: a person who "in good faith requests, or is the subject of a good faith request for medical assistance" also "shall not be arrested, prosecuted, or convicted" for possession "if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement." Both paragraphs also extend the defense to a good-faith, timely report of a violent crime.

A drug conviction creates a criminal record; see our guide to New Hampshire expungement and annulment.

Recent New Hampshire kratom bills (2026)

By the end of the session, the titles of two 2026 bills included the words "making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research." SB 557 was introduced as a bill "prohibiting the sale of kratom products to anyone under 21 years of age and providing for the regulation of the sale of kratom products" (Senate Journal 1, 2026). Neither became law on the record through June 2026.

New Hampshire kratom laws: labeling requirements

  • SB 557-FN. The official docket shows the House adopted a floor amendment 171-162 on May 14, 2026 and then passed the bill as amended, 176-157. On May 21, 2026 the Senate voted to nonconcur with the House amendment (Senate Journal 13), and the docket shows no later entry and no committee of conference.
  • HB 1423-FN. The Senate amended this bill, on improper influence, to add the same kratom title. A House message entered in the Senate Journal for the May 21, 2026 session (printed in the Senate Journal 14 file dated June 4, 2026) states that the House "refuses to concur with the Senate in its amendments," and the bill is not in that journal's list of bills before a committee of conference.

Because neither bill passed, neither has an effective date. A similar bill could be filed in a later session.

Federal kratom status in October 2026

As of the October 2026 text of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. The DEA temporary order covers only mitragynine pseudoindoxyl, MGM-15 and MGM-16, and it applies Schedule I controls, including on possession, to those three compounds. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold is being withdrawn in a separate document, according to 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, in which 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. 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 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

RSA 265-A:2, I(a) bars driving while "under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive," or any combination of them. The section's numeric limits in paragraph I(b) apply only to alcohol (0.08, or 0.02 under age 21); it has no any-amount or numeric limit for drugs, so impairment is the test. For testing and penalties, see our guide to New Hampshire DUI laws.

This article provides general legal information about New Hampshire law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire or the New Hampshire Department of Health and Human Services.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in New Hampshire?

New Hampshire does not list kratom leaf, mitragynine or 7-OH as a controlled drug: RSA chapter 318-B never names them, and the federal schedules that RSA 318-B:1-a, V follows do not list them by themselves. The chapter sets no kratom age limit or sales rule, though a product could still be charged as a controlled drug analog if a court found it meets the chapter's terms.

Is 7-OH banned in New Hampshire?

No New Hampshire statute or schedule names 7-hydroxymitragynine by itself, and the 2026 bills that would have banned synthetic and semisynthetic kratom (SB 557 and HB 1423) did not become law. It could still be treated as a controlled drug analog if a court found it meets the chapter's terms, and a pending federal DEA notice would, if an order follows, put 7-OH above a threshold in federal Schedule I.

What is the kratom age limit in New Hampshire?

The Controlled Drug Act, RSA chapter 318-B, sets no age limit for kratom. Rules in other parts of New Hampshire law or in a city or town ordinance are outside this page.

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

They have been in federal Schedule I since August 26, 2026 under a DEA temporary order, and federal Schedule I rules apply to them in New Hampshire. Under RSA 318-B:1-a, V, once notice of a federal designation is given to the DHHS commissioner, the commissioner controls the substance 30 days after a federal final order is published unless the commissioner objects within that period. The DEA action is a temporary order, and no notice of an objection appears in the New Hampshire Rulemaking Register through its October 8, 2026 issue.

Did New Hampshire pass a kratom ban in 2026?

Neither 2026 kratom ban bill became law. On May 21, 2026 the Senate voted not to concur with the House amendment to SB 557, with no later docket entry, and the House refused to concur with the Senate amendments to HB 1423, which carried the same ban language in its title.

Can I get a DUI on kratom in New Hampshire?

RSA 265-A:2, I(a) bars driving while under the influence of any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive. Impairment is the test for drugs; the section sets numeric limits only for alcohol.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. RSA chapter 318-B, Controlled Drug Act(gc.nh.gov).gov
  2. N.H. Admin. R. He-C 501.03, Scheduling of controlled substances(gc.nh.gov).gov
  3. RSA 318-B:2, Acts prohibited(gc.nh.gov).gov
  4. RSA 318-B:1, Definitions(gc.nh.gov).gov
  5. RSA 318-B:1-a, Scheduling by the commissioner(gc.nh.gov).gov
  6. DEA temporary order, mitragynine pseudoindoxyl, MGM-15 and MGM-16 (91 FR 54948)(federalregister.gov).gov
  7. 21 CFR 1308.11, Schedule I(ecfr.gov).gov
  8. RSA 318-B:26, Penalties(gc.nh.gov).gov
  9. RSA 193-B:2, Drug-free school zones(gc.nh.gov).gov
  10. RSA 318-B:27, Prior offenses(gc.nh.gov).gov
  11. RSA 318-B:28-b, Overdose medical assistance defense(gc.nh.gov).gov
  12. SB 557-FN (2026) bill status(gc.nh.gov).gov
  13. N.H. Senate Journal 13, May 21, 2026(gc.nh.gov).gov
  14. N.H. Senate Journal 14, June 4, 2026(gc.nh.gov).gov
  15. DEA notice of intent, 7-hydroxymitragynine (91 FR 40917)(govinfo.gov).gov
  16. DEA notice of intent, FR Doc. 2026-20943 (public inspection)(public-inspection.federalregister.gov).gov
  17. DEA notice of intent: MGM-15 and MGM-16 in Schedule I, FR Doc. 2026-20942 (public inspection Oct. 9, 2026)(public-inspection.federalregister.gov).gov
  18. FDA, FDA and Kratom(fda.gov).gov
  19. RSA 265-A:2, Driving or operating under the influence(gc.nh.gov).gov
  20. N.H. Senate Journal 1, January 7, 2026 (SB 557 introduction)(gc.nh.gov).gov
  21. N.H. Rulemaking Register, Vol. XLVI No. 40, October 8, 2026(gc.nh.gov).gov
Share: