Is Kratom Legal in New Mexico? (2026 Law)

Kratom is not listed in New Mexico's drug schedules, and New Mexico has no state law setting a minimum age for buying kratom or rules for how it is labeled or sold. New Mexico's Schedule I list in NMSA 1978, Section 30-31-6, and the Board of Pharmacy's schedule rule, 16.19.20 NMAC, contain no entry for kratom, mitragynine or 7-hydroxymitragynine (7-OH). Since December 18, 2025, however, the state Environment Department and Department of Health have said kratom may not be used in food or beverages at state-permitted food establishments, and the City of Albuquerque cites retail food permit holders who sell it. 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 Mexico state law on kratom: the Controlled Substances Act schedules (NMSA 1978, Section 30-31-6 and the other schedules in Sections 30-31-1 through 30-31-42), the Board of Pharmacy's schedule rule (16.19.20 NMAC), the federal-adoption rule in Section 30-31-3(C), the December 2025 food-establishment determination under the state food rule (7.6.2 NMAC), and the driving statute, with one local example (Albuquerque) and one paragraph on federal law. It does not cover other city or county ordinances, tribal law, employer or school policies, military rules or other states' laws.

Is kratom legal in New Mexico?

Kratom is not listed in New Mexico's drug schedules. Section 30-31-6 lists New Mexico's Schedule I controlled substances, and its list contains no entry for kratom, mitragynine or 7-hydroxymitragynine. The rest of the Controlled Substances Act (Sections 30-31-1 through 30-31-42), including Schedules II through V, contains no kratom or mitragynine entry either.

New Mexico's drug possession and distribution offenses in the Controlled Substances Act apply to scheduled controlled substances and also to a "controlled substance analog" (Sections 30-31-20, 30-31-22 and 30-31-23), which the Act defines in Section 30-31-2 to include a substance with a chemical structure substantially similar to a Schedule I to V substance or one specifically designed to produce substantially similar effects. Kratom leaf is not listed in any schedule, and no New Mexico court has decided whether a concentrated or semi-synthetic 7-OH product could be treated as an analog. That does not leave kratom unregulated everywhere: food businesses with state permits may not use it, and Albuquerque enforces a retail ban through its food permit rules. Both are covered below.

What New Mexico's drug schedules say about kratom

The Board of Pharmacy administers the state's drug schedules and can add to them by rule. Section 30-31-3(A) provides:

"The board shall administer the Controlled Substances Act and may add by regulation substances to the list of substances enumerated in Schedules I through IV pursuant to the procedures of the Uniform Licensing Act."

Substances the board adds by rule count as Schedule I under Section 30-31-6(G), which covers "controlled substances added to Schedule I by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978." The board's own Schedule I list, 16.19.20.65 NMAC (last amended June 13, 2023), names no kratom compound.

No age limit or sales rules for kratom

New Mexico has no kratom-specific statute. No section of the Controlled Substances Act sets a minimum age for kratom, requires kratom labels, licenses kratom sellers or caps the amount of 7-OH in a product. The New Mexico Department of Justice described the situation in a November 7, 2025 release:

"Currently, New Mexico has no regulations governing kratom-containing products"

The same release noted that "Kratom is not approved by the FDA as a drug product, dietary supplement or food additive." That statement came before the food-establishment determination described in the next section, which applies only to permitted food businesses and sets no age limit.

The Legislature's bill lists for the 2025 regular session, the two 2025 special sessions and the 2026 regular session contain no bill with kratom, mitragynine or 7-hydroxymitragynine in its title.

Kratom in food and drinks: the December 2025 determination

On December 18, 2025, the New Mexico Environment Department (NMED) and the New Mexico Department of Health issued a joint release titled "New Mexico prohibits kratom in food and beverages." It states:

"Kratom, an herbal supplement, may not be used in any food or beverage produced, prepared, or sold in state-permitted food establishments in New Mexico. The New Mexico Environment Department has determined that kratom is not an approved food ingredient; any food containing kratom will be considered adulterated under state food safety regulations."

The release also tells permitted facilities what to do and what can follow:

"All food facilities permitted by NMED must immediately cease the use of kratom in any food or beverage under the new guidance. Any remaining kratom must be promptly discarded. Facilities that continue to use kratom may face escalating enforcement actions, including criminal prosecution."

The release cites no rule number or statute. NMED's food rule, 7.6.2 NMAC (as amended effective October 1, 2026), gives "adulterated" the meaning it has in the New Mexico Food Act, and 7.6.2.11(B)(1) NMAC states that "No person shall sell or offer, or expose for sale, or have in possession with intent to sell, any processed and packaged food product that is adulterated or misbranded." Neither the rule nor its 2026 amendment names kratom. The kratom position is NMED's determination under those food safety rules, announced as guidance; it is not a new statute or a published rule amendment.

By its terms, the determination covers food and beverages produced, prepared or sold in state-permitted food establishments. It does not set an age limit or make it a crime for an individual to possess kratom. The release states no fine amount.

Albuquerque's kratom enforcement (local rule)

The City of Albuquerque enforces its own retail ban through its food permits. In an October 3, 2025 news item, the city's Environmental Health Department said:

"In July, the City of Albuquerque's Environmental Health Department notified retail food permit holders that it had been determined by the Federal Food and Drug Administration (FDA) that kratom is not recognized as safe for human consumption. As a result, it may not be sold at retail in accordance with City ordinance and FDA guidance."

The department added that "Retailers found to have kratom products are being issued citations and civil fines along with the embargo of product. The initial fine is $250, with fines increasing thereafter up to $1000 per offense." This rule comes from the city and applies to Albuquerque food permit holders; other New Mexico cities and counties may have their own rules, so check your local code.

Would federal scheduling change New Mexico law?

Not automatically. Section 30-31-3(C) gives the Board of Pharmacy a choice:

"If any substance is designated as a controlled substance under federal law and notice is given to the board, the board may, by regulation, similarly control the substance under the Controlled Substances Act after providing for a hearing pursuant to the Uniform Licensing Act."

A federal order therefore becomes New Mexico law only through a board rule. The DEA's temporary order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I took effect August 26, 2026, and the board's Schedule I rule, 16.19.20.65 NMAC as last amended June 13, 2023, does not list those compounds. The board has proposed amendments to its schedules (16.19.20.65 to 16.19.20.68 NMAC) for an October 22, 2026 hearing; the proposed text, noticed in the New Mexico Register on September 9, 2026, does not add kratom, mitragynine, 7-OH or the three DEA-ordered compounds. Kratom leaf, mitragynine and 7-OH are not in that federal order. New Mexico's research provision for Schedule I substances, Section 30-31-13(D), applies only to scheduled substances, so it has no bearing on kratom today.

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 (91 FR 54948). 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. Any federal order would reach New Mexico's schedules only through a Board of Pharmacy rule under Section 30-31-3(C). 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 after using kratom

New Mexico's DWI statute, Section 66-8-102(B), provides that "It is unlawful for a person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state." That standard turns on impairment, not on the presence of a drug, and a first conviction is punishable by up to 90 days in jail, a fine of up to $500, or both (Section 66-8-102(E)). See our guide to New Mexico DUI laws.

Related

• Kratom laws by state
• New Mexico DUI laws
• New Mexico psilocybin mushroom laws

This article provides general legal information about New Mexico state law as of October 11, 2026. It is not legal advice. Board of Pharmacy rules, agency determinations, federal scheduling actions and local ordinances can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in New Mexico, the New Mexico Environment Department or the New Mexico Board of Pharmacy.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in New Mexico?

Kratom is not listed in New Mexico's drug schedules: Section 30-31-6 and Board of Pharmacy rule 16.19.20 NMAC do not name kratom, mitragynine or 7-OH, and no state statute regulates kratom sales. Since December 2025, state agencies have barred kratom in food and beverages at state-permitted food establishments.

What is the age limit for kratom in New Mexico?

New Mexico has no statewide kratom age limit. The state Department of Justice said in November 2025 that New Mexico has no regulations governing kratom-containing products.

Is 7-OH illegal in New Mexico?

New Mexico's schedules do not list 7-hydroxymitragynine by name, though no New Mexico court has decided whether a 7-OH product could be treated as a controlled substance analog, which the Controlled Substances Act makes unlawful to possess or distribute. Federally, a DEA notice of intent to temporarily schedule 7-OH above a threshold is pending, and under Section 30-31-3(C) a federal order would reach New Mexico law only if the Board of Pharmacy adopts a rule.

Can New Mexico restaurants or cafes sell kratom drinks?

Not at state-permitted food establishments. The Environment Department and Department of Health said on December 18, 2025 that kratom may not be used in any food or beverage produced, prepared or sold in those establishments and that food containing it will be considered adulterated.

Is kratom banned in Albuquerque?

Albuquerque's Environmental Health Department says retail food permit holders may not sell kratom under city ordinance and FDA guidance, and it issues citations with fines starting at $250 and rising to up to $1,000 per offense. That is a city rule that applies in Albuquerque.

Can you get a DWI for kratom in New Mexico?

NMSA 1978, Section 66-8-102(B) makes it unlawful to drive while under the influence of any drug to a degree that renders the person incapable of safely driving. A first conviction is punishable by up to 90 days in jail, a fine of up to $500, or both.