Is Kratom Legal in Ohio? Leaf vs 7-OH Rules (2026 Law)

Natural kratom leaf is not a controlled substance in Ohio, but kratom's concentrated and synthetic alkaloids are. Ohio Board of Pharmacy rule 4729:9-1-01.1 places "mitragynine-related compounds," including 7-hydroxymitragynine (7-OH), in Schedule I while excluding mitragynine in vegetation form, including natural kratom leaf and ground natural kratom leaf; no Ohio statute sets a kratom age limit, and the Board treats extracts, tinctures and blended kratom products as not lawful to sell or possess. 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 Ohio state law on kratom: the Board of Pharmacy's Schedule I rule (Ohio Adm. Code 4729:9-1-01.1), the Board's October 5, 2026 consumer and retailer notice, the Department of Agriculture fact sheet on R.C. Chapter 3715, the drug offenses in R.C. Chapter 2925, the federal-adoption rules in R.C. 3719.41 and 3719.43 and pending House Bill 587 and Senate Bill 299, with one paragraph on federal law. It does not cover city or county ordinances, employer or school policies, military rules or other states' laws.

Is kratom legal in Ohio?

The answer depends on the form. Ohio does not schedule kratom leaf itself, but it does schedule the alkaloid compounds that can be extracted from or made out of it. The controlling law is a Board of Pharmacy rule, not a statute passed by the General Assembly.

Ohio Adm. Code 4729:9-1-01.1 reads in part:

"The following are classified as schedule I controlled substances: Mitragynine-related compounds, whether synthetic or naturally occurring substances contained in the plant, or in the resinous extractives of mitragyna speciosa (also known as kratom) and/or synthetic substances, derivatives, prodrugs, isomers, esters, ethers, salts and salts of isomers, esters and ethers with similar chemical structure. Mitragynine-related compounds include, but are not limited to, the following: 7-hydroxymitragynine; mitragynine pseudoindoxyl; dihydro-7-hydroxy mitragynine; and 7-acetoxymitragynine."

The rule then lists what the term does not include. Its exclusions cover FDA-approved drugs, compounds used in food under an FDA food-additive regulation or a "no questions" generally-recognized-as-safe response, FDA-approved over-the-counter drugs, and, in paragraph (D):

"(D) Mitragynine in vegetation form, including natural kratom leaf and ground natural kratom leaf, in accordance with Chapter 3715. of the Revised Code."

The leaf exclusion is conditional. It applies "in accordance with Chapter 3715," Ohio's Pure Food and Drug Act, which is why the sales rules below matter even for plain leaf. Ohio's general Schedule I rule, 4729:9-1-01, and the Schedule II through V rules (4729:9-1-02 through 4729:9-1-05) contain no entry for mitragynine or kratom; the kratom compounds appear only in the separate rule 4729:9-1-01.1.

When did Ohio schedule 7-OH?

The Board of Pharmacy first adopted the rule on an emergency basis, effective December 12, 2025, according to the Board's notice. A permanent version replaced it effective May 19, 2026, and that permanent rule is the text quoted above.

A separate proposal is in rulemaking. The Board's rule tracker, updated August 14, 2026, lists Ohio Adm. Code 4729:9-1-01.2, titled "Mitragynine," with the status "Filed with CSI," meaning it is at Ohio's Common Sense Initiative review of proposed rules. It is a proposed rule, not a rule in force, and the Board's October 5, 2026 notice still lists natural vegetative kratom as lawful to sell and possess.

The rule's list of named compounds "include, but are not limited to" four substances. A kratom-derived compound that is not named may still fall within the rule if it has a "similar chemical structure," but the rule does not list every such compound by name.

What kratom products can be sold in Ohio?

The Board of Pharmacy's "Consumer and Retailer Notice: Sale and Possession of Kratom in Ohio," revised October 5, 2026, sorts kratom products into categories and says it replaces all previous Board guidance. It is the Board's enforcement position under the rule, not a statute.

The notice ties the leaf and extract rows to the rule's May 19, 2026 effective date.

For blended products, the Board's notice cites Franklin County Common Pleas Court Case No. 26-CV-004790 next to the August 4, 2026 date. The notice does not describe the court's order, and the blended-product status on this page rests on the Board's own statement of its position.

The notice adds a condition that applies to everyone, including sellers of plain leaf:

"All entities that possess, manufacture, market or sell kratom or kratom products must comply with R.C. Chapter 3715, the Pure Food and Drug Act, regardless of whether the kratom product is a controlled substance or not."

The Ohio Department of Agriculture's kratom fact sheet, published on the Board's site, states the agency's reading of Chapter 3715:

"Currently, the only legal way to manufacture, warehouse, or sell natural Kratom is in its vegetation form (whole or dried leaf form, or in a powdered form). Natural Kratom is not permitted to be processed into, or marketed as, a food, drug, or dietary supplement (e.g., incorporated into a food or represented as any edible product.)"

According to the fact sheet, the Department of Agriculture relies on R.C. 3715.55 (adulterated drugs) and 3715.59 (adulterated food) in manufacturing and warehouse facilities, and local health departments rely on Ohio Adm. Code 3717-1-03.1 and 3717-1-03.2 at retail. Section 3715.55 gives the director of agriculture or the Board power to detain or embargo adulterated or misbranded articles. The fact sheet states an agency position, not the text of a statute.

Is there an age limit for kratom in Ohio?

No Ohio statute sets a minimum age for buying or possessing kratom, and the Schedule I rule sets none either. The only age limits proposed are in two pending bills, House Bill 587 and its Senate companion, Senate Bill 299; neither has passed.

House Bill 587: the Kratom Consumer Protection Act (pending)

H.B. 587 of the 136th General Assembly, sponsored by Representatives Odioso and Lorenz, was introduced in November 2025 and referred to the House Agriculture Committee. The legislature's bill page lists only the "As Introduced" version, and no floor vote or later version appears there. It is a bill, not law. Senate Bill 299, sponsored by Senator Blessing, is the Senate version with the same long title. It was introduced on October 21, 2025, referred to the Senate General Government Committee, and as introduced would also bar sales of kratom products to anyone under 18.

According to the Legislative Service Commission's analysis of the bill as introduced, it would, among other provisions:

• Prohibit food processing and retail food establishments from selling or distributing kratom products to individuals under 18.
• Bar a kratom product with "a level of 7-hydroxymitragynine that is greater than one milligram per serving in its final product form, as documented by a certificate of analysis on the finished product prior to distribution."
• Make a license holder who "recklessly violates the requirements regarding the content of a kratom product" guilty of a second-degree misdemeanor.

What are the penalties for 7-OH and other scheduled kratom compounds?

A mitragynine-related compound covered by 4729:9-1-01.1 is a Schedule I controlled substance, so Ohio's general drug offenses in R.C. Chapter 2925 apply to it the same way they apply to other Schedule I drugs. Natural leaf excluded by paragraph (D) is outside these offenses.

Possession. R.C. 2925.11(C)(1) makes possession of a Schedule I drug (other than marihuana, cocaine, LSD, heroin, fentanyl-related compounds, hashish and analogs) aggravated possession of drugs:

"(a) Except as otherwise provided in division (C)(1)(b), (c), (d), or (e) of this section, aggravated possession of drugs is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender."

Higher weight-based tiers in 2925.11 and 2925.03 turn on the "bulk amount" defined in R.C. 2925.01(D). That definition has separate paragraphs for Schedule I opiates, hallucinogens, stimulants and depressants, and its text does not say which paragraph applies to a mitragynine-related compound. Because of that, this page does not state a weight at which possession or trafficking of 7-OH moves above the base tier.

Sale and possession for sale. R.C. 2925.03(A) prohibits knowingly selling or offering to sell a controlled substance, and preparing it for shipment, shipping, transporting, delivering or distributing it when the offender knows or has reasonable cause to believe it is intended for sale or resale. For a Schedule I drug the offense is aggravated trafficking in drugs, which "is a felony of the fourth degree" at the base level. Under 2925.03(C)(1)(b), committing it in the vicinity of a school, a juvenile, or a substance addiction services provider or a recovering addict raises it to a felony of the third degree.

Manufacture. R.C. 2925.01(J) defines "manufacture" broadly, as to "plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same," including packaging, repackaging and labeling incident to production. Under R.C. 2925.04(C)(2), illegal manufacture of a Schedule I drug (other than methamphetamine or marihuana) "is a felony of the second degree," with a mandatory prison term.

Sentence ranges. R.C. 2929.14(A) sets the prison terms for these felony levels:

Whether a prison term is imposed at all for a fifth- or fourth-degree felony is governed by R.C. 2929.13, which the possession and trafficking sections cross-reference.

Does federal scheduling change Ohio law automatically?

For additions by Congress or the U.S. Attorney General, Ohio's statute says yes. R.C. 3719.43 provides that when a substance is added to a federal schedule, transferred or removed:

"then such addition, transfer, or removal is automatically effected in the corresponding schedule or schedules established by rule adopted under section 3719.41 of the Revised Code, subject to amendment pursuant to section 3719.44 of the Revised Code."

The DEA temporary order effective August 26, 2026 covers three compounds: mitragynine pseudoindoxyl, MGM-15 and MGM-16. Ohio's rule already names mitragynine pseudoindoxyl and dihydro-7-hydroxy mitragynine, which the Board's notice says is "sometimes referred to as MGM-15." MGM-16 is not named in 4729:9-1-01.1. R.C. 3719.43 applies when the U.S. Attorney General "adds" a substance to a federal schedule, and its text does not distinguish a temporary order from a permanent one. The August 26, 2026 order is codified in federal Schedule I at 21 CFR 1308.11(h), and R.C. 3719.41(B) directs the Board to update its schedules to correspond to any addition described in R.C. 3719.43. On its text, R.C. 3719.43 would treat MGM-16 as a Schedule I controlled substance in Ohio while the federal order is in effect. MGM-16, also known as 9-fluoro-dihydro-7-hydroxymitragynine, may also fall within the rule's coverage of mitragynine-related synthetic derivatives "with similar chemical structure." No Board rule or notice names MGM-16, so its status in Ohio rests on that reading of the statute and rule text. All three compounds are controlled under federal law while the order is in effect.

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. The 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 6, 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. Until a new order issues, 7-OH is not federally scheduled. 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. Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Ohio's OVI statute, R.C. 4511.19(A)(1)(a), prohibits operating a vehicle while "under the influence of alcohol, a drug of abuse, or a combination of them"; see our guide to Ohio DUI laws. A felony conviction for a Schedule I kratom compound creates a criminal record, and whether it can later be sealed is covered in our guide to Ohio expungement laws.

Related

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

This article provides general legal information about Ohio state law as of October 11, 2026. It is not legal advice. The Board of Pharmacy revises its kratom guidance often, and pending court cases and bills can change the rules. For advice about a specific situation, contact a lawyer licensed in Ohio or the Ohio Board of Pharmacy.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Ohio?

Natural kratom leaf, whole or ground, is excluded from Schedule I by Ohio Adm. Code 4729:9-1-01.1, so possessing it is not a drug offense. Kratom extracts, tinctures, kratom-derived synthetic products and (from August 4, 2026, per the Board of Pharmacy) blended products are treated as Schedule I.

Is 7-OH illegal in Ohio?

Yes. Ohio Adm. Code 4729:9-1-01.1 names 7-hydroxymitragynine as a Schedule I mitragynine-related compound, effective by emergency rule December 12, 2025 and by permanent rule May 19, 2026.

What is the age limit for kratom in Ohio?

No Ohio statute sets a minimum age for kratom. H.B. 587 and its Senate companion, S.B. 299, would bar sales to anyone under 18, but both are pending bills, not law.

Can Ohio stores sell kratom drinks or capsules?

The Board of Pharmacy notice revised October 5, 2026 lists blended kratom products (kratom mixed with other ingredients) as not lawful from August 4, 2026, and the Department of Agriculture fact sheet says natural kratom may not be processed into or marketed as a food, drug or dietary supplement.

What is the penalty for possessing 7-OH in Ohio?

Possessing a Schedule I compound such as 7-OH is aggravated possession of drugs under R.C. 2925.11, a fifth-degree felony at the base level, which carries a prison term of 6 to 12 months under R.C. 2929.14 if prison is imposed.

Is Ohio banning kratom leaf?

Not under the rule in force. A separate proposed Board rule, Ohio Adm. Code 4729:9-1-01.2, titled Mitragynine, is in rulemaking (listed as filed with the Common Sense Initiative on the Board rule tracker updated August 14, 2026), but it is not in effect. Ohio Adm. Code 4729:9-1-01.1 excludes natural kratom leaf and ground natural kratom leaf from Schedule I, and the Board notice revised October 5, 2026 lists natural vegetative kratom as lawful to sell and possess, subject to R.C. Chapter 3715.