Is Kratom Legal in Oregon? (2026 Law)

Kratom is not a controlled substance in Oregon, but selling it is regulated. The Board of Pharmacy's controlled substance schedules (OAR 855-080-0021 through 855-080-0026) contain no entry for kratom, mitragynine or 7-hydroxymitragynine (7-OH), and the Oregon Kratom Consumer Protection Act (ORS 475.392 to 475.404) bars retailers from selling kratom products to anyone under 21 and requires wholesale processors to register with the Department of Revenue. Both duties have applied since July 1, 2023. 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 Oregon state law on kratom: the Oregon Kratom Consumer Protection Act (ORS 475.392 to 475.404) and its enacting law (2022 Or. Laws ch. 41), the Department of Revenue's kratom rules (OAR 150-475-6010 to 150-475-6030), the Board of Pharmacy's controlled substance schedules (OAR 855-080-0021 to 855-080-0026) and how they follow federal scheduling (ORS 475.035), and the DUII definition of an intoxicant, with one paragraph on federal law. It does not cover city or county ordinances, tribal law, employer or school policies, military rules or other states' laws.

Is kratom legal in Oregon?

Kratom is not scheduled in Oregon. Oregon sets its controlled substance schedules by Board of Pharmacy rule. The Schedule I rule, OAR 855-080-0021, adopts the federal Schedule I list as it stood in a fixed edition and adds a state list:

"Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in 21 CFR 1308.11 (v. 04/01/2025), and unless specifically exempt or unless listed in another schedule, any quantity of the following substances ..."

The substances that follow are state additions such as 1,4-butanediol, methamphetamine, U-47700, W-18, substituted cathinones, synthetic-cannabinoid classes, fentanyl analogs and benzodiazepine classes. Kratom, mitragynine and 7-OH appear nowhere in that list or in the Schedule II through V rules (OAR 855-080-0022 to 855-080-0026), which incorporate the federal lists the same way. The latest amendment, BP 6-2026 (effective June 17, 2026), updated the incorporated federal edition to April 1, 2025 and added no substance.

What Oregon does have is a sales law. The Oregon Kratom Consumer Protection Act regulates who may sell kratom products and to whom. Its kratom sections are the only provisions in ORS chapter 475 that mention kratom or mitragynine.

What the Oregon Kratom Consumer Protection Act covers

The Act is ORS 475.394 to 475.404; ORS 475.392 gives it its short title. Its definitions in ORS 475.394 apply only to those sections:

"(1) 'Kratom product' means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa. (2) 'Processor' means a person that sells, distributes or exposes for sale kratom products on a wholesale basis to a retailer. (3) 'Retailer' means a person that sells, distributes or exposes for sale kratom products to individuals for personal consumption."

The Act is written around the leaf of the plant. It does not name mitragynine, 7-hydroxymitragynine or any other alkaloid, and it sets no 7-OH limit, no alkaloid-percentage cap and no labeling rule. The only product standard is the processor's certification that its products are third-party tested "to satisfy industry standards for adulteration" (ORS 475.404(1)(a)), which the Department of Revenue's testing rule fills in (see below).

Kratom age limit in Oregon

Oregon's kratom age limit is 21, and it is a rule for sellers. ORS 475.398 provides:

"(1) A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age. (2) A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation."

Under Oregon's general sentencing statutes, a Class C misdemeanor carries up to 30 days in jail (ORS 161.615(3)) and a fine of up to $1,250 (ORS 161.635(1)(c)). If the retailer is a corporation, the fine ceiling is $1,000 per conviction (ORS 161.655(1)(d)). Because the penalty applies "for each violation," each prohibited sale is a separate offense.

The section reaches retailers only. The Act contains no offense for a person under 21 who buys, possesses or uses a kratom product.

Processor registration and testing

A processor, the wholesale seller that supplies retailers, must register before selling. ORS 475.396(1) provides that "a processor may not sell, distribute or expose for sale a kratom product prior to registering with the Department of Revenue under ORS 475.404." ORS 475.404 directs the department to set up annual registration, including "a requirement that a processor certify that all of the kratom products the processor will sell, distribute or expose for sale are third-party tested to satisfy industry standards for adulteration."

The Department of Revenue's rules carry this out:

• Registration (OAR 150-475-6010). "Beginning on and after July 1, 2023, a kratom processor may not sell, distribute, or expose for sale kratom products on a wholesale or retail basis in the state of Oregon without first receiving a certificate of registration." Registration is renewed each year. The annual fee for registrations effective on or after July 1, 2023 is $460, and the department reviews the amount annually. The rule's wording ("wholesale or retail basis") is broader than the statute's definition of a processor as a wholesale seller to a retailer; each text says what it says.
• Testing (OAR 150-475-6020). A processor must ensure that at least 0.5 percent by volume of each batch is tested by a third party "to ensure the products do not contain dangerous non-kratom substances," covering microbiological contaminants, pesticides, solvents, heavy metals and mycotoxins under standards in OAR chapter 333, division 7. Test records must be kept for 3 years. The rule sets no mitragynine, 7-OH or other alkaloid limit.
• Penalties (OAR 150-475-6030). See the next section.

The Department of Revenue's kratom processor registration page is the official starting point for processors.

Kratom penalties in Oregon

The Act has two penalties, one criminal and one civil:

The statute sets ceilings ("not more than"). The Department of Revenue's rule states fixed amounts: "The department will issue a civil penalty of $500 for a kratom processor's first violation" and "$1,000 for a kratom processor's second and each subsequent violation" (OAR 150-475-6030(2)). Under the same rule, "each sales invoice or other document indicating a sale of kratom will be considered a separate incident," and a penalty assessment may be appealed as a contested case under ORS chapter 183 within 30 days of the date on the notice. The statute (ORS 475.396(3)) also makes the civil penalty appealable as a contested case.

The Act contains no felony tier, no repeat-offense criminal tier, no intent-to-defraud offense and no adulteration offense. Because kratom is not a controlled substance, Oregon's drug possession and delivery crimes in ORS chapter 475 do not apply to it. A retailer convicted of the Class C misdemeanor has a criminal record; our guide to Oregon expungement laws covers setting aside convictions.

When Oregon's kratom rules took effect

The Legislature enacted the Act in 2022 as House Bill 4010 (2022 Or. Laws ch. 41). The enrolled bill took effect on the 91st day after the 2022 regular session adjourned, but its operative sections started later:

"SECTION 8. (1) Sections 2 to 7 of this 2022 Act become operative on July 1, 2023."

Sections 2 to 7 are the definitions, the processor registration duty and its civil penalty, the under-21 retail ban and its Class C misdemeanor, the suspense account and the rulemaking section. So the age limit and the registration requirement both date from July 1, 2023. The Department of Revenue's three kratom rules were adopted under filing REV 10-2023 and took effect June 1, 2023. In the 2025 edition of the Oregon Revised Statutes, the Act's sections carry only their 2022 enactment credits, and neither the 2025 nor the 2026 legislative session enacted a kratom or 7-OH measure.

Would federal scheduling change Oregon law?

Federal scheduling ordinarily reaches Oregon's schedules through the Board of Pharmacy. ORS 475.005(6)(a) defines a controlled substance by reference to the federal schedules "as modified under ORS 475.035," and the Board's rule OAR 855-080-0020 adopts the federal schedules as of fixed versions "and as amended by the board pursuant to ORS 475.035." ORS 475.035(2) provides:

"(2) Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof."

Oregon's Schedule I rule incorporates the April 1, 2025 edition of the federal list ("21 CFR 1308.11 (v. 04/01/2025)"), and the Board ordinarily adds later federal entries by amending the rule. The DEA's temporary order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I took effect August 26, 2026, after that edition. None of the three compounds is named in an Oregon statute or in OAR 855-080-0021 as amended through June 17, 2026. Because ORS 475.005(6)(a) defines a controlled substance as a drug "classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035," the statute's text does not settle whether Oregon's drug offenses could reach a substance the federal government schedules after the rule's pinned edition before the Board acts, and no Oregon decision cited on this page answers that. Kratom leaf, mitragynine and 7-OH are not in that federal order.

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. 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

Oregon's DUII statute, ORS 813.010(1)(b), prohibits driving while "under the influence of an intoxicant," and ORS 801.321(6) defines an intoxicant to include "any drug, as defined in ORS 475.005," that "adversely affects a person's mental or physical faculties to a noticeable or perceptible degree." DUII is a Class A misdemeanor, or a Class C felony after three prior DUII convictions within 10 years (ORS 813.010(4), (5)). See our guide to Oregon DUI laws.

Related

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

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Oregon?

Kratom is not a controlled substance in Oregon; the Board of Pharmacy schedules (OAR 855-080-0021 to 855-080-0026) contain no kratom, mitragynine or 7-OH entry. Its sale is regulated by the Oregon Kratom Consumer Protection Act, ORS 475.392 to 475.404.

What is the kratom age limit in Oregon?

21. Under ORS 475.398 a retailer may not sell, distribute or expose for sale a kratom product to an individual under 21, and each violation is a Class C misdemeanor.

Is it illegal for someone under 21 to have kratom in Oregon?

The Act places the age rule on retailers. It contains no offense for a person under 21 who buys or possesses a kratom product.

Is 7-OH illegal in Oregon?

No Oregon statute or Board of Pharmacy schedule names 7-hydroxymitragynine, and the Kratom Act sets no 7-OH limit. Federally, a DEA notice of intent to temporarily schedule 7-OH above a threshold is pending; Oregon's Board of Pharmacy normally adds federal changes by amending its Schedule I rule, though ORS 475.005(6)(a) defines a controlled substance by reference to the federal schedules as modified under ORS 475.035.

Do kratom sellers need a license in Oregon?

Wholesale processors must register annually with the Department of Revenue (ORS 475.396 and 475.404; annual fee $460). The statute creates no separate license for retailers.

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

A Class C misdemeanor for each violation (ORS 475.398), punishable by up to 30 days in jail (ORS 161.615) and a fine of up to $1,250 (ORS 161.635), or a fine of up to $1,000 if the retailer is a corporation (ORS 161.655).

Can you get a DUII for kratom in Oregon?

Oregon's DUII law covers driving under the influence of an intoxicant, which ORS 801.321(6) defines to include any drug, as defined in ORS 475.005, that adversely affects mental or physical faculties to a noticeable or perceptible degree. DUII is a Class A misdemeanor, or a Class C felony after three prior DUII convictions within 10 years (ORS 813.010(4), (5)).