Is Kratom Legal in Pennsylvania? (2026 Law)

Kratom is not a controlled substance in Pennsylvania. Neither Schedule I of the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. 780-104) nor the Department of Health's schedule list at 28 Pa. Code 25.72 contains an entry for kratom, mitragynine or 7-hydroxymitragynine (7-OH), and no Pennsylvania statute or regulation in force sets a minimum age, a label rule or a 7-OH limit for kratom products. The House passed a kratom regulation bill, HB 2657, by a 202-0 vote on October 5, 2026, but the Senate has not acted on it and it is not 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 Pennsylvania state law: the Controlled Substance, Drug, Device and Cosmetic Act (Act 64 of 1972, 35 P.S. 780-101 et seq.), the Department of Health's controlled substance schedules at 28 Pa. Code 25.72, the Health Secretary's scheduling powers, and the kratom bills of the 2025-2026 General Assembly, with one paragraph on federal law. It does not cover city, county or township ordinances, employer or school policies, military rules, or other states' laws.

Is kratom legal in Pennsylvania?

Pennsylvania does not schedule kratom or any kratom alkaloid. Section 4 of the Controlled Substance, Drug, Device and Cosmetic Act (often called Act 64) sets out the state's Schedules I through V. Its Schedule I hallucinogen list names two mushroom compounds, psilocybin and psilocyn, but it has no entry for kratom, mitragynine or 7-OH.

The Department of Health keeps a parallel list of scheduled substances in 28 Pa. Code 25.72. That list also has no entry for kratom, mitragynine or 7-OH. The regulation was last amended effective July 11, 2015 (45 Pa.B. 3708), and the official Pennsylvania Code site reflects code changes effective through 56 Pa.B. 5370 (August 8, 2026).

No Pennsylvania statute or Department of Health regulation in force regulates kratom sales, sets an age limit for kratom, or schedules kratom, mitragynine or 7-OH. Every kratom-specific measure in the 2025-2026 session is still a bill, covered below. The one that has moved furthest, HB 2657, has passed the House only.

How Pennsylvania decides what goes in Schedule I

Pennsylvania's Schedule I is a list of named substances, and a substance that is not on any list is not a controlled substance under Act 64. The Department of Health's regulation states the findings the Secretary of Health makes before placing a substance in Schedule I:

"(b) Schedule I. In determining that a substance comes within this schedule, the Secretary will find: a high potential for abuse; no currently accepted medical use in the United States; and a lack of accepted safety for use under medical supervision." (28 Pa. Code 25.72(b))

The Secretary also has two faster routes. Section 3(c)(1) of the Act lets the Secretary reschedule a substance that is already controlled "to coincide with Federal law" by notice in the Pennsylvania Bulletin, but no kratom compound is on a Pennsylvania schedule, so the faster route for them is Section 3(d). It allows temporary scheduling of an unlisted substance for one year, extendable by up to one more year, when the Secretary finds it necessary to avoid an imminent hazard. For a substance already scheduled under federal law, the Secretary may schedule it temporarily without considering its history and pattern of abuse, the scope of abuse or the risk to public health, the findings otherwise required:

"(d) If the secretary finds that the scheduling of a substance on a temporary basis is necessary to avoid an imminent hazard to public safety, the secretary may, by publishing a final notice in the Pennsylvania Bulletin and without regard to the requirements of subsection (a), schedule a substance under one of the schedules in section 4 if the substance is not listed in any other schedule in section 4 or 28 Pa. Code ..." (35 P.S. 780-103(d))

Both routes require a published notice in the Pennsylvania Bulletin. That is why the Bulletin, not news coverage, is the place to watch for any change to kratom's status.

Is there an age limit for kratom in Pennsylvania?

No Pennsylvania statute or regulation in force sets a minimum age for buying or possessing kratom. Several bills would create one. HB 2657, which passed the House, would bar sales of kratom products to anyone under 21, and Senate Bill 233 would bar kratom sales to anyone younger than 21. Neither is law.

Is 7-OH legal in Pennsylvania?

7-hydroxymitragynine is not a controlled substance in Pennsylvania, and no state law in force caps the amount of 7-OH a kratom product may contain. The most recent push to change that came from two county district attorneys.

On August 31, 2026, the Bucks County and Chester County District Attorneys sent letters to Health Secretary Dr. Debra Bogen, according to a Bucks County announcement, urging the Department of Health "to immediately exercise its emergency powers to schedule 7-Hydroxymitragynine (7-OH) and related kratom derivatives as controlled substances under state law." The county's announcement says the DEA had temporarily scheduled three 7-OH-related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) on August 26, 2026, but not 7-OH itself, and that local law enforcement cannot enforce federal violations without a state criminal statute.

A county's letter is a request, not a state agency action, and no Department of Health notice scheduling 7-OH appeared in the Pennsylvania Bulletin issues published from August 15 through October 10, 2026. If the Secretary acts under Section 3(d), the change takes the form of a Bulletin notice.

What penalties would apply if kratom or 7-OH were scheduled?

Kratom and 7-OH are not on Pennsylvania's schedules, so the controlled-substance offenses in Section 13 of Act 64 do not reach them by name. Section 13(a)(36) separately prohibits the manufacture, distribution, possession with intent to distribute, or possession of a "designer drug": a substance other than a controlled substance that is intended for human consumption and either has a chemical structure substantially similar to a Schedule I, II or III substance or produces an effect substantially similar to one. A violation is a felony punishable by up to 15 years in prison, a $250,000 fine, or both (35 P.S. 780-113(l)). No Pennsylvania statute or court decision cited here applies that definition to kratom or 7-OH, but a prosecutor could argue that it reaches a concentrated or semi-synthetic 7-OH product. If a kratom compound were added to a schedule, the general penalties in 35 P.S. 780-113 would follow it.

Knowing possession of a controlled substance by a person not registered under the Act is prohibited by Section 13(a)(16) and is a misdemeanor punishable by up to one year in prison, a $5,000 fine, or both. Manufacture, delivery or possession with intent to deliver is Section 13(a)(30). For a Schedule I substance that is not a narcotic drug, Section 13(f)(2) sets the penalty:

"(2) Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both." (35 P.S. 780-113(f)(2))

The penalty for a scheduled substance depends on its schedule and on whether the Act treats it as a narcotic drug, so the exposure for any newly scheduled kratom compound would depend on how it was listed. Pending bills, not current law, contain the only kratom-specific penalties in Pennsylvania.

HB 2657: the Regulation and Oversight of Kratom Act (pending)

HB 2657, sponsored by Rep. Kosierowski, is the kratom bill that has moved furthest. It was referred to the House Health Committee on June 22, 2026, reported on September 29, re-committed to Appropriations on September 30, and re-reported and passed on third consideration on October 5, 2026, by a vote of 202-0. The official bill page shows the Senate has not yet reached that milestone, and the bill has no executive action.

The bill would become law only if the Senate passes it and it is enacted. As printed in Printer's Number 3980, it would:

• Require kratom processors and retailers to register with the Department of Health, for a fee of not more than $100, renewed each year.
• Bar processors and retailers from selling, providing or distributing a kratom product to a minor, which the bill defines as anyone under 21, and require retailers to use a transaction-scan device to check age.
• Require labels showing the processor's name and address, a lot or batch code, a statement that the Food and Drug Administration has not evaluated the product, and warnings, including that kratom may cause dependence and opioid-like withdrawal.
• Require child-resistant, resealable packaging.
• Define a "natural kratom product" as one that, among other requirements, contains kratom in natural form and "does not contain more than 0.05% 7-hydroxymitragynine on a dry weight basis."
• Prohibit the manufacture, delivery, sale or possession with intent to sell of synthetic or semi-synthetic kratom products.
• Impose a 12% tax on retail sales.

As printed, a person who knowingly or intentionally violates section 3(a), the bill's prohibition on synthetic and semi-synthetic kratom products, would commit a misdemeanor punishable by a fine of up to $15,000, up to five years in prison, or both. Violations of the bill's section 4 would carry a civil penalty of up to $10,000 for each offense, with each day a separate offense. The Attorney General, state or local law enforcement and local governments could enforce it, a local government could revoke licenses after a third or later violation, and a violation would also be an unfair trade practice.

As printed, the bill would put sections 3 through 6 into effect 180 days after enactment and the rest immediately.

Other kratom bills in the 2025-2026 session

Four other kratom bills were introduced in the 2025-2026 session. None has passed either chamber.

Senate Bill 899, as amended in Printer's Number 1319, would add a Schedule I entry for "any material, compound, mixture or preparation that contains 7-hydroxymitragynine in a concentration equal to or exceeding 2% of the total alkaloid content or 1 milligram per recommended serving size," along with synthetic, semi-synthetic or chemically manipulated forms of mitragynine, 7-OH and mitragynine pseudoindoxyl. The committee amendment replaced the bill's original proposal, a new offense for selling unsafe kratom products to a minor, with this Schedule I entry. The Senate laid it on the table under Senate Rule 9 on March 23, 2026.

Senate Bill 233, the Kratom Consumer Protection Act, describes itself as "An Act prohibiting the preparation, manufacture, sale or distribution of unsafe kratom products and the sale or distribution of kratom products to individuals younger than 21 years of age." Its official page lists only its referral to committee.

Federal kratom law and Pennsylvania

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 (91 FR 54948) placed three semi-synthetic 7-OH-related compounds, mitragynine pseudoindoxyl, MGM-15 and MGM-16, in federal Schedule I effective August 26, 2026. Two new DEA notices of intent, both filed for public inspection on October 9, 2026 and scheduled for publication in the Federal Register on October 14, 2026, would change that. The first (FR Doc. 2026-20943) would temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only when either one, or both combined, is above a threshold: more than 1 mg per gram for solid forms or 1 mg per milliliter for liquids, or a product in which the mass of mitragynine divided by the mass of those compounds is less than 100. That notice states that DEA is withdrawing its July 2026 notice of intent on 7-OH (91 FR 40917) in a separate document. The second (FR Doc. 2026-20942) would issue a new temporary order keeping MGM-15 and MGM-16 in Schedule I without change, for the technical purpose of separating them from mitragynine pseudoindoxyl. A notice of intent is not an order, and DEA says neither new temporary order will be issued before 30 days after the notices are published. The August 26, 2026 order remains in effect until it expires or the new temporary orders replace it, 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. Act 64's controlled-substance offenses apply to substances in Pennsylvania's own Schedules I through V, so the federal order creates a Pennsylvania controlled-substance offense only if the Secretary adds those compounds to the state schedules, and no Bulletin notice doing so appeared through October 10, 2026. The separate designer-drug offense described above does not depend on scheduling.

Driving after using kratom

Pennsylvania's controlled-substance DUI provision, 75 Pa.C.S. 3802(d), has a per se branch for any amount of a Schedule I substance, an unprescribed Schedule II or III substance, or a metabolite; kratom is not scheduled, so that branch does not name it. Section 3802(d)(2) separately prohibits driving while under the influence of a drug or combination of drugs to a degree that impairs the ability to drive safely. For the full impaired-driving rules, see our guide to Pennsylvania DUI laws.

Related

• Kratom laws by state
• Pennsylvania DUI laws
• Pennsylvania psilocybin mushroom laws

This article provides general legal information about Pennsylvania state law as of October 11, 2026. It is not legal advice. Pending bills and Department of Health actions can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in Pennsylvania or the Pennsylvania Department of Health.

Last updated: 2026-10-12.

Frequently Asked Questions

Is kratom legal in Pennsylvania?

Kratom is not a controlled substance in Pennsylvania: neither Act 64's schedules (35 P.S. 780-104) nor 28 Pa. Code 25.72 list kratom, mitragynine or 7-OH. No state statute or regulation in force regulates kratom sales.

What is the age limit to buy kratom in Pennsylvania?

No Pennsylvania statute or regulation in force sets a minimum age for kratom. HB 2657 would set a minimum age of 21 for kratom products if the Senate passes it and it is enacted.

Is 7-OH banned in Pennsylvania?

Not by name. 7-hydroxymitragynine is not scheduled in Pennsylvania, although the designer-drug offense in Section 13(a)(36) of the Act (35 P.S. 780-113(a)(36)) could be argued to reach a concentrated or semi-synthetic 7-OH product; no Pennsylvania court decision cited here addresses that. Two county district attorneys asked the Health Secretary on August 31, 2026 to schedule it under emergency powers, and no scheduling notice appeared in the Pennsylvania Bulletin through October 10, 2026.

Did Pennsylvania pass a kratom law in 2026?

The House passed HB 2657, the Regulation and Oversight of Kratom Act, 202-0 on October 5, 2026. The Senate has not acted on it, so it is not law as of October 11, 2026.

Can you be charged for possessing kratom in Pennsylvania?

The controlled-substance possession offense in 35 P.S. 780-113(a)(16) does not name kratom, which is not scheduled in Pennsylvania. Section 13(a)(36) separately covers designer drugs that produce effects substantially similar to a scheduled drug, and it is untested for 7-OH products. HB 2657 as printed would make the synthetic and semi-synthetic product ban a misdemeanor, but it is a pending bill.

Is kratom legal under federal law?

Kratom leaf, mitragynine and 7-OH are not in the federal schedules in the October 6, 2026 version of 21 CFR 1308. The FDA says kratom cannot be lawfully marketed as a dietary supplement, food additive or drug. DEA's two new notices of intent (FR Docs. 2026-20943 and 2026-20942), scheduled for Federal Register publication on October 14, 2026, would set a threshold for 7-OH and mitragynine pseudoindoxyl and keep MGM-15 and MGM-16 in Schedule I; the 7-OH notice states that DEA is withdrawing its July 2026 7-OH notice. A notice of intent is not an order.