Is Kratom Legal in Rhode Island? Age 21 Rule (2026 Law)

Kratom is not a controlled substance in Rhode Island. Since April 1, 2026, it has been a licensed, age-restricted and taxed product under the Rhode Island Kratom Act, R.I. Gen. Laws ch. 21-28.12, created by P.L. 2025, ch. 446 and ch. 447, which also bar the state's director of health from placing mitragynine or 7-hydroxymitragynine (7-OH) in schedule I. Sale to anyone under 21 is prohibited, products must stay behind the counter, and products over the Act's 7-OH limits or containing synthetic alkaloids are contraband. 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 Rhode Island state law on kratom: the Rhode Island Kratom Act (R.I. Gen. Laws ch. 21-28.12), the related sales sections of chapter 11-9 (11-9-13, 11-9-13.8, 11-9-13.13 and 11-9-13.21 to 11-9-13.23), the kratom tax chapter (44-20.3-2, 44-20.3-7 and 44-20.3-9), the scheduling provisions of the Uniform Controlled Substances Act (21-28-2.01 and 21-28-2.03, with a note on the repealed 21-28-2.08) and the impaired-driving statute (31-27-2), with one paragraph on federal law. It does not cover city or town ordinances, Department of Health or Division of Taxation rules and guidance, employer or school policies, federal property or other states' laws.

Is kratom legal in Rhode Island?

Rhode Island regulates kratom; it does not schedule it as a drug. Two companion acts, H 5565 Sub A and S 0792 Sub A, were enacted on July 2, 2025 as P.L. 2025, ch. 446 and ch. 447. Each ends: "This act shall take effect on April 1, 2026." Section 1 of each act created Chapter 21-28.12, the Rhode Island Kratom Act.

Section 2 of each act amended 21-28-2.03, the section that tells the director of health when to place a substance in schedule I, by adding a new subsection:

(b) Notwithstanding the provisions of subsection (a) of this section, the director shall have no authority to place or maintain mitragynine and 7-hydroxymitragynine in schedule I.

Rhode Island no longer lists its drug schedules in the General Laws. Section 21-28-2.08, the old statutory schedule, was repealed effective February 1, 2025 (P.L. 2024, ch. 390 and ch. 391, section 2). Since then, 21-28-2.01(a)(1) provides that the director of health "shall control all substances enumerated in the most current version of Title 21 of the Code of Federal Regulations (C.F.R.)." Kratom leaf, mitragynine and 7-hydroxymitragynine are not listed in the federal schedules (21 CFR 1308.11, October 6, 2026 version).

The Act does not state in terms what an adult may possess. It states what may not be prepared, sold, possessed or advertised, who may sell, to whom, and how. Those rules are below.

What Rhode Island's kratom law covers

The Act's definitions in 21-28.12-2 apply "As used in this chapter":

(5) "Kratom" means any part of the leaf of the plant mitragyna speciosa. ... (7) "Kratom product" means a product containing any part or extract of the leaf of the plant mitragyna speciosa or an extract thereof including concentrated forms of kratom and products composed of kratom and other ingredients.

The "department" in the Act is the Rhode Island Department of Health (21-28.12-2(2)), which licenses sellers and enforces the chapter.

What is the kratom age limit in Rhode Island?

The age limit is 21. Section 21-28.12-4 provides:

(a) No person or entity shall distribute, sell, transfer, or advertise a kratom product to a person under twenty-one (21) years. (b) All kratom products shall be kept behind the sales counter only accessible to store employees. (c) The sale or distribution of kratom or kratom products to individuals under the age of twenty-one (21) is prohibited. (d) Valid photo identification for proof of age is required for all kratom and kratom product purchases.

The ID rule in subsection (d) applies to every purchase, not only to buyers who look young.

A separate section, 11-9-13.22, bars giving out free kratom, or coupons or vouchers for free or discounted kratom, to anyone under 21. Within 500 feet of any school the ban applies "regardless of the age of the individual." A violation carries a fine of $500 per separate offense.

Where kratom can be sold in Rhode Island

Only licensed businesses may sell kratom, and only from a fixed store. Section 11-9-13.23 provides:

Kratom and kratom products shall only be sold at retail at the fixed location for which a person holds a kratom retailer license issued by the department of health. Delivery of kratom and kratom products to retail purchasers is prohibited.

Under 21-28.12-6, every manufacturer, importer, distributor and retailer needs a license from the Department of Health, and licensed retailers must buy from licensed suppliers (21-28.12-3(b)). From April 1, 2026 until December 31, 2027, the initial application fee is $2,000 for a manufacturer's, importer's or distributor's license and $1,000 for a retailer's license. From January 1, 2028, the director sets the fees by rule.

The Department of Health summarized the regime in a May 13, 2026 release:

As of April 1, 2026, licenses are required to sell, manufacture, distribute, or import Kratom in Rhode Island. Additionally, products cannot be sold to people younger than 21 years old, products must be kept behind sales counters and only accessible to store employees, and products must meet certain labeling and packaging requirements.

The same release adds that "Individuals or businesses that sell or convey kratom without a license can be fined by RIDOH." The Department's licensing information is on its Kratom Licensing page.

Is 7-OH illegal in Rhode Island?

7-hydroxymitragynine is not a scheduled drug in Rhode Island, and the 2025 acts bar the director of health from placing or maintaining it in schedule I. The Kratom Act instead limits how much 7-OH a product may contain and bans synthetic 7-OH. Section 21-28.12-3(a) begins: "A person shall not prepare, distribute, sell, possess, or advertise any of the following." The list includes:

(5) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant. ... (10) A kratom product that contains a concentration ratio that is: (i) Greater than 150 mg of mitragynine per serving; (ii) Greater than 0.5 mg 7-hydroxymitragynine per gram; or (iii) Greater than 1 mg 7-hydroxymitragynine per serving. (11) A kratom product that contains more than one percent of 7-hydroxymitragynine by percentage of total kratom alkaloids.

Subsection (a) also bars kratom in conventional food or beverages; products with poisonous substances, residual solvents above the USP 467 limits or heavy metals (arsenic, cadmium, lead, mercury) above set limits; products in a form meant to be burned, vaporized or injected; products that look like candy or appeal to people under 21; products without child-resistant packaging; and products that do not meet the Act's labeling requirements. Under 21-28.12-3(c), "All kratom and kratom products that do not comply with subsection (a) of this section shall be deemed contraband."

Because subsection (a) uses the word "possess" and is written to "a person," it reaches anyone who possesses a listed product, not only sellers. A compliant kratom product held by an adult is not on that list.

Penalties for violating the Rhode Island Kratom Act

The Kratom Act's own penalties are fines, license action and seizure, imposed by the Department of Health. Its penalty sections (21-28.12-5, -5.1, -5.3, -7 and -8) set no jail term and no criminal offense class, with one cross-reference to the criminal drug law noted at the end of this section. The same 2025 acts added two other sets of penalties: court fines and license suspensions under the under-21 sales law in chapter 11-9, and misdemeanor and felony penalties in the kratom tax chapter, 44-20.3.

The first rows rest on 21-28.12-5(a):

(a) A person or entity that violates § 21-28.12-3 or § 21-28.12-4 may be subject to the suspension or revocation of its license pursuant to § 21-28.12-9 by the department and shall be subject to a fine by the department of not more than one thousand dollars ($1,000) for the first offense and not more than two thousand dollars ($2,000) for a second offense. Upon a third violation, the license of the retailer shall be revoked by the department, and the retailer shall be prohibited from selling kratom or kratom products.

Under 21-28.12-9, the Department may also suspend or revoke a license for failure to comply with "any provision of any other law or ordinance relative to the sale or purchase of kratom or kratom products." Section 21-28.12-5.2 separately bars anyone from selling, offering, displaying or possessing with intent to sell contraband kratom products "without written record of the payment of tax imposed by this chapter."

Seizure is the other enforcement tool. Under 21-28.12-5.1(a), kratom products held for sale or distribution in violation of the chapter are contraband goods that may be seized by the Department, or by a sheriff, deputy or police officer when directed by the Department, "without a warrant," and "All contraband goods seized by the state under this chapter shall be destroyed."

Under-21 sales law. Section 3 of the same 2025 acts added kratom to Rhode Island's under-21 tobacco sales law in chapter 11-9. Section 11-9-13 bars any person from selling, giving or delivering kratom or kratom products to anyone under 21. Under 11-9-13.8, a license holder, or its employee or agent, may not sell, distribute or deliver kratom "(1) To any individual who is under twenty-one (21) years of age; or (2) In any form other than an original, factory-wrapped package as sealed and certified by the manufacturer." Section 11-9-13.13(e) provides that no person shall sell kratom and kratom products "at retail without first being trained in the legal sale of" them, and 11-9-13.21 requires a posted sign, in English and Spanish, stating that sale to anyone under 21 is against Rhode Island law. The online General Laws pages for 11-9-13, 11-9-13.8 and 11-9-13.13 do not yet show the kratom text, which is quoted here from P.L. 2025, ch. 446 and ch. 447, section 3.

Kratom tax crimes. The kratom tax chapter, enacted by section 5 of the same acts, does carry prison terms. Under 44-20.3-9, a person who "orders any kratom products for another; or pools orders for kratom or kratom products from any persons; or conspires with others for pooling orders; or receives in this state any shipment of contraband kratom products on which the tax imposed by this chapter has not been paid, for the purpose and intention of violating the provisions of this chapter or to avoid payment of the tax imposed in this chapter, is guilty of a felony." The penalty is a fine of $100,000 or five times the retail value of the products, whichever is greater, up to 15 years in prison, or both. Under 44-20.3-7, tax-report and record violations are a misdemeanor for a first offense (up to 1 year, a fine of up to $5,000, or both) and a felony for each later offense (up to 5 years, a fine of up to $10,000, or both). Because delivery to retail buyers is prohibited (11-9-13.23), ordering kratom into Rhode Island for other people or receiving an untaxed shipment carries real risk under 44-20.3-9 when it is done for the purpose the section names.

One provision reaches the criminal drug law. Under 21-28.12-5(d), adulterating a kratom product with a substance listed in 21-28-2.08 brings the Act's penalties "as well as" those in 21-28-4.01, the state's criminal penalty section for controlled substances. Section 21-28-2.08 was repealed in 2025, and the state schedules are now those adopted under 21-28-2.01; the text of 21-28.12-5(d) does not say how its cross-reference applies after the repeal.

Kratom tax in Rhode Island

Kratom carries an excise tax. Section 44-20.3-2(a) provides that the tax "shall be at the rate of fifteen percent (15%) of the wholesale cost for all kratom and kratom products, whether or not sold at wholesale, and if not sold, then at the same rate upon the use by the wholesaler." Kratom and kratom products are also subject to sales tax (21-28.12-10(a)(1)).

Rhode Island kratom law changes, 2025 and 2026

Under 21-28.12-12, "The department has the authority to promulgate rules and regulations to fulfill the intent of this chapter." This page covers the statute; it does not describe any Department of Health kratom rule.

Would federal scheduling change Rhode Island law?

Rhode Island's controlled-substance law has a federal-adoption clause. Under 21-28-2.01(a)(1), the director of health "shall control all substances enumerated in the most current version of Title 21 of the Code of Federal Regulations (C.F.R.)," and subsection (c) provides:

(c) The director of the department of health shall reference the current version of Title 21 of the C.F.R. as the current list of substances designated, rescheduled, or deleted as a controlled substance for the state. If the director objects to inclusion, rescheduling, or deletion of any substance under the current federal law, or if the director adds or reschedules a controlled substance pursuant to the authority provided in this chapter, the director shall file that decision with the secretary of state and post exempted substances on the department of health website.

By its words, that clause points to the federal list, which since August 26, 2026 includes three semi-synthetic kratom-related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16). Read on its text, 21-28-2.01 makes those three compounds controlled substances under Rhode Island law unless the director of health objects and files that decision with the Secretary of State. No such filing for them appears among the Department of Health filings on the Secretary of State's rules site as of October 11, 2026. That is a reading of the statute's words, not a court ruling, and it does not rule out a filing made elsewhere or made later. Separately, the Kratom Act already bars any kratom product containing "any other synthetically derived compounds of the kratom plant" (21-28.12-3(a)(5)).

If the DEA schedules 7-OH, the statute text leaves an open question: 21-28-2.01 points the director to the federal list, while 21-28-2.03(b) says the director "shall have no authority to place or maintain mitragynine and 7-hydroxymitragynine in schedule I." The text does not say how the two would interact. A lawyer licensed in Rhode Island can address a specific situation.

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 1308.11. 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, including liver toxicity, seizures and substance use disorder. Our kratom laws by state hub covers the federal layer in more detail.

Driving after taking kratom in Rhode Island

Rhode Island's impaired-driving statute, 31-27-2(a), applies to anyone who drives "while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these," and under 31-27-2(b)(1) guilt may rest on evidence that the person was under the influence "to a degree that rendered the person incapable of safely operating a vehicle." The statute lists "drugs" separately from controlled substances. A separate sentencing tier in 31-27-2(d)(1)(i) covers a driver with "a blood presence of any scheduled controlled substance," and kratom is not scheduled in Rhode Island. See our guide to Rhode Island DUI laws. A DUI conviction is a criminal record; our guide to Rhode Island expungement laws explains how records can be cleared.

Related

• Kratom laws by state
• Rhode Island DUI laws
• Rhode Island expungement laws
• Rhode Island psilocybin mushroom laws

This article provides general legal information about Rhode Island state law as of October 11, 2026. It is not legal advice. Subsection (b) of 21-28-2.03 is quoted from the 2025 session laws (P.L. 2025, ch. 446 and 447, section 2), because the online General Laws page for 21-28-2.03 still shows only the earlier text. The kratom text of 11-9-13, 11-9-13.8 and 11-9-13.13 is quoted from section 3 of the same acts for the same reason. This page describes the law in force from April 1, 2026 and does not describe the rules that applied before that date. Federal action on 7-OH is pending. For advice about a specific situation, contact a lawyer licensed in Rhode Island or the Rhode Island Department of Health.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Rhode Island?

Kratom is not a controlled substance in Rhode Island. Since April 1, 2026, the Rhode Island Kratom Act (R.I. Gen. Laws ch. 21-28.12) allows licensed retailers to sell compliant kratom products to adults 21 and older, and it prohibits non-compliant products, which are contraband.

What is the kratom age limit in Rhode Island?

21. Under 21-28.12-4, no person or entity may distribute, sell, transfer or advertise a kratom product to a person under 21, and valid photo identification is required for all kratom purchases.

Is 7-OH legal in Rhode Island?

7-hydroxymitragynine is not in Rhode Island's schedules, and P.L. 2025, ch. 446 and 447 bar the director of health from placing it in schedule I. Under 21-28.12-3, a kratom product may not contain more than 0.5 mg of 7-OH per gram, more than 1 mg per serving, or more than 1 percent 7-OH of total kratom alkaloids, and synthetic 7-OH is prohibited.

Can kratom be delivered or sold online in Rhode Island?

Not to retail buyers. Under 11-9-13.23, kratom and kratom products may be sold at retail only at the fixed location covered by a kratom retailer license from the Department of Health, and delivery to retail purchasers is prohibited.

What is the penalty for selling kratom without a license in Rhode Island?

Under 21-28.12-8, a seller without a license is cited and fined $5,000 by the Department of Health. A licensee that violates the product or age rules faces fines of up to $1,000 and then $2,000, and its license is revoked on a third violation (21-28.12-5).

Is kratom taxed in Rhode Island?

Yes. Under 44-20.3-2, kratom and kratom products are taxed at 15 percent of the wholesale cost, and sales tax also applies (21-28.12-10).

Did Rhode Island ban kratom?

Rhode Island's current law regulates kratom rather than banning it. The Kratom Act took effect April 1, 2026, and the same acts bar the director of health from placing mitragynine and 7-hydroxymitragynine in schedule I.