Is Kratom Legal in Utah? (2026 Law: Pure Leaf Only, Age 21)

Kratom leaf and its main alkaloid, mitragynine, are not listed in Utah's controlled-substance schedules, but two kratom compounds are: 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl are Schedule I under Utah Code 58-37-108 (current version effective May 6, 2026), and only pure leaf kratom handled in compliance with the Kratom Regulation Act is exempt from the drug penalties for its 7-OH (58-37-406). Under that act (Title 4, Chapter 45, as amended by S.B. 45), processors and retailers may not sell kratom to anyone under 21, and retailers must register with the Utah Department of Agriculture and Food. Since May 6, 2026, anyone who sells kratom products also needs the Department's specialized product retailer license (Utah Code 4-45a-102). 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 Utah state law on kratom: the Kratom Regulation Act (Utah Code 4-45-102 to 4-45-108), the specialized product retailer license (4-45a-101 to 4-45a-104), the Department's kratom rules R66-50 to R66-53 as published in the Utah State Bulletin, the Schedule I entry and federal-adoption rule in the Controlled Substances Act (58-37-107, 58-37-108), the 7-OH exemption (58-37-406), the drug-offense sections that apply to scheduled kratom compounds (76-18-204, 76-18-207 to 76-18-210), the sentencing sections (76-3-203, 76-3-204, 76-3-301), the 2026 bills S.B. 45, H.B. 385 and S.B. 101, and Utah's impaired-driving statutes, with one paragraph on federal law. It does not cover city or county business licensing, employer or school policies, military rules or other states' laws.

Is kratom legal in Utah?

Utah regulates kratom as a product rather than banning the plant. The schedules in Utah Code 58-37-108 do not name kratom, Mitragyna speciosa or mitragynine. Utah's drug-offense sections also apply to a "controlled substance analog," a term this page does not apply to any kratom compound; the point here is only that the schedules do not list the leaf or mitragynine.

Two compounds found in kratom are a different matter. In its current version (effective May 6, 2026), Schedule I lists "the following substances commonly found in Mitragyna speciosa, including synthetic versions, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers": 7-hydroxymitragynine and mitragynine pseudoindoxyl (Utah Code 58-37-108(2)(a)(viii)).

The 2026 act that produced the current kratom rules also enacted an exemption for pure leaf kratom. Utah Code 58-37-406(2) provides:

"Notwithstanding any other provision of this chapter a person who possesses, manufacturers, or distributes pure leaf kratom is not subject to the penalties described in this title or Title 76, Chapter 18, Drug Offenses, for the possession, manufacture, or distribution of 7-hydroxymitragynine to the extent that the person's possession, manufacture, or distribution of the pure leaf kratom complies with Title 4, Chapter 45, Kratom Regulation Act."

("Manufacturers" is the statute's own spelling.) The exemption is conditional. It covers pure leaf kratom, and only to the extent the conduct complies with the Kratom Regulation Act. A product containing 7-OH that falls outside the exemption is treated under the rules for a Schedule I substance, covered in the penalties section below.

What counts as pure leaf kratom in Utah?

The definitions in Utah Code 4-45-102 drive everything else. A "kratom product" is "a product containing any part of a leaf of the plant Mitragyna speciosa," and a "kratom extract" is "a preparation containing any part of the Mitragyna speciosa plant in a concentrated form."

"Pure leaf kratom" is a kratom product that meets four conditions under 4-45-102(5):

• it "is identifiable as plant matter or is identifiable plant matter contained in an encapsulating agent";
• it is not mixed or packed with a nonkratom substance, unless that substance is an inert encapsulating agent that is made of food-grade or pharmaceutical-grade materials with no pharmacological activity, contains no psychoactive substances, stimulants or adulterants, and "serves solely to contain or deliver the plant matter";
• it "does not contain any kratom extract"; and
• it "does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product."

The 0.4% figure is a share of the product's total kratom alkaloids, which subsection (6) defines as "the total amount of all alkaloids derived from the Mitragyna speciosa plant." It is not a share of the product's weight.

Who may sell kratom in Utah, and to whom?

The Kratom Regulation Act is aimed at kratom processors and kratom retailers. Its main rules:

Age 21. Utah Code 4-45-105(1) provides that "a kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product to an individual under 21 years old." Under subsection (2), a violation is a class A misdemeanor "for each violation." The section is directed at sellers.

Registration. Under 4-45-104(4), a kratom processor must register as a food establishment and with the Department as a kratom processor, and a kratom retailer must register with the Department as a kratom retailer. The Department "may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004." The Department must set an administrative fine of up to $5,000 for a person who sells a kratom product without being registered as a processor or retailer.

Specialized product retailer license. Since May 6, 2026, a separate law, H.B. 385 (Specialized Product Sales Amendments, Laws 2026, chapter 420), has applied to anyone who sells kratom products. Utah Code 4-45a-102(1) provides that "a specialized product retailer may not sell a specialized product in the state unless the specialized product retailer obtains a license from the department," and a kratom product is a specialized product (4-45a-101(10)). The license term is one year, and "a person that operates a specialized product retailer without a current and valid license described in Subsection (1) is subject to a $50,000 civil fine" (4-45a-102(3), (5)).

Under 4-45a-104, a licensee must give the Department a product list, must notify the Department and file an updated list at least seven days before selling a specialized product not on it, and "may not sell a specialized product that is not on the product list provided to the department." Each product sold off the list carries a $1,000 fine. On top of the fine, a first violation brings a public reprimand on the Department's website, the second a 30-day license suspension, the third a 60-day suspension, the fourth a 90-day suspension, and the fifth revocation of the license.

Under 4-45a-103, an applicant must name each person with an ownership interest (10% or more for a publicly traded company) or the power to direct its management, and the Department "may not issue a license to an applicant" if any of them has been convicted under state or federal law of "(a) a felony in the preceding 10 years; (b) a crime involving a nicotine containing product; or (c) after December 3, 2018, a misdemeanor or felony for drug distribution."

Registered products only. Section 4-45-104(3) bars a processor or retailer from preparing, distributing, selling or offering for sale "a kratom product that is not registered with the department." Under 4-45-108, the Department sets a product registration fee, must set an administrative fine of up to $5,000 for selling an unregistered kratom product, and "may seize and destroy any unregistered kratom product offered for sale in this state."

Labels. Two label rules apply. Section 4-45-103 requires a processor to disclose on each product label "the factual basis upon which the kratom processor represents the product as a kratom product," with an administrative fine of up to $5,000 for a violation. Section 4-45-104(1) provides that a processor or retailer "may not prepare, possess, distribute, sell, or offer for sale a kratom product that: (a) is not pure leaf kratom; and (b) does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product." The two conditions in that subsection are joined by "and," and this page quotes the text as written rather than restating it.

Department rules and civil suits. Section 4-45-107 directs the Department to make rules, including standards for testing and accurate labeling of registered products. The Department's kratom program page lists administrative rules R66-50 (Kratom Retail Permit), R66-51 (Kratom Product Registration and Labeling), R66-52 (Kratom Product Testing) and R70-580 (Kratom Manufacturer Food Establishment Registration). R66-50, R66-51 and R66-52 were amended, and a new rule, R66-53 (Kratom Processors), was adopted, each effective July 2, 2026 (Utah State Bulletin, July 1, 2026). Under R66-50-3, as reprinted in the October 1, 2026 Utah State Bulletin, a kratom retailer permit "shall be obtained before a kratom product is offered for sale in Utah," and a person seeking one must register as a retail tobacco specialty business and obtain the specialized product retailer license under Title 4, Chapter 45a. R66-53, as published in the May 15, 2026 Bulletin, creates two kratom processor licenses, Tier One and Tier Two. R66-51 requires child-resistant packaging and bars shaping a kratom product in any way that appeals to children. A proposed amendment to R66-50, published October 1, 2026, would move the retailer permit's annual renewal date from December 31 to April 30, the date the specialized product retailer license renews; public comments close November 2, 2026, and the Department lists November 9, 2026 as the earliest date the change may take effect. Under 4-45-106, an individual may bring a civil action "for damages resulting from a violation of this chapter, including economic, noneconomic, or consequential damages." The Department announced the 2026 law in a May 11, 2026 notice.

What are the penalties for kratom violations in Utah?

The drug-offense rows apply because 7-OH and mitragynine pseudoindoxyl are Schedule I. For possession or use, 76-18-207(3)(c) makes it a class A misdemeanor where "the substance is a substance classified in Schedule I or II or a controlled substance analog, not including marijuana" and the violation is the actor's first or second conviction. For distribution, possession with intent and production, each section makes it "a second degree felony if the controlled substance or counterfeit substance is: (A) a substance or a counterfeit of a substance classified in Schedule I or II, not including marijuana." Under 76-18-208(3)(b), 76-18-209(3)(b) and 76-18-210(3)(b), a second or subsequent conviction for a Schedule I substance is a first degree felony. For distribution and possession with intent, if the trier of fact finds beyond a reasonable doubt that the actor used or had a firearm readily accessible for immediate use, or used a dangerous weapon in a threatening manner, the court must impose an indeterminate prison term unless it details its reasons on the record, finds the actor does not pose a significant safety risk to the public, and orders supervised probation (76-18-209(4), 76-18-210(4)). Under 76-18-204, producing, distributing or possessing with intent to distribute in or near a school or another place the section lists, or "in the presence of a person younger than 18 years old, regardless of where the act occurs," raises the offense by one degree.

The ranges come from Utah's general sentencing sections. Under 76-3-204, a class A misdemeanor carries up to 364 days in jail. Under 76-3-301, the maximum fines are $10,000 for a first or second degree felony, $5,000 for a third degree felony, $2,500 for a class A misdemeanor and $1,000 for a class B misdemeanor. Under 76-3-203, unless the statute provides otherwise, a third degree felony carries up to five years in prison, a second degree felony one to 15 years, and a first degree felony at least five years and up to life.

Out-of-state products: the window that ends March 6, 2027

The 2026 act includes a temporary rule for processors that make products for other states. Under 4-45-104(5), "until March 6, 2027," a kratom processor may handle a kratom product that is not pure leaf kratom if the product "(a) is not offered for retail sale or distribution in this state; (b) is manufactured and distributed for lawful sale in another state; and (c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product." A matching clause, 58-37-406(3), shields a person acting under 4-45-104(5) from the drug penalties for 7-OH until the same date. Both provisions end on March 6, 2027.

Changes starting January 1, 2027 (S.B. 101)

Enrolled S.B. 101 (2026 General Session, "Specialized Product Amendments") states that it "takes effect on January 1, 2027." It does three things that reach kratom:

• Product registration. A new version of 4-45-108, effective January 1, 2027, provides that "Until January 1, 2029, the department may set a fee to register a kratom product," makes the fine for unregistered products discretionary, lets the Department take administrative action, and requires the Department to share information about kratom sellers with the State Tax Commission on request. S.B. 101 is Laws 2026, chapter 482, signed March 26, 2026.
• A specialized-product tax. "A tax is imposed on a specialized product at a rate of 5.3% multiplied by the retail price." Specialized products include kratom products, defined as "a product containing any part of a leaf of the plant Mitragyna speciosa."
• A retailer license. "A retailer may not sell or offer to sell a specialized product in this state without first obtaining a license from the commission." A violation is a class B misdemeanor, and the retailer is subject to an administrative fine of $1,000.

Recent changes and history

Older sources may cite the kratom statute as the "Kratom Consumer Protection Act" and the schedules as 58-37-4; the current code names Chapter 45 the Kratom Regulation Act and numbers the schedules 58-37-108.

Federal scheduling and Utah law

Utah also adopts the federal list. Utah Code 58-37-107(2) provides: "All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are controlled." Utah's own Schedule I already named mitragynine pseudoindoxyl before the federal order described below. Whether 58-37-107(2) makes MGM-15 and MGM-16, which are in a federal temporary order but not in Utah's schedules, controlled in Utah is a question the statute's text does not answer, and this page does not resolve it.

Under federal law, kratom leaf, mitragynine and 7-OH are not listed 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. The DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold is being withdrawn in a separate document, according to the DEA's October 2026 notice, and in its place the DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection on October 9, 2026 and scheduled for publication on 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 (SUD)." Our kratom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Utah has two impaired-driving rules that matter here. Utah Code 41-6a-502(1)(b) makes it driving under the influence to operate or be in actual physical control of a vehicle while "under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the actor incapable of safely operating a vehicle," a class B misdemeanor with higher classes in some cases. Separately, Utah Code 41-6a-517(2)(a) provides that, "in cases not amounting to a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a person may not operate or be in actual physical control of a motor vehicle within this state if the person has any measurable controlled substance or metabolite of a controlled substance in the person's body," also a class B misdemeanor. Section 41-6a-517 uses the definition of "controlled substance" in Section 58-37-101, and 7-OH is a Schedule I controlled substance in Utah. Section 41-6a-517(3) makes it an affirmative defense that the substance was, among other things, "otherwise legally ingested." The 7-OH exemption in 58-37-406 refers to penalties in Title 58 and Title 76, Chapter 18, not to the driving statutes in Title 41, and the code does not say expressly how the two fit together; this page does not resolve that question. See our guide to Utah DUI laws.

A conviction under 4-45-104, 4-45-105 or the drug-offense sections is a criminal record; for how Utah handles clearing records, see Utah expungement laws.

Related

• Kratom laws by state
• Utah DUI laws
• Utah expungement laws
• Utah psilocybin mushroom laws
• Nevada kratom laws
• Colorado kratom laws

This article provides general legal information about Utah state law as of October 11, 2026. It is not legal advice. Kratom rules in Utah changed in May and July 2026, a rule amendment is pending, and the rules change again on January 1, 2027 and March 6, 2027, and federal scheduling actions are pending. For advice about a specific situation, contact a lawyer licensed in Utah or the Utah Department of Agriculture and Food.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Utah?

Kratom leaf and mitragynine are not listed in Utah's schedules (the drug-offense sections separately reach controlled substance analogs), but 7-OH and mitragynine pseudoindoxyl are Schedule I (Utah Code 58-37-108). Pure leaf kratom handled in compliance with the Kratom Regulation Act is exempt from the drug penalties for its 7-OH (58-37-406), and sales to anyone under 21 are a class A misdemeanor (4-45-105).

What is the age limit for kratom in Utah?

A kratom processor or retailer may not distribute, sell or offer for sale a kratom product to an individual under 21 years old. Each violation is a class A misdemeanor under Utah Code 4-45-105.

Is 7-OH illegal in Utah?

Yes, 7-hydroxymitragynine, including synthetic versions, is a Schedule I controlled substance under Utah Code 58-37-108(2)(a)(viii). The only exemption covers pure leaf kratom (7-OH no greater than 0.4% of total kratom alkaloids) to the extent its handling complies with the Kratom Regulation Act, plus a processor transition rule that ends March 6, 2027.

What is pure leaf kratom under Utah law?

Utah Code 4-45-102(5) defines it as identifiable plant matter, or plant matter in an inert food-grade or pharmaceutical-grade capsule, with no nonkratom substance, no kratom extract and 7-OH no greater than 0.4% of the total kratom alkaloid composition.

Who can sell kratom in Utah?

A kratom retailer must register with the Utah Department of Agriculture and Food, and the Department may not register a retailer unless it is licensed as a retail tobacco specialty business (Utah Code 4-45-104(4)). Processors must register as food establishments and as kratom processors. Since May 6, 2026 every kratom seller also needs a Department specialized product retailer license (Utah Code 4-45a-102); operating without one carries a $50,000 civil fine.

What is the penalty for selling kratom to someone under 21 in Utah?

A class A misdemeanor for each violation (Utah Code 4-45-105). Under Utah Code 76-3-204 and 76-3-301, a class A misdemeanor carries up to 364 days in jail and a fine of up to $2,500.

Is there a kratom tax in Utah?

Enrolled S.B. 101 (2026) imposes a tax of 5.3% multiplied by the retail price on specialized products, which include kratom products, starting January 1, 2027. Retailers will also need a State Tax Commission license; selling without one is a class B misdemeanor plus a $1,000 administrative fine.

Can you get a DUI for kratom in Utah?

Utah Code 41-6a-502 reaches anyone under the influence of any drug to a degree that renders them incapable of safely operating a vehicle. Separately, 41-6a-517 bars driving with any measurable controlled substance or metabolite in the body; 7-OH is a Utah controlled substance, and how that section interacts with the pure-leaf exemption is not settled by statute.