Is Kratom Legal in Vermont? (2026 Law)

Vermont prohibits two kratom compounds rather than the kratom leaf by name: the Department of Health's Regulated Drug Rule lists mitragynine and 7-hydroxymitragynine (7-OH) as hallucinogenic drugs, and 18 V.S.A. 4205 makes it unlawful to possess, sell or manufacture any regulated drug except as chapter 84 of Title 18 authorizes. Possessing a hallucinogenic drug is punishable by up to one year, a fine of up to $2,000, or both under 18 V.S.A. 4235(b)(1), and Vermont has no kratom age limit or retail law because its statutes do not name kratom. 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 Vermont state law on kratom compounds: the Department of Health Regulated Drug Rule (section 7.0), the definitions, rulemaking and prohibition sections of 18 V.S.A. chapter 84 (4201, 4202, 4205), its hallucinogenic-drug, manufacturing, minors and school, repeat-offense and overdose-immunity sections (4235, 4236, 4237, 4238, 4254), the felony and misdemeanor definition (13 V.S.A. 1), the impaired-driving statute (23 V.S.A. 1201) and two 2025 kratom bills, with one paragraph on federal law. It does not cover city or town ordinances, federal property, employer or school policies, or other states' laws.

Is kratom legal in Vermont?

Not when a product contains the compounds the state lists. Vermont's chapter 84 regulates drugs by category. Under 18 V.S.A. 4201(29), a "regulated drug" means "(A) a narcotic drug; (B) a depressant or stimulant drug, other than methamphetamine; (C) a hallucinogenic drug; (D) Ecstasy; (E) cannabis; (F) methamphetamine; or (G) xylazine." The statutory definition of hallucinogenic drugs reaches substances the Department of Health designates:

"Hallucinogenic drugs" means stramonium, mescaline or peyote, lysergic acid diethylamide, and psilocybin, and all synthetic equivalents of chemicals contained in resinous extractives of Cannabis sativa, or any salts or derivatives or compounds of any preparations or mixtures thereof, and any other substance that is designated as habit-forming or as having a serious potential for abuse arising out of its effect on the central nervous system or its hallucinogenic effect in the rules adopted by the Department of Health under section 4202 of this title.

The Department's Regulated Drug Rule (Chapter 8, Subchapter 9, effective July 15, 2019) does that designating. Section 7.0, headed "Hallucinogenic Drugs; Synthetic Cannabinoids; Tryptamines; Cannabinimimetics; Mescaline Analogs; Dissociatives," lists "7-hydroxymitragynine" (with its chemical name) and "Mitragynine." Under 18 V.S.A. 4202(b), these rules, "when adopted, shall, until modified or rescinded, have the force and effect of law." Section 2.0 of the rule states its purpose: it "designates drugs and other chemical substances that are illegal or judged to be potentially fatal or harmful for human consumption unless prescribed and dispensed by a professional licensed to prescribe or dispense them and used in accordance with the prescription."

The prohibition itself is 18 V.S.A. 4205:

It shall be unlawful for any person to manufacture, possess, have under his or her control, sell, prescribe, administer, dispense, or compound any regulated drug, except as authorized in this chapter.

What the rule names, and what it does not

The rule lists the two compounds. The same section lists some plants by name, such as peyote and Salvia divinorum, but it does not list the plant Mitragyna speciosa. Neither the rule nor chapter 84 uses the word kratom, and the rule does not say how it treats leaf or other plant material. The federal Drug Enforcement Administration has described mitragynine and 7-hydroxymitragynine as "the main active constituents of the plant kratom" (DEA notice, 2016). Because the listed compounds are the main constituents DEA identified, a product sold as kratom carries a practical risk of being treated as containing a regulated drug. Whether leaf material is charged as possession of the listed compounds is a question the rule's text does not answer, and a lawyer licensed in Vermont is the right person to ask.

The accurate way to describe Vermont's rule is that mitragynine and 7-OH are regulated hallucinogenic drugs under a Department of Health rule. A statement that Vermont "banned kratom" by statute, or put it on a numbered schedule, goes beyond what the texts say.

Kratom age limits and sales rules in Vermont

Vermont statutes do not name kratom, so the state has no kratom age limit, product registration requirement or labeling law. The listed compounds are regulated drugs for buyers and sellers of any age; 4205 makes selling them unlawful except as chapter 84 authorizes, whatever the buyer's age.

Two 2025 bills would have created a regulatory framework. As introduced, S.121's statement of purpose says it "proposes to require the Department of Health to develop and maintain a registry for kratom products prepared, manufactured, sold, distributed, or maintained in the State. It further proposes labeling requirements for kratom products," and its first section gives the short title "Kratom Consumer Protection Act." The introduced text defines kratom as "the plant Mitragyna speciosa or any part of the plant." H.416 is the House kratom consumer protection bill.

Neither bill is law. No act of the 2025-2026 General Assembly mentions kratom or mitragynine, and the Department of Health's proposed-rules page lists only newborn screening, lead control and birth center rules.

Kratom penalties in Vermont

Because the rule lists mitragynine and 7-OH under its hallucinogenic-drug heading, the penalties are those for hallucinogenic drugs in 18 V.S.A. 4235. Which charge a prosecutor brings in a particular case is not something the statute decides. Section 4235(b)(1) and (c)(1) provide:

(b) Possession. (1) A person knowingly and unlawfully possessing a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than one year or fined not more than $2,000.00, or both. ... (c) Selling or dispensing. (1) A person knowingly and unlawfully dispensing a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than three years or fined not more than $25,000.00, or both. A person knowingly and unlawfully selling a hallucinogenic drug, other than lysergic acid diethylamide, shall be imprisoned not more than five years or fined not more than $25,000.00, or both.

Felony or misdemeanor?

Section 4235 does not use the words felony or misdemeanor. The general rule in 13 V.S.A. 1 supplies the class: "Any other provision of law notwithstanding, any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death is a felony. Any other offense is a misdemeanor." Simple possession, with a one-year maximum, is a misdemeanor. The dose-based possession tiers, dispensing, selling, the dose-based selling and dispensing tiers and manufacturing all carry maximums of more than two years, so they are felonies under that definition.

How doses are counted

The higher possession tiers count doses, not grams. Section 4235(a) provides that a "'Dose' of a hallucinogenic drug means that minimum amount of a hallucinogenic drug, not commonly used for therapeutic purposes, that causes a substantial hallucinogenic effect. The Department of Health shall adopt rules that establish doses for hallucinogenic drugs. The Department may incorporate, where applicable, dosage calculations or schedules, whether described as 'dosage equivalencies' or otherwise, established by the federal government." Section 9.0 of the Regulated Drug Rule, "Dosages and Doses," sets benchmark unlawful dosages under 18 V.S.A. 4234 for a list of named drugs that does not include mitragynine or 7-hydroxymitragynine, and the rule names no dose for either compound, so how the 10-, 100- and 1,000-dose tiers would apply to them is a question for a lawyer licensed in Vermont.

Manufacturing

Section 4236 provides: "(a) A person knowingly and unlawfully manufacturing or cultivating a regulated drug shall be imprisoned not more than 20 years or fined not more than $1,000,000.00, or both. (b) This section shall not apply to the cultivation of cannabis." Making a product that contains a listed compound can be charged as manufacturing a regulated drug under that section.

Enhanced penalties: minors, school grounds and repeat offenses

Minors. Under 18 V.S.A. 4237, selling a regulated drug to a minor adds a term of up to 10 years to any other penalty, and dispensing a regulated drug to a minor at least three years younger carries up to 5 years. Section 4237(f)(1) provides that "'Minor' means a person under the age of 18."

School grounds. Section 4237(c) bars knowingly and unlawfully dispensing or selling "a regulated drug to any person on a school bus or on real property owned by a public or private elementary, secondary, or vocational school," selling "a regulated drug to any person on real property abutting real property owned by a public or private elementary, secondary, or vocational school," and dispensing "a regulated drug to any person in public view on real property abutting real property owned by a school." Section 4237(d) provides that selling or dispensing on abutting property "is a violation under this section only if it occurs within 500 feet of the school property. Property shall be considered abutting school property if: (1) it shares a boundary with school property; or (2) it is adjacent to school property and is separated only by a river, stream, or public highway." Under 4237(e), a person who violates subsection (c) "shall, in addition to any other penalty, be sentenced to a term of imprisonment of not more than 10 years." These enhancements reach selling and dispensing, not simple possession.

Repeat offenses. Under 18 V.S.A. 4238, "A person convicted of a second or subsequent offense of violating section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236 or 4237 of this title, except a violation of subdivision 4230(a)(1), shall be subject to a term of imprisonment or fined up to twice that authorized by those sections, or both."

Overdose immunity

Vermont's overdose immunity law, 18 V.S.A. 4254, provides that "A person who, in good faith and in a timely manner, seeks medical assistance for someone who is experiencing a drug overdose shall not be cited, arrested, or prosecuted for a violation of this chapter," and the protection extends to the person experiencing the overdose. Under 4254(g), the immunity applies "only to the use and derivative use of evidence gained as a proximate result of the person's seeking medical assistance for a drug overdose" and does "not preclude prosecution of the person on the basis of evidence obtained from an independent source."

Federal kratom law and whether Vermont follows it

Federal law does not list kratom leaf, mitragynine or 7-hydroxymitragynine in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026; federal Schedule I controls, including on possession, apply to those three compounds in Vermont as everywhere else. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold is being withdrawn in a separate document, according to the new DEA notice of intent described next. A new DEA notice of intent (FR Doc. 2026-20943), filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, proposes temporary Schedule I control of 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or where the amount of mitragynine divided by the amount of those substances is 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 says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food, and it "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.

Vermont's own list is built from its statute and Department of Health rules. Rules under 4202 "may be adopted only after prior written notice to the Board of Pharmacy and the Board of Medical Practice" (4202(d)), and apart from 4235(a), which lets the Department incorporate federal dosage calculations or schedules when setting doses, the only reference to the federal schedules in the chapter 84 sections described on this page is 4228(b), which provides that "For the purposes of this section, a 'controlled' drug or substance shall mean those drugs or substances listed under Schedules I through V in the federal Controlled Substances Act." Read on those words, a federal scheduling order would enter Vermont's regulated-drug list through a Department rule. This page does not identify any Vermont rule naming mitragynine pseudoindoxyl, MGM-15 or MGM-16; the current Regulated Drug Rule carries an effective date of July 15, 2019, before the August 2026 federal order.

Driving after taking kratom in Vermont

Vermont's impaired-driving statute, 23 V.S.A. 1201, bars operating a vehicle "(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug," and subsection (h) provides that "under the influence of a drug" means "a person's ability to operate a motor vehicle safely is diminished or impaired in the slightest degree." Section 1201(a) contains no per se drug-concentration clause, so a drug charge under (a)(3) rests on impairment. See our guide to Vermont DUI laws.

Kratom convictions and your record

A conviction under 4235 is a criminal record. Our guide to Vermont expungement laws explains which records can be sealed or expunged and how.

Where Vermont's kratom rules come from

Related

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

This article provides general legal information about Vermont state law as of October 11, 2026. It is not legal advice. Statute text is quoted from Vermont Statutes Online, an unofficial copy that includes the actions of the 2025 session of the General Assembly, and no 2025-2026 act mentions kratom or mitragynine. The Regulated Drug Rule is quoted from the Department of Health's posted copy, which carries an effective date of July 15, 2019. For advice about a specific situation, contact a lawyer licensed in Vermont.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Vermont?

Vermont's Regulated Drug Rule lists mitragynine and 7-hydroxymitragynine as hallucinogenic drugs, and 18 V.S.A. 4205 makes it unlawful to possess or sell a regulated drug except as chapter 84 authorizes. The rule names those compounds rather than the kratom leaf, and Vermont statutes do not mention kratom.

Is 7-OH illegal in Vermont?

Yes. 7-hydroxymitragynine is listed in section 7.0 of the Department of Health Regulated Drug Rule, and rules adopted under 18 V.S.A. 4202 have the force and effect of law. Possession is punishable under 18 V.S.A. 4235(b).

What is the penalty for possessing kratom compounds in Vermont?

Knowingly and unlawfully possessing a hallucinogenic drug other than LSD carries up to 1 year, a fine of up to $2,000, or both under 18 V.S.A. 4235(b)(1). Possessing 10 or more doses carries up to 5 years and a fine of up to $25,000.

Is there a kratom age limit in Vermont?

No Vermont statute sets a kratom age limit, because the statutes do not name kratom. The listed compounds, mitragynine and 7-OH, are regulated drugs for people of any age under the Regulated Drug Rule and 18 V.S.A. 4205.

Did Vermont pass a Kratom Consumer Protection Act?

No. S.121 and H.416 (2025) would have created a Kratom Consumer Protection Act with a Department of Health product registry and labeling requirements, but each was read and referred to committee in early 2025 and neither is law.

Can you drive after taking kratom in Vermont?

Under 23 V.S.A. 1201(a)(3), a person may not drive while under the influence of any other drug, which subsection (h) defines as ability to drive safely diminished or impaired in the slightest degree. Section 1201(a) contains no drug-concentration (per se) clause.