Is Kratom Legal in Wisconsin? (2026 Law)

Kratom is not legal in Wisconsin. Wisconsin's statutory Schedule I lists both mitragynine and 7-hydroxymitragynine (7-OH) as stimulants (Wis. Stat. 961.14(7)(mk) and (mL)), covering any material that contains any quantity of either compound; possessing them is a misdemeanor and delivering them is a Class H felony, with no age limit or sales rules because sale is prohibited outright. 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 Wisconsin state law on kratom: the Schedule I listing in Wis. Stat. 961.14(7), the possession and delivery offenses in Wis. Stat. 961.41 and the sentencing statutes they use (939.50 and 939.61), the first-offense conditional discharge in 961.47, the delivery-to-minor, repeat-offender and location rules in 961.46, 961.48, 961.49 and 961.495, the paraphernalia offense in 961.573, license suspension under 961.50, overdose aider immunity in 961.443, the research provisions in 961.32 and 961.335, the federal-adoption rule in 961.11(4), the failed 2023 repeal bill, and the driving offenses in 346.63(1)(a) and (am), with one paragraph on federal law. It does not cover city or county ordinances, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Wisconsin?

No. Schedule I in Wisconsin is set by statute. Section 961.14 opens: "Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule I." Its stimulants subsection names both kratom alkaloids:

"(7) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation: ... (mk) Mitragynine. (mL) 7-hydroxymitragynine."

Two points follow from that text. First, the statute lists both compounds, not 7-OH alone. Second, the "any quantity" wording means there is no concentration threshold: a product counts if it contains any amount of either compound. DEA has described mitragynine and 7-OH as "the main active constituents of the plant kratom," so the Wisconsin listing reaches kratom leaf products as well as concentrated 7-OH products.

Both entries were created by Sections 30 and 31 of 2013 Wisconsin Act 351 (2013 Senate Bill 325), which was published April 24, 2014. The act does not prescribe its own effective date, so under Wis. Stat. 991.11 it took effect on the day after publication, April 25, 2014.

Age limits and sales rules

Wisconsin has no kratom age limit, labeling rule, 7-OH cap or retailer registration. Other states use those tools to regulate a legal kratom market. Wisconsin lists the alkaloids in Schedule I instead, so the possession and delivery offenses below apply to adults and minors alike, and there is no lawful retail channel for kratom products in the state. Delivering either compound to a minor can lengthen the maximum prison term, as described under Delivery to a minor below.

Penalties for kratom in Wisconsin

Wisconsin grades drug crimes in Wis. Stat. 961.41, by the substance and the conduct. Mitragynine and 7-OH fall in the general tiers, not in the drug-specific tiers the statute sets for substances such as cocaine, heroin or psilocybin.

Possession. Section 961.41(3g)(b) covers "Other drugs generally":

"Except as provided in pars. (c) to (g), if the person possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance included in schedule I or II that is a narcotic drug ..., the person is guilty of a misdemeanor, punishable under s. 939.61."

Section 939.61(2) supplies the range: "If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both." Mitragynine and 7-OH are listed as stimulants, not narcotic drugs, and the drug-specific possession tier in 961.41(3g)(d) does not name them.

For a person with no prior conviction under chapter 961 or any other controlled-substance law, Wis. Stat. 961.47 lets the court, with the person's consent and without entering a judgment of guilt, defer a 961.41(3g)(b) possession case and place the person on probation. If the conditions are met, "the court shall discharge the person and dismiss the proceedings against him or her," and the discharge "is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime." There may be only one such discharge for any person.

Manufacture, delivery and possession with intent. Section 961.41(1)(b) covers "Schedule I, II, and III nonnarcotic drugs generally":

"Except as provided in pars. (cm) and (e) to (hm), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, the person is guilty of a Class H felony."

Section 961.41(1m)(b) sets the same Class H level for possessing those substances with intent to manufacture, distribute or deliver them. Under Wis. Stat. 939.50(3)(h), a Class H felony carries "a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both." The Class H tier does not change with weight; Wisconsin's weight-based tiers in 961.41 apply to drugs the statute names, and mitragynine and 7-OH are not among them.

The paraphernalia offense in Wis. Stat. 961.573(1) is separate from possession of the substance itself: "Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both."

Repeat offenses

Wis. Stat. 961.48 raises the maximum prison term for a felony drug offense that is a second or subsequent offense, when the prior convictions are alleged in the charge. Under 961.48(1)(b), the maximum may be increased "By not more than 4 years, if the offense is a Class E, F, G, H, or I felony." That reaches the Class H delivery and intent-to-deliver offenses above. The section is written for felony offenses, so it does not reach the misdemeanor possession tier.

Delivery to a minor

Under Wis. Stat. 961.46, if a person 17 years of age or over violates 961.41(1) by distributing or delivering a controlled substance, including mitragynine or 7-OH, to a person 17 years of age or under who is at least 3 years younger, the maximum prison term for the offense "may be increased by not more than 5 years."

Delivery near schools, parks and other places

Wis. Stat. 961.49(1m) allows the maximum prison term to be increased by 5 years for delivery, or possession with intent to deliver, in or near places such as school premises, parks, pools, youth or community centers, jails and public housing. It applies only to the drugs it names: "cocaine, cocaine base, fentanyl, a fentanyl analog, carfentanil, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances." Mitragynine and 7-OH are not on that list, so 961.49(1m) does not reach them as written.

Possession near those places is treated differently. Under Wis. Stat. 961.495, when a person violates the possession statute, 961.41(3g), by possessing a Schedule I substance, which includes mitragynine and 7-OH, on the premises of a scattered-site public housing project, or in or within 1,000 feet of a park, a jail or correctional facility, a multiunit public housing project, a public swimming pool, a youth or community center, school premises or a school bus, the court "shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization."

Overdose aider immunity

Wis. Stat. 961.443(2) protects a person who gets help for someone else: "An aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1)." The act described in subsection (1) is bringing a person suffering an overdose of, or adverse reaction to, a controlled substance to a health care facility, or summoning law enforcement or emergency medical help for that person. The immunity covers possession, not delivery.

The failed 2023 kratom regulation bill

Wisconsin lawmakers have considered replacing the ban with a regulated market, and that bill died. 2023 Assembly Bill 393 was titled "An Act to repeal 961.14 (7) (mk) and 961.14 (7) (mL); and to create 100.365 and 941.41 of the statutes; Relating to: regulating kratom products, granting rule-making authority, and providing a penalty." Its bill history records: "4/15/2024 Asm. Failed to pass pursuant to Senate Joint Resolution 1." Senate Bill 445, the companion, met the same end on the same date.

The bill would have set a minimum age of 21 and a cap on 7-OH content in a regulated market. None of that is law: the 2023-24 session ended with the Schedule I listing in place. None of the bills introduced in the 2025-26 Legislature carries a kratom, mitragynine or 7-OH title.

Federal scheduling and Wisconsin's adoption rule

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 only three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026. DEA's July 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.

Wisconsin has its own rule for following federal scheduling, and it expressly covers temporary orders. Under Wis. Stat. 961.11(4), when a substance is designated, rescheduled or deleted under federal law and notice is given to the Controlled Substances Board, "the board by affirmative action shall similarly treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order ... or from the date of issuance of an order of temporary scheduling under 21 USC 811 (h), unless within that 30-day period, the board or an interested party objects to the treatment of the substance." The Board may also add substances by rulemaking and may treat FDA or DEA findings "as prima facie evidence" on the factors it weighs (961.11(1) and (1r)).

That puts the August 26, 2026 order for mitragynine pseudoindoxyl, MGM-15 and MGM-16 in front of the Board. The Board's rules in Wis. Admin. Code ch. CSB 2, as published, contain no entry for those three compounds, and this page will be updated when a Board order on them takes effect. The question does not affect kratom leaf or 7-OH in Wisconsin, because 961.14(7) already lists mitragynine and 7-OH by statute.

Research with controlled substances

Wisconsin lets federally registered researchers work within their federal registration, but only in conformity with the rest of chapter 961. Wis. Stat. 961.32(1m)(a) provides: "Persons registered under federal law to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances in this state to the extent authorized by their federal registration and in conformity with the other provisions of this chapter."

Wisconsin also requires a state permit. Under Wis. Stat. 961.335(1)(a), "Upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer, or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis, or other special uses." Except as provided in 961.335(1)(c), "no person may engage in any activity described under par. (a) without a permit issued under this section" (961.335(1)(b)). A permit is valid for one year and is effective only for the person, project and substances it specifies, with any Schedule I substance named (961.335(2), (4) and (5)). Holders of a valid permit "are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization" (961.335(6)). Wisconsin has no kratom-specific research or program statute.

Driving and criminal records

Wisconsin's operating-while-intoxicated statute has a detectable-amount prong. Wis. Stat. 346.63(1)(am) makes it an offense to drive when "The person has a detectable amount of a restricted controlled substance in his or her blood," and 340.01(50m)(a) defines a restricted controlled substance to include "A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol." Because mitragynine and 7-OH are Schedule I, that prong reaches them by its terms. Section 346.63(1)(a) separately bars driving "Under the influence of ... a controlled substance" or "under the influence of any other drug to a degree which renders him or her incapable of safely driving"; our guide to Wisconsin DUI laws covers both and the penalties.

Separately from any driving offense, Wis. Stat. 961.50(1) provides that if a person is convicted of any violation of chapter 961, including misdemeanor possession, the court "may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege ... for not less than 6 months nor more than 5 years."

A possession or delivery conviction creates a criminal record. Whether a Wisconsin record can later be expunged is covered in our guide to Wisconsin expungement laws.

Statute text quoted on this page is from the 2023-24 Wisconsin Statutes as updated through 2025 Wisconsin Act 247 and published October 1, 2026, on the Legislature's website.

Related

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

This article provides general legal information about Wisconsin state law as of October 11, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wisconsin.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Wisconsin?

No. Wis. Stat. 961.14(7)(mk) and (mL) list mitragynine and 7-hydroxymitragynine in Schedule I, covering any material that contains any quantity of either compound. Possession is a misdemeanor (up to $500 and 30 days), and delivery or possession with intent to deliver is a Class H felony (up to $10,000 and 6 years).

Is 7-OH legal in Wisconsin?

No. 7-hydroxymitragynine is listed by name in Schedule I at Wis. Stat. 961.14(7)(mL), next to mitragynine, and the listing has no concentration threshold.

What is the penalty for kratom possession in Wisconsin?

Possession of mitragynine or 7-OH is a misdemeanor punishable under Wis. Stat. 939.61: a fine of up to $500, up to 30 days in jail, or both (Wis. Stat. 961.41(3g)(b)).

What is the penalty for selling kratom in Wisconsin?

Manufacturing, distributing or delivering mitragynine or 7-OH, or possessing either with intent to do so, is a Class H felony under Wis. Stat. 961.41(1)(b) and (1m)(b), punishable by a fine of up to $10,000, up to 6 years in prison, or both (Wis. Stat. 939.50(3)(h)).

Is there a kratom age limit in Wisconsin?

No. Wisconsin has no kratom age rule because mitragynine and 7-OH are Schedule I controlled substances; the possession and delivery offenses apply to everyone, whatever their age. Under Wis. Stat. 961.46, when a person 17 or older delivers to a person 17 or under who is at least 3 years younger, the maximum prison term may be increased by up to 5 years.

Is Wisconsin going to legalize kratom?

Not under any current bill. 2023 AB 393 and SB 445 would have repealed the Schedule I listing and set up a regulated market, but both failed to pass on April 15, 2024, and none of the bills introduced in the 2025-26 Legislature carries a kratom title.

Does Wisconsin's overdose immunity law cover kratom possession?

Wis. Stat. 961.443(2) makes an aider who gets help for a person suffering an overdose or adverse reaction immune from prosecution for possession under 961.41(3g), for the circumstances surrounding or leading to the call for help.