Is Kratom Legal in Wyoming? (2026 Law and Age 21 Rule)

Kratom is not listed by name in Wyoming's statutory drug schedules, and Wyoming regulates its sale instead of banning it: since July 1, 2026, W.S. 35-7-2202 makes it a misdemeanor to sell or offer a kratom product to anyone under 21, or to sell one that is adulterated, candy-like, combustible or meant for vaporization, or above a 2% limit on 7-hydroxymitragynine (7-OH). The rules sit in Article 22 of Title 35, chapter 7 (W.S. 35-7-2201 to 35-7-2203), enacted by 2026 Enrolled Act No. 44 (SF0056), and the penalty is up to 1 year of imprisonment, a fine up to $1,000, or both. 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 Wyoming state law on kratom as the 2026 Wyoming Statutes read: Article 22, Kratom Product Regulation (W.S. 35-7-2201 to 35-7-2203); the Wyoming Controlled Substances Act's schedules, scheduling clause and offense sections in Article 10 (W.S. 35-7-1003, 35-7-1011, 35-7-1014, 35-7-1031 and 35-7-1036 to 35-7-1039, 35-7-1064); 2026 Enrolled Act No. 44; the Attorney General's 2026 emergency scheduling rules; and the DUI statute (W.S. 31-5-233), plus one paragraph on federal law. It does not cover Department of Health or Department of Agriculture implementing rules, the Attorney General's permanent rule chapters, city or county ordinances, tribal law, employer or school policies, or other states' laws.

Is kratom a controlled substance in Wyoming?

Wyoming's statute does not list it. Schedule I in W.S. 35-7-1014 names hallucinogens such as psilocybin and psilocyn in its subsection (d), but neither that section nor any other part of Article 10 (W.S. 35-7-1001 to 35-7-1064) mentions kratom, mitragynine or 7-hydroxymitragynine. Article 22 also treats kratom as a regulated product: it defines a "kratom product" as a food or dietary supplement, not as a controlled substance.

One caveat sits in the definitions. Schedule II begins with a general entry, not tied to any named compound, for "Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate" (W.S. 35-7-1016(b)(i)), and Article 10 defines "opiate" by its effect: "any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability" (W.S. 35-7-1002(a)(xvi)). Any opiate is also a "narcotic drug" under W.S. 35-7-1002(a)(xv)(A). So 7-OH or mitragynine could be treated as an opiate in Schedule II if it were shown to have that morphine-like liability or to be capable of conversion into a drug that has it. This page cites no Wyoming court decision, Attorney General rule or agency statement applying that entry to kratom, mitragynine or 7-OH.

Wyoming can add substances to its schedules without a new statute. Under W.S. 35-7-1003, "The attorney general of the state of Wyoming is hereby designated commissioner of drugs and substances control." W.S. 35-7-1011(d) then ties the state schedules to federal changes:

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act."

The same subsection lets the Attorney General object instead: if the commissioner publishes the reasons for an objection within the same period, "control under this act is stayed until the commissioner publishes his final decision" (W.S. 35-7-1011(d)). The 30-day duty therefore does not produce a state rule automatically.

The Attorney General uses this route. In 2026, for example, an emergency rule adopted April 16, 2026 (ERR26-004) added 4-fluoroamphetamine, bromazolam and 3-MeO-PCP to Schedule I, and ERR26-015, adopted September 2, 2026, placed cipepofol in Schedule IV. The Wyoming Division of Criminal Investigation explains the scheduling process on its controlled substances page.

On August 26, 2026, a DEA temporary order placed three kratom-related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in federal Schedule I (see the federal section below). None of the 2026 emergency rules numbered ERR26-001 through ERR26-016 on the Legislature's administrative rules site, which come from several agencies and include filings by the Attorney General as Commissioner of Drugs and Substances Control, names those compounds, mitragynine or 7-OH. This page reflects official sources as of October 11, 2026; a later rule may exist, and the state's administrative rules system is the place to check. Federal Schedule I controls on those three compounds, including on possession, apply in Wyoming as federal law either way.

What Wyoming's kratom law covers

Article 22 begins with its definitions. Under W.S. 35-7-2201(a)(vi):

"'Kratom product' means a food or dietary supplement that consists of or contains any part of the kratom leaf, kratom leaf extract or any kratom alkaloid, kratom constituent or kratom metabolite. 'Kratom product' shall not include any synthesized alkaloid or semi-synthesized alkaloid;"

And under W.S. 35-7-2201(a)(i):

"'Adulterated' means the addition of a controlled substance, a synthesized alkaloid or semi-synthesized alkaloid into a kratom product;"

These definitions apply to Article 22 only. The result is that a synthesized or semi-synthesized alkaloid is not itself a kratom product; adding one (or a controlled substance) to a kratom product makes the product adulterated, which Article 22 bars from sale; and W.S. 35-7-2202(a)(iv)(A) separately makes it a violation to manufacture, package, distribute or label a kratom product that contains one.

What sellers may not do

W.S. 35-7-2202(a) makes it a violation if a person:

"(i) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product: (A) That is adulterated; (B) To a person less than twenty-one (21) years of age; (C) That contains a level of 7-hydromitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the kratom product; (D) That is a confection, mimics a candy product or is manufactured, packaged, labeled or distributed in a way that is appealing to children, including in the distinct shape of a human, animal or fruit; or (E) That is combustible or intended for vaporization."

Paragraph (a)(i)(C) spells the compound "7-hydromitragynine." Paragraph (a)(iv)(B) uses "7-hydroxymitragynine" with the same 2% figure, so both describe a 2% cap on 7-OH in the alkaloid fraction.

The same subsection reaches makers and packagers. Under W.S. 35-7-2202(a)(iv), it is a violation if a person:

"Manufactures, packages, distributes or labels a kratom product or delivers a kratom product to a person less than twenty-one (21) years of age that: (A) Contains synthesized alkaloids or semi-synthesized alkaloids; or (B) Has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the product."

Two more paragraphs set retail duties:

• Labels (W.S. 35-7-2202(a)(ii)). A kratom product must carry the label the statute requires, which discloses, among other things, the manufacturer's name and address, the ingredients, warnings (including against use by people under 21 and during pregnancy or breastfeeding), an FDA disclaimer statement, and the amounts of mitragynine and 7-OH the product contains.
• Displays (W.S. 35-7-2202(a)(iii)). A retailer may not display or store kratom products in a way that would let people under 21 access them.

Article 22's offenses are directed at preparing, distributing, delivering, advertising, selling, offering, manufacturing, packaging, labeling, displaying and storing kratom products. None of its subsections makes it an offense for an adult to buy or possess a kratom product.

Age 21 rule and the seller's defenses

The minimum age is 21 for every sale, delivery and offer. The statute gives retailers two protections:

• ID defense. Under W.S. 35-7-2202(e), "It is an affirmative defense to a prosecution under this act that, in the case of a sale, the retailer who sold the kratom product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the kratom product as being over twenty-one (21) years of age."
• Compliance program. For a first offense in any 24-month period, no fine is imposed if the retailer shows it adopted and enforced a written policy against selling to people under 21, informed its employees of the law, required employees to verify age by photo ID or an electronic transaction scan device, and established and imposed sanctions for noncompliance (W.S. 35-7-2202(f)). The provision bars the fine only.

Penalties under Wyoming's kratom law

Under W.S. 35-7-2202(b):

"A violation of this act is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both."

A retailer that violates the act "a third or subsequent time within a two (2) year period" can be enjoined from selling kratom products at that location for up to 180 days (W.S. 35-7-2202(d)). The state chemist analyzes kratom products on request.

Who enforces it

Under W.S. 35-7-2203(a), "The department of health, working with local law enforcement agencies and other local persons and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this act." The department may contract with local law enforcement for random, unannounced compliance inspections that use participants under 21, subject to consent rules the section sets.

Section 4 of the enrolled act provides: "The department of health and the department of agriculture shall promulgate all rules necessary to implement this act." This page cites no implementing rule under that section as of October 11, 2026.

When the kratom law took effect

The bill digest records the Senate's concurrence vote of 30-1 on March 4, 2026, and "Governor Signed SEA No. 0044" on March 6, 2026.

If a kratom compound were added to Wyoming's schedules

Wyoming's drug offenses apply to controlled substances. Kratom, mitragynine and 7-OH are not listed by name in the state schedules, so the penalties below would reach a kratom compound only if it were added to a schedule, for example by an Attorney General rule under W.S. 35-7-1011(d), or if it were treated as an opiate under the Schedule II entry described above. Which tier applies would depend on the schedule and on whether the substance is a "narcotic drug" as Article 10 defines that term, a term that, under W.S. 35-7-1002(a)(xv)-(xvi), includes any opiate, meaning a substance with morphine-like addiction-forming or addiction-sustaining liability or one capable of conversion into a drug having that liability. The rows are hypothetical: this page cites no Wyoming prosecution of a kratom compound under them.

The weights in W.S. 35-7-1031 "shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material" (W.S. 35-7-1031(d)).

Enhancements in Article 10 would also apply:

• Distribution to a minor. A person 18 or older who distributes methamphetamine or a Schedule I or II narcotic drug to a person under 18 who is at least 3 years younger is punishable by the fine authorized by W.S. 35-7-1031(a)(i), a prison term up to twice that authorized by W.S. 35-7-1031(a)(i), or both; for any other Schedule I, II or III substance, subject to an exception in subsection (c) of the same section, the fine authorized by W.S. 35-7-1031(a)(ii), a prison term up to twice that authorized by W.S. 35-7-1031(a)(ii), or both; Schedule IV and V distributions carry the matching doubled terms (W.S. 35-7-1036(a)).
• School buses and school zones. For a Schedule I through IV substance, an offense committed in a school bus, or within the boundaries of or within 500 feet of real property a school district uses primarily for kindergarten through grade 12, adds penalties for an adult: for manufacture, delivery or possession with intent, "Imprisonment for a minimum of two (2) years" and "An additional fine of one thousand dollars ($1,000.00)"; for possession, "an additional fine of five hundred dollars ($500.00)" (W.S. 35-7-1036(b)).
• Repeat offenses. A second or subsequent offense under the act "may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both" (W.S. 35-7-1038(a)). A prior conviction under any federal or state law relating to narcotic, marijuana, depressant, stimulant or hallucinogenic drugs counts, and the doubling does not apply to possession offenses under W.S. 35-7-1031(c).
• First offenders. A person with no prior drug conviction who is found guilty of possession under W.S. 35-7-1031(c) or of use under W.S. 35-7-1039 may, with consent, be placed on probation without a judgment of guilt; on completion, the case is dismissed, and only one such dismissal is allowed per person (W.S. 35-7-1037).
• Overdose help. A person who in good faith seeks medical help for a drug overdose, gives the location, stays until responders arrive and cooperates is immune from prosecution for possession under W.S. 35-7-1031(c) and use under W.S. 35-7-1039 arising from the same events, and the immunity extends to the person who overdosed if the same conditions are met (W.S. 35-7-1064). The list does not include manufacture or delivery. The person who overdosed may receive this immunity no more than twice in 12 months, and the second time only after completing, after the second overdose event, a drug treatment program approved by the district attorney (W.S. 35-7-1064(d)); that limit does not apply to the person who sought help.

Federal kratom status in October 2026

As of the October 6, 2026 text of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I effective August 26, 2026. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold is being withdrawn in a separate document, according to 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, in which DEA proposes to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either alone, or both combined, exceed 1 mg per gram (solids) or 1 mg per milliliter (liquids), or when the mass of mitragynine divided by that amount 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. If an order issues, W.S. 35-7-1011(d) directs Wyoming's Attorney General to control the substance in the same manner within 30 days, unless the Attorney General publishes an objection, which stays state control. The FDA says kratom is not lawfully marketed as a dietary supplement or a food additive, 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)."

Driving after taking kratom

Under W.S. 31-5-233(b)(iii), no person may drive or have actual physical control of a vehicle "To a degree which renders him incapable of safely driving" while under the influence of alcohol, a controlled substance, or a combination. For that section, a "controlled substance" includes "Any drug or psychoactive substance, or any combination of these substances, capable of impairing a person's physical or mental faculties" (W.S. 31-5-233(a)(ii)(C)), so the clause is not limited to scheduled drugs. The statute's only per se branch is an alcohol concentration of 0.08 or more; it sets no any-amount or blood-level rule for drugs. For penalties and testing, see our guide to Wyoming DUI laws.

A misdemeanor conviction under Article 22 can stay on a criminal record; see Wyoming expungement laws for how records can be sealed or cleared.

Related

• Kratom laws by state
• Wyoming DUI laws
• Wyoming expungement laws
• Wyoming psilocybin mushroom laws
• Montana kratom laws
• Colorado kratom laws

This article provides general legal information about Wyoming law as of 2026-10-11. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming or the Wyoming Department of Health.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Wyoming?

Kratom is not listed by name in Wyoming's statutory drug schedules, and Wyoming regulates kratom sales instead of banning them. Since July 1, 2026, W.S. 35-7-2202 makes it a misdemeanor to sell a kratom product to anyone under 21 or to sell products that are adulterated, candy-like, combustible or meant for vaporization, or above a 2% 7-OH cap. Schedule II's general 'opiate' entry could reach a kratom compound if it were shown to have morphine-like addiction-forming or addiction-sustaining liability, or to be capable of conversion into a drug that has it; this page cites no Wyoming court decision or agency position applying it.

What is the kratom age limit in Wyoming?

21. W.S. 35-7-2202(a)(i)(B) bars knowingly preparing, distributing, delivering, advertising, selling or offering a kratom product to a person less than 21 years of age, and retail displays may not let under-21 customers access kratom products.

Is 7-OH banned in Wyoming?

Wyoming's statutory schedules do not list 7-hydroxymitragynine by name. It could be treated as an opiate in Schedule II if it were shown to have an addiction-forming or addiction-sustaining liability similar to morphine, or to be capable of conversion into a drug having that liability (W.S. 35-7-1016(b)(i), 35-7-1002(a)(xvi)); this page cites no Wyoming court decision or agency position applying that entry to 7-OH. Article 22 instead bars selling a kratom product whose 7-OH level in the alkaloid fraction is greater than 2% of its alkaloid composition (W.S. 35-7-2202(a)(i)(C), (a)(iv)(B)). If DEA issues a temporary order on 7-OH, W.S. 35-7-1011(d) directs the Attorney General to control it in the same manner within 30 days by emergency rule, unless the Attorney General publishes an objection under the same subsection, which stays state control.

What is the penalty for selling kratom to a minor in Wyoming?

A violation of Article 22 is a misdemeanor punishable by up to 1 year of imprisonment, a fine up to $1,000, or both (W.S. 35-7-2202(b)). A retailer with a third or later violation within two years can also be enjoined from selling kratom at that location for up to 180 days.

Are kratom vapes and kratom gummies allowed in Wyoming?

No seller may lawfully offer them. W.S. 35-7-2202(a)(i) bars selling a kratom product that is combustible or intended for vaporization, or one that is a confection, mimics candy or is made or packaged in a way that appeals to children.

Who enforces Wyoming's kratom law?

The Wyoming Department of Health is the lead agency under W.S. 35-7-2203, working with local law enforcement. Enrolled Act 44 directs the Departments of Health and Agriculture to adopt the rules needed to carry out the law.

Can I get a DUI after taking kratom in Wyoming?

Yes, it is possible. W.S. 31-5-233 bars driving while under the influence of a controlled substance to a degree that renders a person incapable of safely driving, and that section's definition of controlled substance includes any drug or psychoactive substance capable of impairing a person's physical or mental faculties. Its only per se limit is the 0.08 alcohol concentration.