Kratom Laws by State (2026)
How each state handles kratom, from each state's code and official agencies.
| State | Kratom |
|---|---|
| Alabama | Kratom's active compounds, mitragynine and hydroxymitragynine, are listed in Schedule I of Alabama's controlled substances law, so kratom is treated as an illegal controlled substance. Possessing a Schedule I substance is a Class D felony (1 year and 1 day to 5 years). Ala. Code 1975 §§ 20-2-23 (Schedule I, items 322-323), 13A-12-212 |
| Alaska | Kratom is not a controlled substance in Alaska: neither kratom nor its alkaloids mitragynine or 7-hydroxymitragynine is listed in Alaska's controlled-substance schedules (schedules IA through VIA in AS 11.71). AS 11.71.140-11.71.190 (whole chapter AS 11.71 reviewed) |
| Arizona | Kratom is legal and regulated in Arizona. Processors and retailers may not sell kratom products to anyone under 18, may not sell products adulterated with dangerous non-kratom substances, containing synthetic alkaloids (including synthetic mitragynine), or with 7-hydroxymitragynine above 2% of the alkaloid fraction, and must label the mitragynine and 7-hydroxymitragynine content. A processor or retailer who violates these rules commits a class 2 misdemeanor, and a person harmed can sue for damages. A.R.S. §§ 36-795, 36-795.01, 36-795.02, 36-795.03(B)-(C) |
| Arkansas | Kratom's main alkaloids, mitragynine and 7-hydroxymitragynine, are listed in Schedule I of the Arkansas Department of Health's controlled substances list (added November 2015), so kratom is treated as an illegal controlled substance. Possessing less than 2 grams of a Schedule I substance of this kind is a Class D felony (up to 6 years). Ark. Dept. of Health List of Controlled Substances, Schedule I, items (24)-(25) (dated 11-2015); Ark. Code § 5-64-419(b)(2) |
| California | The California Department of Public Health considers kratom and 7-hydroxymitragynine (7-OH) products unlawful to sell or market for consumption in any form. In a January 9, 2026 letter to food registrants and licensees, CDPH said these products are not approved food additives, are adulterated, and are illegal to sell to anyone of any age for consumption under Health and Safety Code § 110555, and that CDPH may embargo, seize and impound them. Sellers who do not comply may face legal action and enforcement. CDPH Food and Drug Branch, letter 'Prohibition on the Sale and Marketing of Kratom and 7-OH Products' (Jan. 9, 2026), citing Health & Safety Code § 110555 |
| Colorado | Kratom is legal but regulated in Colorado. Under the 'Daniel Bregger Act' (SB 25-072, effective on signature May 29, 2025), it is a deceptive trade practice under the Colorado Consumer Protection Act to knowingly prepare, distribute, advertise or sell a kratom product to anyone under 21, or one that is adulterated (with fentanyl, another controlled substance, or synthesized or semi-synthesized alkaloids), that has 7-hydroxymitragynine above 2% of the alkaloid composition, that is a confection or candy-like or appeals to children, or that is combustible or meant for vaping; products must carry labels listing the maker, ingredients, warnings (including against use under 21), serving directions and the mitragynine and 7-hydroxymitragynine content per serving; and kratom may not be displayed where people under 21 can reach it. Separately, selling or giving kratom to someone under 21, or failing to check a government photo ID, is a civil infraction with a $200 fine. C.R.S. 6-1-740 (added by SB 25-072, 2025 Colo. Sess. Laws ch. 283); C.R.S. 18-13-132 (as amended by SB 25-072, sec. 3) |
| Connecticut | Connecticut is moving kratom into the controlled-substance schedules. Public Act 25-101 (effective June 24, 2025) requires the Commissioner of Consumer Protection to amend the drug-schedule regulations to designate Mitragyna speciosa (kratom), including its leaves, stem and extracts, and 7-hydroxymitragynine as controlled substances. A 2026 regulation amendment filed by the department would place both in Schedule I; whether it has taken effect is not confirmed. Once designated, possessing them would fall under the general controlled-substance possession offense (class A misdemeanor). Conn. Gen. Stat. § 21a-243(i)(2) (2026 Supplement); Regs. Conn. State Agencies § 21a-243-7(c)(44), (47) as amended |
| Delaware | Kratom is legal for adults in Delaware but may not be sold to anyone under 21. House Substitute 1 for House Bill 332 (signed and effective September 8, 2026; 85 Del. Laws c. 478) prohibits selling, providing or marketing kratom or kratom products to people under 21, and a violation is a class B misdemeanor (up to 6 months). The law also directs the Division of Alcohol and Tobacco Enforcement and the Department of Health and Social Services to report by January 1, 2027 on kratom testing and possible retailer licensing. Kratom and its compounds are not listed in Delaware's controlled-substance schedules. HS 1 for HB 332 (153rd G.A.), amending Title 16; 16 Del. C. §§ 4714-4722 |
| Florida | Kratom is legal for adults in Florida under the Florida Kratom Consumer Protection Act (2023). It is unlawful to sell, deliver or give any kratom product (food, supplement or beverage containing Mitragyna speciosa leaf or its extracts or alkaloids) to anyone under 21; a violation is a second-degree misdemeanor (up to 60 days). Kratom and its alkaloids are not listed in the statutory controlled-substance schedules. Fla. Stat. § 500.92; § 893.03 |
| Idaho | Kratom (mitragynine) is not listed in any schedule of Idaho's Uniform Controlled Substances Act. A 2026 bill to create an Idaho Kratom Consumer Protection and Safety Act (S1418aa) failed in the Senate 15-20 on March 30, 2026, so no state kratom regulation (age limit or labeling) was enacted that session. Idaho Code title 37, chapter 27; 2026 Senate Bill S1418aa (failed) |
| Illinois | Kratom is legal for adults in Illinois but restricted for minors under the Kratom Control Act. 'Kratom' includes any part of the Mitragyna speciosa plant and its compounds, including mitragynine and 7-hydroxymitragynine. A minor under 18 may not knowingly buy or possess any product containing kratom or use a false ID to get it (Class B misdemeanor, up to 6 months in jail), and no one may sell, buy for, give samples of or furnish kratom to a minor under 18 (Class B misdemeanor with a fine of at least $500). Kratom is not listed in Illinois' controlled-substance schedules. 720 ILCS 642/1, 642/5 (entire Act); 720 ILCS 570/204, 206, 208, 210, 212 |
| Indiana | Kratom's main alkaloids are illegal in Indiana: mitragynine and 7-hydroxymitragynine are listed in the state's definition of 'synthetic drug', and synthetic drugs are Schedule I controlled substances. Possessing a Schedule I substance is a Class A misdemeanor (up to 1 year), or a Level 6 felony if an enhancing circumstance applies; manufacturing or delivering it is dealing in a Schedule I controlled substance, a Level 6 felony or higher depending on amount. IC 35-31.5-2-321; IC 35-48-2-4(g); IC 35-48-4-7(a)-(b); IC 35-48-4-2 |
| Iowa | Kratom (mitragynine) is not listed in Iowa's controlled substances schedules, so it is not a controlled substance under state law. A 2026 bill to make kratom a Schedule I controlled substance (HF 2133) passed the Iowa House 69-26 on March 17, 2026, but it was not passed by the Senate; an amendment to instead allow sales only to people 21 and older with labeling and registration rules failed in the House 44-51. Iowa Code chapter 124 (Iowa Code 2026); 2026 House File 2133 (status: passed House) |
| Kansas | Kratom (mitragynine) is not listed in any of Kansas's controlled substance schedules (Schedules I through V), so it is not a controlled substance under state law. A 2025 bill to enact a Kratom Consumer Protection Act (HB 2230) died without a committee hearing, so Kansas has no state age limit or labeling law for kratom from that bill. K.S.A. 65-4105, 65-4107, 65-4109, 65-4111, 65-4113; 2025-26 HB 2230 (died) |
| Kentucky | Kratom is legal but regulated in Kentucky until July 1, 2027. Kratom processors and retailers may not sell kratom extracts or products to anyone under 21, or sell products that are adulterated, contain synthetic alkaloids, or have 7-hydroxymitragynine above 2% of the alkaloid content; violations carry civil penalties of up to $500 for a first offense and $1,000 for later offenses. Separately, 7-hydroxymitragynine (7-OH) concentrated above 400 parts per million is a Schedule I controlled substance (this does not apply to mitragynine). Under a 2026 law, starting July 1, 2027, kratom processors and retailers may not sell or make available any kratom, kratom extract or kratom product, with civil penalties raised to up to $5,000 for a first offense. KRS 217.2202, 217.2207 (versions effective until and from July 1, 2027); 902 KAR 55:015, Section 1(2)(c); 2026 Ky. Acts ch. 161, secs. 114-115 |
| Louisiana | Kratom is banned in Louisiana. Mitragynine and 7-hydroxymitragynine are listed in Schedule I, and a separate law makes it a crime to possess, make or sell kratom (any substance from the leaves of the Mitragyna speciosa tree or containing those chemicals). Possessing 20 grams or less carries a fine of up to $100. Possessing more than 20 grams carries up to $500 and/or six months in parish jail on a first conviction, and up to $1,000 and/or six months on a later conviction. Making or distributing it carries 1 to 3 years and/or a fine of up to $50,000 for less than 500 grams, and 1 to 5 years and/or up to $50,000 for 500 grams or more. La. R.S. 40:966.1; R.S. 40:964 (Schedule I) |
| Maine | Kratom and its main alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in any of Maine's drug schedules (W, X, Y or Z), so possessing kratom is not a scheduled-drug crime under the Maine Criminal Code. 17-A M.R.S. §1102 |
| Maryland | Kratom is legal for adults in Maryland but regulated. A retailer may not sell a kratom product to anyone under 21; may not sell products that are adulterated or contaminated, that have 7-hydroxymitragynine above 2% of the alkaloid content, that contain synthetic kratom alkaloids, or that do not state the mitragynine and 7-hydroxymitragynine content on the label; and may not advertise therapeutic benefits or market to minors. The statute also bars selling a kratom product that has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration. Violations of the sales rules are misdemeanors with up to 90 days and/or a $5,000 fine. Md. Code, Health-Gen. §§21-2E-01 to 21-2E-03 |
| Massachusetts | Kratom and its alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in any of Massachusetts's controlled substance classes (A through E), so possessing kratom is not a controlled substance crime under chapter 94C. G.L. c. 94C, §31 |
| Michigan | Kratom and its alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in Michigan's Schedule 1 of controlled substances. MCL 333.7212 |
| Minnesota | Kratom is legal for adults in Minnesota, but not for people under 21. Since August 1, 2026, selling any amount of kratom (or a substance containing mitragynine or 7-hydroxymitragynine) to a person under 21 is a gross misdemeanor, and a person under 21 who possesses it commits a misdemeanor. Before that date the age was 18. Minn. Stat. §152.027, subd. 7, as amended by Laws 2026, chapter 63 |
| Mississippi | Kratom is legal for adults in Mississippi but regulated. According to the Mississippi State Department of Health, House Bill 1077 took effect July 1, 2025, restricting the sale of kratom products to people under 21 and banning potent synthetic formulations such as 7-hydroxymitragynine. The legislature's bill record describes the act as barring retailers, manufacturers and wholesalers from selling kratom products to anyone under 21, barring people under 21 from buying or possessing them in public places, and letting cities and counties keep or adopt their own kratom bans or restrictions. Kratom was not listed on Mississippi's Schedule I in the code copy read (current as of January 1, 2025). 2025 Miss. H.B. 1077 (eff. July 1, 2025); Mississippi State Department of Health, Health Advisory MSHAN-202507-00604-ADV (July 1, 2025) |
| Nebraska | Kratom is legal for adults in Nebraska and regulated by the Kratom Consumer Protection Act (LB 230, 2025). No one may sell or give a kratom product to a person under 21, online sellers must verify age, and products may not be shaped or packaged to attract children. A lawful 'kratom product' may not contain synthesized kratom alkaloids or more than 2% 7-hydroxymitragynine in its alkaloid content, and may not be smokable, vapable or injectable; products that fail these limits are 'adulterated' and may not be sold. Products must be made in FDA-registered facilities, carry warning labels, and be registered with the Department of Revenue (program start on or before January 1, 2026). Processors and retailers face civil penalties of up to $1,000 for a first violation, up to $5,000 for a second, and $5,000 to $20,000 after that, and cities and counties may not add stricter rules. Neb. Rev. Stat. §§ 71-3801 to 71-3816 |
| Nevada | Kratom is legal in Nevada but regulated. A person may not knowingly sell a kratom product to anyone under 18, may not sell a kratom product adulterated with a substance that makes it injurious to consumers, and may not sell it without a label listing ingredients and directions for safe use. A 'kratom product' covers products with Mitragyna speciosa leaf containing mitragynine or 7-hydroxymitragynine, or synthetic material containing those alkaloids. Violations carry a civil penalty of up to $1,000 each; the section sets no criminal penalty. A retailer who relied in good faith on the manufacturer's or distributor's representations has a defense to the adulteration rule. NRS 597.998 (added 2019) |
| New Mexico | Kratom is not a controlled substance under New Mexico's Controlled Substances Act: neither kratom (Mitragyna speciosa) nor mitragynine appears in the statutory schedules I through V or anywhere else in Chapter 30 of the NMSA. NMSA 1978, 30-31-6 to 30-31-10 (whole of Chapter 30 searched) |
| North Dakota | Plant kratom is legal for adults 21 and older but treated like tobacco: selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18-20 and an infraction for ages 14-17. Concentrated 'kratom alkaloid derivatives' are Schedule I controlled substances: kratom plant material with more than 0.05 percent 7-hydroxymitragynine by dry weight, and synthetic or processed products (extracts, concentrates, edibles, pressed pills) with more than 0.05 percent or more than one milligram of 7-hydroxymitragynine. Possessing a kratom alkaloid derivative is an infraction for a first offense, a Class A misdemeanor for a second and a Class C felony for a third or later; ingesting one is an infraction for a first offense and a Class A misdemeanor after that. N.D.C.C. 12.1-31-03(1)-(2); 19-03.1-05 (Schedule I, kratom alkaloid derivatives); 19-03.1-22.3(3); 19-03.1-23(7)(e) |
| Ohio | Natural kratom leaf (raw, dried or ground into powder) is legal to sell and possess in Ohio; sellers must comply with the Pure Food and Drug Act (R.C. Chapter 3715). Mitragynine-related compounds, whether synthetic or naturally occurring, including 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl, MGM-15 and 7-acetoxymitragynine, are Schedule I controlled substances (emergency rule effective December 12, 2025; permanent rule effective May 19, 2026), and kratom extracts and tinctures are illegal. Blended kratom products (kratom mixed with other ingredients such as water, kava or caffeine) became illegal effective August 4, 2026, according to the Board of Pharmacy, which cites a Franklin County Common Pleas Court case. Ohio Adm. Code 4729:9-1-01.1 (eff. May 19, 2026) |
| Oklahoma | Kratom is legal but regulated under the Oklahoma Kratom Consumer Protection Act. Vendors may not sell kratom to anyone under 18, and products must be labeled (ingredients, alkaloid amounts, serving directions, a habit-forming warning and a notice that sale to under-18s is prohibited). Products may not contain more than 1% 7-hydroxymitragynine in the alkaloid fraction, synthesized kratom alkaloids, controlled substances or dangerous contaminants. Violations bring administrative penalties of up to $500 (first) and $1,000 (second); a third offense bars the vendor from selling kratom for 3 years, and selling during that ban is a misdemeanor punishable by up to 1 year in jail and/or a $2,000 fine. 63 O.S. §§ 1-1432.1 to 1-1432.5 |
| Oregon | Kratom is legal in Oregon but regulated under the Oregon Kratom Consumer Protection Act. Retailers may not sell kratom products to anyone under 21; each violation is a Class C misdemeanor (up to 30 days and a $1,250 fine). Wholesale processors must register with the Department of Revenue and certify that their products are third-party tested for adulteration, and selling without registering brings civil penalties of up to $500 for a first offense and $1,000 after that. ORS 475.392 to 475.404 |
| Rhode Island | Kratom is legal but tightly regulated under the Rhode Island Kratom Act, effective April 1, 2026. Sellers need a license; kratom may not be sold or given to anyone under 21, photo ID is required for every purchase, and products must be kept behind the counter. Banned products include kratom foods and drinks, vape or injectable forms, products with synthetic alkaloids, candy-like products, and products above set mitragynine and 7-hydroxymitragynine limits; labels must carry health warnings. Violations bring Department of Health fines of up to $1,000 (first) and $2,000 (second), license revocation on a third violation, and a $5,000 fine for selling without a license. R.I. Gen. Laws §§ 21-28.12-3, 21-28.12-4, 21-28.12-5, 21-28.12-8, 11-9-13 |
| South Dakota | Kratom is legal for adults in South Dakota but regulated. Selling or giving a kratom product to anyone under 21, or an under-21 buying, possessing or using one, is a Class 2 misdemeanor. It is also a Class 2 misdemeanor to sell kratom products with more than 2% 7-hydroxymitragynine in the alkaloid fraction, with synthetic kratom alkaloids or harmful additives, or without labels showing serving size, mitragynine and 7-hydroxymitragynine content and a health warning. SDCL 34-20B-1(13)-(14), 34-20B-115, 34-20B-115.1 |
| Tennessee | Kratom is banned in Tennessee as of July 1, 2026. Under House Bill 1649 ('Matthew Davenport's Law'), signed April 16, 2026, state law prohibits the possession, sale, manufacture and distribution of kratom (any part of the Mitragyna speciosa plant containing mitragynine or 7-hydroxymitragynine, their synthetic equivalents, or substances derived from the plant containing them). Knowingly possessing kratom is a Class A misdemeanor (up to 11 months, 29 days and/or $2,500); manufacturing, delivering or selling it is a Class C felony (3 to 15 years, fine up to $10,000); and selling it to a minor, by an adult at least two years older, is a Class B felony (8 to 30 years, fine up to $25,000). House Bill 1649 (2026), effective July 1, 2026, as described by the Metropolitan Government of Nashville; Tenn. Code Ann. § 40-35-111 |
| Texas | Kratom is legal for adults in Texas and regulated as a food product. Selling, distributing or exposing a kratom product for sale to someone younger than 18 is a Class C misdemeanor (fine up to $500). Kratom products must carry use directions and a serving size, and may not be adulterated or contaminated, contain synthetic alkaloids (including synthetic 7-hydroxymitragynine), or contain 7-hydroxymitragynine above two percent of the product's overall alkaloid composition. Violations also carry civil penalties of $250 for a first violation, $500 for a second and $1,000 for each later one. Tex. Health & Safety Code §§ 445.001-445.005; Tex. Penal Code § 12.23 |
| Utah | Kratom is legal but tightly regulated in Utah. Processors and retailers may sell only registered 'pure leaf kratom' (plant matter with no kratom extract and no more than 0.4% 7-hydroxymitragynine of total kratom alkaloids) labeled with its mitragynine and 7-hydroxymitragynine content; violating this is a class B misdemeanor for a first violation, a class A misdemeanor for a second and a third degree felony after that. Retailers must register with the Department of Agriculture and Food and be licensed as a retail tobacco specialty business. Selling kratom to anyone under 21 is a class A misdemeanor for each violation. Utah Code §§ 4-45-102, 4-45-104, 4-45-105 |
| Virginia | Kratom is legal for adults in Virginia but regulated as a consumer protection matter. It is a prohibited practice to sell kratom to anyone under 21; to sell products without an ingredient list and a required warning label; to store them where customers can reach them (except refrigerated items kept with wine and beer); or to sell products with synthetic or semi-synthetic alkaloids, with 7-hydroxymitragynine above one percent of total alkaloids or more than one milligram per serving, that are adulterated, combustible or meant for vaping or injection, or that are marketed in a way attractive to children. Va. Code § 59.1-200(A)(77) (Virginia Consumer Protection Act) |
| West Virginia | Legal for adults 21 and older, under a permit system run by the Commissioner of Agriculture. Anyone who makes, processes, distributes or sells kratom needs a permit, products and labels must be approved, and online sellers must verify that buyers are 21 or older. The law defines a 'kratom product' as the natural leaf in simple physical form and excludes products synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. Selling without a permit is a misdemeanor (up to 1 year and/or $1,000; felony for repeat violations); knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses kratom commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony. W. Va. Code §§ 19-12F-3, 19-12F-4, 19-12F-6, 19-12F-9a, 19-12F-11 |
| Wisconsin | Illegal. Mitragynine and 7-hydroxymitragynine, the active compounds in kratom, are Schedule I controlled substances in Wisconsin. Possessing them falls under the general drug-possession provision, a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both. Wis. Stat. §§ 961.14(7)(mk), (mL), 961.41(3g)(b), 939.61(2) |
| Wyoming | Legal for adults 21 and older, with regulation effective July 1, 2026. It is a misdemeanor (up to 1 year and/or $1,000) to sell or distribute a kratom product that is adulterated, sold to someone under 21, has 7-hydroxymitragynine above 2 percent of its alkaloid content, looks like candy or appeals to children, or is meant to be smoked or vaped; to sell without the required label (ingredients, warnings, serving directions and mitragynine and 7-OH amounts); or to display it where people under 21 can reach it. Retailers with three or more violations in two years can be barred from selling kratom for up to 180 days. W.S. 35-7-2201, 35-7-2202 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.