Is Kratom Legal in My State?
State-by-State Kratom Legality Guide — Updated October 2026
Natural kratom leaf is legal at the U.S. federal level but regulated state-by-state. As of November 2026, 11 states ban kratom outright (Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, North Dakota, Tennessee, Vermont, and Wisconsin) and California has a de facto commercial ban via CDPH administrative action. Kansas and Tennessee bans both took effect July 1, 2026. North Dakota banned kratom by executive order effective August 5, 2026; HB 1628 (signed September 4) then banned synthetic kratom derivatives and created a licensed 21+ market for natural leaf, but sales stay prohibited until the Attorney General finishes rules (expected 2027). Natural kratom leaf is not federally controlled, but the DEA has begun scheduling kratom-derived compounds: mitragynine pseudoindoxyl, MGM-15 and MGM-16 have been temporary Schedule I substances since August 26, 2026, and a revised order covering 7-OH above a set concentration can issue on or after November 13, 2026. Michigan's ban bill (HB 5537) passed the House but remains pending in the Senate — kratom is still legal there. Rhode Island reversed its 2017 ban on April 1, 2026 — the first state ever to do so. More than a dozen states regulate kratom under the Kratom Consumer Protection Act (KCPA) instead of banning it. City- and county-level restrictions exist in otherwise-legal states, so always verify local laws before purchase, travel, or shipping.
Kratom (Mitragyna speciosa) leaf is legal at the federal level in the United States but regulated differently by each state. The DEA attempted an emergency Schedule I scheduling of kratom in 2016 and withdrew it after unprecedented public and scientific opposition[1]. In 2026 the DEA moved against concentrated and semi-synthetic kratom compounds instead of the leaf itself (see the 7-OH section below). Some states have banned kratom, while others have passed the Kratom Consumer Protection Act (KCPA) to regulate quality and safety standards[2]. Use the guide below to check your state's status.
Where is kratom legal in the United States?
Kratom is legal in most of the United States. As of 2026, kratom is legal to buy, possess, and use in 39 states and Washington, D.C. — every state except the eleven that ban it (Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, North Dakota, Tennessee, Vermont, and Wisconsin). Natural kratom leaf is also legal at the federal level, so it can be purchased online and shipped to any state that has not banned it.
One exception: California does not criminalize personal possession, but a California Department of Public Health administrative action created a de facto commercial ban, so kratom generally cannot be sold there. Several legal states also regulate kratom under the Kratom Consumer Protection Act (KCPA), and some cities or counties set their own rules — always verify local law before buying, traveling, or shipping.
Which U.S. states have banned kratom?
As of November 2026, kratom is banned in 11 U.S. states, plus California's de facto commercial ban via CDPH administrative action. Possession, sale, and/or distribution of kratom is illegal in these states. State bans have accelerated markedly in 2025–2026: Louisiana (August 2025), California's administrative commercial ban (October 2025), Connecticut (March 2026), Kansas and Tennessee (both effective July 1, 2026), North Dakota (executive order, effective August 5, 2026), and Massachusetts (DPH emergency order, effective August 28, 2026) have all been enacted within the last year, while Rhode Island moved in the opposite direction by reversing its 2017 ban on April 1, 2026[3].
Kratom is illegal in these 11 states (as of 2026):
- Alabama
- Arkansas
- Connecticut
- Indiana
- Kansas
- Louisiana
- Massachusetts
- North Dakota
- Tennessee
- Vermont
- Wisconsin
In addition, California has a de facto commercial ban on kratom via CDPH administrative action (October 2025).
Alabama
Classified kratom alkaloids as Schedule I controlled substances in 2016.
Arkansas
Added mitragynine and 7-hydroxymitragynine to the state's controlled substances list in 2015.
California
De facto ban via administrative action. CDPH declared kratom and 7-OH products illegal to sell or manufacture effective October 24, 2025. Enforcement campaign reported 95% retailer compliance by March 2026 (3,300+ products pulled from shelves).
Connecticut
Classified kratom as a Schedule I controlled substance effective March 25, 2026. HB 6855 signed by Governor.
Indiana
Banned kratom's primary alkaloids as synthetic drugs in 2014.
Kansas
HB 2365 signed by Gov. Laura Kelly on April 10, 2026. Schedules kratom alkaloids under the state's Uniform Controlled Substances Act (K.S.A. 65-4105). Ban in effect as of July 1, 2026.
Louisiana
Banned kratom statewide effective August 1, 2025. Schedule I classification.
Massachusetts
Banned by emergency public health order, not statute. DPH Commissioner Robbie Goldstein signed the order August 13, 2026; after a 14-day notice period it took effect August 28, 2026, prohibiting sale, distribution and possession. It covers Mitragyna speciosa in any form plus mitragynine, 7-OH, mitragynine pseudoindoxyl, MGM-15 and MGM-16 — there is no natural-leaf exemption, so plain powder and capsules are in scope. The order is valid for up to one year, through August 28, 2027, so this status may change.
North Dakota
No legal sales while licensing rules are written. Gov. Kelly Armstrong banned all kratom by executive order effective August 5, 2026. In the September special session the House rejected a permanent total ban (SB 2408) 46-47 and the Legislature passed HB 1628, signed September 4, 2026. It bans synthetic kratom derivatives (7-OH, mitragynine pseudoindoxyl, MGM-15, MGM-16) and creates a licensed market for natural leaf: 21+ only, lab-tested, labeled, with a 0.05% 7-OH cap. Kratom cannot legally be sold until the Attorney General adopts the licensing rules, which officials expect to take about six months, so this status will change in 2027.
Tennessee
HB 1649 ("Matthew Davenport's Law") signed by Gov. Bill Lee on April 16, 2026. Makes knowing possession a Class A misdemeanor and manufacturing/sale a Class C felony. Ban in effect as of July 1, 2026.
Vermont
Added mitragynine and 7-HMG to the state's regulated drug list in 2016.
Wisconsin
Listed mitragynine and 7-HMG as Schedule I controlled substances in 2014.
Which states have kratom restrictions or active ban threats in 2026?
Some states allow kratom but with specific regulations, age limits, or local bans. Others currently face active legislative threats to ban or heavily restrict kratom in 2026. A 2024 analysis of nationally representative U.S. use data found that state policy environment (ban vs. KCPA vs. no law) is associated with measurable differences in consumer use patterns and perceived product safety — meaning state-level action has real downstream effects on how consumers actually buy and use kratom[2].
Illinois
Legal 18+. HB 4737 (Illinois Kratom Consumer Protection Act) is active in 2026 and would repeal the 2014 Kratom Control Act in favor of stronger KCPA-style consumer protections.
Maryland
Legal, with new limits. HB 1523 / SB 820 (Chapters 354 and 355, effective July 1, 2026) let the Alcohol, Tobacco and Cannabis Commission cite retailers and seize noncompliant kratom: products with excessive 7-OH, synthetic alkaloids or no alkaloid disclosure.
Delaware
Legal 21+. House Substitute 1 for HB 332, signed September 8, 2026, bars sales to anyone under 21 and orders a state report on testing and retailer licensing by January 2027.
Michigan
Legal, but under active threat. HB 5537 passed the House 56–48 on March 18, 2026 and was referred to the Senate Government Operations Committee, where it remains pending. If enacted it would criminalize manufacture, sale, and distribution of kratom (first-offense: up to 90 days jail / $5,000 fine). Not yet law — kratom is currently legal in Michigan.
Ohio
Natural leaf only. Ohio Board of Pharmacy rule OAC 4729:9-1-01.1, in force since May 19, 2026, places mitragynine-related compounds in Schedule I and exempts only mitragynine in vegetation form (natural kratom leaf and ground leaf). Extracts, shots, gummies, extract tablets and 7-OH products are illegal; a court declined to block the rule in August 2026. Ohio has no KCPA: HB 236 passed the House but was never enacted. The Board has also proposed scheduling natural kratom, but has not adopted that rule.
Minnesota
Legal with a 21+ age requirement (HF 3453, signed May 5, 2026).
Rhode Island
Ban reversed April 1, 2026. Governor signed the Rhode Island Kratom Act in July 2025. New framework: retailer licensing, 21+ age requirement, mandatory product testing, bans on synthetic 7-OH. First U.S. state to reverse a prior kratom ban.
Which states restrict 7-hydroxymitragynine (7-OH) in 2026?
7-hydroxymitragynine (7-OH) is a minor kratom alkaloid, and its legal status is frequently different from that of natural kratom leaf — several states allow leaf while banning concentrated or isolated 7-OH. Federally, the DEA temporarily placed three kratom-derived compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in Schedule I effective August 26, 2026. On October 14, 2026 it withdrew its July notice on 7-OH and published a new notice of intent covering 7-OH and mitragynine pseudoindoxyl above a revised concentration threshold recommended by HHS; that temporary order can publish on or after November 13, 2026 and takes effect the day it publishes. Natural kratom leaf and mitragynine are not federally scheduled. At the state level, 27 of 51 jurisdictions already restrict 7-OH in some form.
Because 7-OH is regulated separately from leaf in many states, we maintain a dedicated map and table for it rather than folding it into this page.
See the full 7-OH legality map & state table →
For the underlying pharmacology — what 7-OH is, how isolates are made, and how to read an alkaloid panel — see What Is 7-OH? For live bill and rule activity, see our kratom legislation tracker.
What is the Kratom Consumer Protection Act (KCPA)?
What Is the KCPA?
The Kratom Consumer Protection Act is model legislation developed by the American Kratom Association (AKA) to regulate the kratom industry at the state level. Rather than banning kratom, the KCPA creates a framework for safe, legal kratom commerce — addressing the real-world quality-control gaps documented in unregulated markets, including heavy-metal contamination and inaccurate alkaloid labeling[4].
Key provisions of the KCPA include:
- Prohibiting the sale of adulterated or contaminated kratom products
- Requiring accurate product labeling (including alkaloid content)
- Setting age restrictions (typically 18+ or 21+)
- Banning the addition of synthetic alkaloids or dangerous substances
- Establishing penalties for vendors who violate standards
States with a KCPA or equivalent statewide kratom regulation law (17 states):
Several additional states have KCPA bills pending or under consideration. The AKA actively advocates for KCPA adoption in all 50 states as an alternative to outright bans. A 2026 Public Health Reports commentary notes that KCPA drafting predates the current wave of ready-to-drink kratom beverages, meaning states without active KCPA enforcement now see these products sold without alkaloid disclosure, age verification, or contaminant testing[5].
What is the complete state-by-state kratom legal status?
Alphabetical listing of all 50 states with current kratom legal status and notes.
| State | Status | Details |
|---|---|---|
| Alabama | BANNED | Schedule I since 2016. Possession is illegal. |
| Alaska | LEGAL | No restrictions on kratom. |
| Arizona | LEGAL + KCPA | KCPA enacted. Age 18+ required. |
| Arkansas | BANNED | Controlled substance since 2015. |
| California | BANNED (DE FACTO) | CDPH declared kratom and 7-OH illegal to sell/manufacture Oct 24, 2025. 95% retailer compliance by March 2026. |
| Colorado | LEGAL + KCPA | Regulated (SB22-120; SB25-072). 21+, 7-OH capped at 2% of alkaloids. Castle Rock bans retail sales. |
| Connecticut | BANNED | Schedule I since March 2026. HB 6855. |
| Delaware | RESTRICTED | Legal 21+. HS 1 for HB 332 signed Sept 8, 2026. |
| Florida | LEGAL + KCPA | KCPA enacted. 21+ required. Attorney General emergency rules (2025, expanded June 2026) cap 7-OH and related alkaloids at 1 mg per gram. Sarasota County local ban. |
| Georgia | LEGAL + KCPA | KCPA enacted. Must be 18+. |
| Hawaii | LEGAL | No restrictions. |
| Idaho | LEGAL | Legal. 2026 regulation and ban bills all failed. |
| Illinois | RESTRICTED | Legal 18+ but ban bill HB 4930 active. |
| Indiana | BANNED | Banned since 2014. |
| Iowa | LEGAL | Legal. A 2026 Schedule I bill (HF 2133) passed the House but died in the Senate. |
| Kansas | BANNED | HB 2365 signed by Gov. Kelly. Schedule I. In effect July 1, 2026. |
| Kentucky | LEGAL + KCPA | KCPA enacted (HB 293, 2024). 21+ required. Statewide ban enacted via HB 757 takes effect January 1, 2027. |
| Louisiana | BANNED | Banned since August 2025. Schedule I. |
| Maine | LEGAL | No restrictions. |
| Maryland | RESTRICTED | Legal. HB 1523 (Ch. 354, effective July 1, 2026) bans noncompliant kratom (excess 7-OH, synthetics, no alkaloid disclosure). |
| Massachusetts | BANNED | Sale, distribution and possession prohibited by DPH emergency order effective August 28, 2026. No natural-leaf exemption. |
| Michigan | RESTRICTED | Legal. Ban bill HB 5537 passed the House March 2026, pending in the Senate. Not law. |
| Minnesota | LEGAL | Legal. 21+ age requirement (HF 3453, 2026). |
| Mississippi | LEGAL + KCPA | Regulated by HB 1077 (2025). 21+, synthetic and high-7-OH products banned. Tupelo and Lee County ban kratom. |
| Missouri | LEGAL | Legal statewide. Kansas City bans 7-OH and requires 21+. |
| Montana | LEGAL | No restrictions. |
| Nebraska | LEGAL + KCPA | KCPA (LB 230, 2025), amended by LB 901 (2026). |
| Nevada | LEGAL + KCPA | KCPA enacted. Regulated sales. |
| New Hampshire | LEGAL | Legal for 18+. |
| New Jersey | LEGAL | Legal. A bill to make 7-OH Schedule I (S301/A1636) is pending. |
| New Mexico | LEGAL | No restrictions. |
| New York | RESTRICTED | Legal 21+ with mandatory warning labels (2025 laws). A 7-OH sales ban (S8925A) passed the Legislature in June 2026 and awaits the Governor. Rensselaer County bans all kratom sales and Albany County has a temporary health order; Dutchess County bans concentrated 7-OH only. |
| North Carolina | LEGAL | No restrictions. |
| North Dakota | BANNED | Banned by executive order August 5, 2026. HB 1628 (signed Sept 4, 2026) bans synthetics and will license 21+ natural-leaf sales, but no sales are legal until rules are adopted (expected 2027). |
| Ohio | RESTRICTED | Natural leaf only. Board of Pharmacy rule (May 19, 2026) makes extracts, shots, gummies and 7-OH Schedule I. No KCPA. |
| Oklahoma | LEGAL + KCPA | KCPA enacted. |
| Oregon | LEGAL + KCPA | Oregon Kratom Consumer Protection Act (HB 4010, 2022). 21+, processor registration. |
| Pennsylvania | LEGAL | No restrictions. |
| Rhode Island | LEGAL + KCPA | Ban reversed April 1, 2026. KCPA framework: 21+, retailer licensing, product testing. |
| South Carolina | KCPA | South Carolina Kratom Consumer Protection Act enacted as Act No. 35 (signed May 12, 2025). Legal with age, labeling, and purity requirements. |
| South Dakota | LEGAL | Legal 21+. 2026 ban bills (HB 1151, SB 77) failed. |
| Tennessee | BANNED | HB 1649 (Matthew Davenport's Law) signed by Gov. Lee April 16, 2026. In effect July 1, 2026. |
| Texas | LEGAL + KCPA | HSC Chapter 444 (SB 497, 2023): 2% 7-OH cap, no synthetics, labeling. SB 1868 died in 2025. |
| Utah | LEGAL + KCPA | First state to pass KCPA (2019). |
| Vermont | BANNED | Banned since 2016. |
| Virginia | LEGAL + KCPA | KCPA enacted. |
| Washington | RESTRICTED | Legal statewide. City sales bans in Mount Vernon, Bellingham and several smaller cities; Moses Lake 21+. |
| West Virginia | LEGAL + KCPA | KCPA enacted. |
| Wisconsin | BANNED | Schedule I since 2014. |
| Wyoming | LEGAL + KCPA | KCPA (SF0056, 2026). 21+, labeling, potency caps. |
State-by-State Kratom Legality Guides
Dive deeper into kratom laws for specific states with our detailed guides covering local regulations, purchasing options, and recent legislative changes.
Frequently Asked Questions
Natural kratom leaf, yes. The kratom plant and its main alkaloid, mitragynine, are not federally scheduled; the DEA proposed scheduling them in 2016 but withdrew after public backlash. Some kratom-derived compounds are now federally controlled: mitragynine pseudoindoxyl, MGM-15 and MGM-16 became temporary Schedule I substances on August 26, 2026, and a revised DEA order covering concentrated 7-OH can take effect on or after November 13, 2026. Legality of the leaf is decided at the state and local level.
As of November 2026, kratom is banned in 11 states: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, North Dakota, Tennessee, Vermont, and Wisconsin. Connecticut's ban took effect March 2026; Kansas and Tennessee July 1, 2026; Louisiana August 2025; North Dakota by executive order August 5, 2026 (HB 1628 will license natural-leaf sales once rules are adopted, expected 2027); Massachusetts by DPH emergency order August 28, 2026. California has a de facto commercial ban via CDPH administrative action (Oct 2025). Kansas (HB 2365) and Tennessee (HB 1649) bans both took effect July 1, 2026. Michigan's ban bill (HB 5537) passed the House but is still pending in the Senate — kratom remains legal there. Rhode Island reversed its 2017 ban on April 1, 2026.
The KCPA is model legislation that regulates kratom rather than banning it. It requires product labeling, prohibits adulterated products, sets age limits, and bans synthetic additives. Seventeen states have a KCPA or equivalent statewide regulation law: Arizona, Colorado, Florida, Georgia, Kentucky (until its ban takes effect January 1, 2027), Mississippi, Nebraska, Nevada, Oklahoma, Oregon, Rhode Island, South Carolina, Texas, Utah, Virginia, West Virginia, and Wyoming.
You can travel with kratom only where it is legal. Check the laws of your departure state, destination, and any states you'll pass through. For international travel, verify the destination country's laws — kratom is banned in several countries including Australia, Thailand (though recently decriminalized), and many European nations.
Yes, kratom laws can change. Bills to ban or regulate kratom are introduced regularly in various states. Conversely, states with bans may consider overturning them. Stay informed through the American Kratom Association and local legislative tracking.
Two major 2026 bans have now taken effect: Kansas (HB 2365) and Tennessee (HB 1649) both became illegal on July 1, 2026. Michigan (HB 5537) passed the House in March 2026 but remains pending in the Senate and is not yet law. California's CDPH-led commercial ban has achieved 95% retailer compliance. North Dakota rejected a permanent total ban in September 2026 in favor of licensing natural leaf. Iowa's ban bill (HF 2133) passed the House but died in the Senate. Ohio's Board of Pharmacy rule, in force since May 19, 2026, bans every kratom product except natural leaf and ground leaf.
In 2026, Senator Ricketts is leading a group of U.S. senators urging the FDA to take action on kratom scheduling at the federal level. The American Kratom Association is mobilizing opposition through americanadvocacy.org.
References
- U.S. Drug Enforcement Administration. Withdrawal of notice of intent to temporarily place mitragynine and 7-hydroxymitragynine into Schedule I. Federal Register. 2016;81(198):70652–70654. DEA Docket No. DEA-442. Federal Register
- Ellis MS, Buttram ME, Forber A, et al. Associations between kratom-related state policy environments and kratom use in a nationally representative population in the United States. Journal of Psychoactive Drugs. 2024;56(3):333–341. PubMed 37306164
- Swogger MT, Smith KE, Garcia-Romeu A, et al. Current perspectives on the impact of Kratom use. Substance Abuse and Rehabilitation. 2022;13:25–31. PubMed 35308216
- Prozialeck WC, Fowler AK, Edwards JR. Public health implications and possible sources of lead (Pb) as a contaminant of poorly regulated kratom products in the United States. Toxics. 2022;10(7):398. PubMed 35878303
- Perry T, Chin S. The unregulated rise of kratom drinks: emerging challenges and policy recommendations. Public Health Reports. 2026. PubMed 41527301
- Henningfield JE, Grundmann O, Huestis MA, et al. Kratom safety and toxicology in the public health context: research needs to better inform regulation. Frontiers in Pharmacology. 2024;15:1403140. PubMed 38887550
- Hill K, Gibson S, Grundmann O, et al. Evaluating health information provided to kratom consumers by good manufacturing practice-qualified vendors. Substance Abuse Treatment, Prevention, and Policy. 2023;18(1):21. PubMed 37041624
- World Health Organization Expert Committee on Drug Dependence. 44th ECDD critical review report: kratom (Mitragyna speciosa), mitragynine, and 7-hydroxymitragynine. Geneva: WHO; 2021. WHO ECDD 44
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