Is kratom legalin New York?

Kratom is legal in New York State with a 21+ age restriction under S4552A/A2340A, plus consumer warning label requirements under S8285/A5852A. A statewide 7-OH bill, S8925A, passed both chambers unanimously in June 2026, 61 to 0 on the Senate floor, but it has not been delivered to the Governor, so no signing or veto clock is running and no deadline can be predicted; it would bar the retail sale of products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving, reaching concentrated and synthetic 7-OH products rather than natural leaf. Nassau County passed a full ban March 9, 2026 (first NY county-level ban). Washington County has since followed and now prohibits kratom sales and distribution county-wide. Albany County is the fourth: the Albany County Department of Health signed Commissioner's Emergency Public Health Order No. 1 of 2026 on August 24, 2026, effective 12:01 a.m. September 1, 2026, prohibiting the sale, offer for sale, distribution, marketing, and delivery of all kratom products county-wide, natural leaf included. Section 2(1) of that order expressly reaches online platforms delivering into the county. It is a health order rather than a local law: it remains in effect until the Commissioner determines the danger has abated, until it is superseded by local law, or until an effective state or federal prohibition, and is reviewed at least every 30 days. Hudson Valley Botanicals no longer ships to Albany County addresses as of September 1, 2026. Oneida County has an active ban: the county Health Department issued a public health order prohibiting the sale of kratom and kratom-derived products county-wide, effective June 5, 2026, and on August 12, 2026 the Board of Legislators unanimously approved the local law County Executive Anthony Picente introduced June 30 to codify the ban. Dutchess County adopted a 7-OH restriction rather than a ban: the County Legislature wrote and unanimously adopted its own narrower measure, Resolution 2026136, on August 10, 2026, and County Executive Sue Serino signed it as Dutchess County Local Law No. 6 of 2026, "Prohibiting the Sale and Distribution of Concentrated and Synthetic 7-Hydroxymitragynine (7-OH) Kratom Products in Dutchess County." It restricts products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving, exempts prescription and FDA-approved products, is enforced by the county Health Department, and is void if a state law covering the same ground takes effect. It takes effect once it is filed with the Secretary of State. Plain leaf kratom is not restricted there. Oswego County adopted Local Law No. 7 of 2026, "A Local Law Regarding the Sale of Kratom Within the County of Oswego," on September 10, 2026 by Resolution No. 226, 21 to 0 with 4 absent, after a public hearing that evening. It is a retail rule, not a ban: sales to anyone under 21 are unlawful, kratom at retail must be kept behind the checkout counter or in a locked cabinet, no kratom may be sold within 500 feet of any building used for school purposes, and violations carry $500 for a first offense and $1,000 for a repeat within 18 months, enforced by the Oswego County Health Department and/or Board of Health. It takes effect December 9, 2026, the 90th day after adoption, becomes void once the State enacts the same or substantially similar provisions, and has no clause aimed at sellers shipping into the county. Plain leaf stays legal there for adults 21 and over. The same night the Legislature adopted Resolution No. 227 urging the State to add kratom and its derivatives to the state controlled substances schedules. Rensselaer County is the fifth county with a full ban in force, and three further county measures are proposed and not adopted. Rensselaer County's Local Law No. 1 of 2026, introduced August 11, 2026 as Local Law T-4 by eleven of the nineteen legislators, prohibits the sale and distribution of kratom county-wide, natural leaf and synthetic alike, exempting only FDA-approved products and pharmacy-dispensed kratom, neither of which currently exists. A public forum was held September 2, 2026 in the Legislative Chambers in East Greenbush, with testimony both supporting the ban and urging a narrower approach limited to synthetics, and the Legislature adopted the law unamended on September 8, 2026 with fifteen votes in favour. A motion to table and a floor amendment adding a sunset clause both failed, and the argument for banning synthetics and leaving natural leaf alone was made on the floor but never put to a vote. County Executive Steven F. McLaughlin held the required public hearing on September 24, 2026 and then approved the law. It was filed with the Secretary of State on October 14, 2026 and, under Section 8, took effect that day. Hudson Valley Botanicals no longer ships to Rensselaer County addresses as of October 14, 2026. Saratoga County has proposed Local Law Introductory No. 6, Print No. 1 of 2026, "A Local Law to prohibit the sale and distribution of kratom products within the County of Saratoga," which was introduced at the Public Safety Committee on September 1, 2026. If adopted it would prohibit the sale and distribution of all kratom products including natural leaf in powder or capsule form; Section 4(E) is headed "No Exception for Natural Kratom Leaf Products." The Public Safety Committee approved it on September 4, 2026, and on September 15, 2026 the full Board of Supervisors introduced it and set a public hearing, which it held on October 14, 2026 at 40 McMaster Street, Ballston Spa. Eleven people spoke, and the Clerk reported 48 emailed comments from 34 people, 26 opposed and 8 in favor. No vote date was announced at the hearing, but a resolution adopting it unchanged, carried on the Law and Finance Committee's October 14 agenda, was drafted for the Board's October 20, 2026 meeting. Nothing is adopted yet. The town of Clifton Park, inside Saratoga County, adopted its own Local Law No. 13 of 2026 on October 6, 2026 by Resolution 286, 5 to 0. Its title describes a law to prohibit the sale, distribution, possession for sale and public display of kratom and kratom-derived products, but the text attached to the resolution in the Town's meeting packet follows the Dutchess law: it prohibits selling or distributing products with 7-OH above 2 percent of total alkaloids or 1 mg per serving, including products shipped into the town, and plain leaf below those limits is not restricted. It takes effect once it is filed with the Secretary of State. Ulster County has proposed Local Law No. 16 of 2026, amending the Code of the County of Ulster, a bipartisan measure whose lead sponsor is Legislator William Murray. It is narrower than the Saratoga and Rensselaer measures: it would prohibit only concentrated and synthetic 7-hydroxymitragynine above 2 percent of total alkaloids or 1 milligram per serving, and natural leaf is not covered. After legislators voted on September 3, 2026 to postpone consideration of it, the measure returned to the Legislature on September 21, 2026, when Legislature records identified it as Resolution No. 480, offered by Legislator Murray with Legislators Donovan and Kovacs and referred to the Health, Human Services and Human Rights Committee and to the Laws, Rules and Government Services Committee. Murray argued that the recent restrictions in neighboring Dutchess and Sullivan counties could push sales into Ulster. On October 2, 2026 the Legislature posted Resolution No. 480.1, from the same sponsors and referred to the same two committees, which would hold the public hearing on Tuesday, November 17, 2026 at 7:05 PM in the Legislative Chambers, 244 Fair Street, Kingston, instead of October 20; that date is only proposed until both committees and the full Legislature approve the resolution. Hamilton County has proposed Local Law No. 2 of 2026, "A Local Law of the County of Hamilton Prohibiting the Sale and/or Distribution of Kratom in all Forms within Hamilton County." The Board of Supervisors introduced it on October 1, 2026 by Resolution No. 308-26, 9 to 0, and set a public hearing for November 5, 2026 at 11:00 AM at the County Office Complex, Route 8, Lake Pleasant. Modeled on Rensselaer County's law, it would prohibit the sale and distribution of kratom in all forms, natural leaf included, exempting only FDA-approved kratom and kratom dispensed by a pharmacist on a prescription, with civil penalties of up to $500 per item seized and up to $1,000 per item for later violations. It would take effect on filing with the Secretary of State. In Orange County, the Village of Montgomery held a public hearing on October 6, 2026 on a local law that would make it unlawful to sell, offer for sale, distribute or otherwise provide kratom products in the village, natural leaf included. Nothing was adopted: the Board of Trustees asked counsel to remove possession and to add 7-OH and any other natural or synthetic derivative of the kratom plant to the definition, and it takes up the amended draft at its October 20, 2026 meeting. Suffolk County took the opposite approach: the County Legislature voted unanimously to regulate rather than ban, and County Executive Ed Romaine signed the law on July 30, 2026, effective immediately. It limits sales to ages 21 and up, permits only naturally derived kratom products subject to third-party testing, prohibits synthetic versions, and carries penalties up to $1,000 in fines or up to one year for violations.

Local exceptions. Enacted and in force, full county bans reaching all kratom including natural leaf: Nassau County (adopted March 9, 2026) and Washington County prohibit kratom county-wide. Albany County prohibits the sale, offer for sale, distribution, marketing, and delivery of all kratom products county-wide under Commissioner's Emergency Public Health Order No. 1 of 2026 (Albany County Department of Health), signed August 24, 2026 and effective 12:01 a.m. September 1, 2026; Section 2(1) expressly reaches online platforms delivering into the county, and the order stands until the Commissioner determines the danger has abated, until superseded by local law, or until an effective state or federal prohibition, with review at least every 30 days. Oneida County prohibits the sale of kratom county-wide under a Health Department public health order effective June 5, 2026; the Board of Legislators unanimously approved the local law codifying the ban on August 12, 2026. Rensselaer County prohibits the sale and distribution of kratom county-wide, natural leaf included, under Local Law No. 1 of 2026, adopted September 8, 2026 as Local Law T-4 and in force since it was filed with the Secretary of State on October 14, 2026. We do not ship to addresses in any of these five counties. Enacted and in force, a narrower county rule that leaves natural leaf permitted: Suffolk County regulates rather than bans under a county law signed July 30, 2026: sales 21 and up, naturally derived and third-party tested products only, synthetics prohibited. Orders there ship normally. Adopted, not yet in force, and narrower than a ban: Dutchess County Local Law No. 6 of 2026, adopted August 10, 2026 and signed by the County Executive, restricts concentrated 7-OH products above 2 percent of total alkaloids or 1 mg per serving and takes effect once it is filed with the Secretary of State; plain leaf is not restricted. Oswego County Local Law No. 7 of 2026, adopted September 10, 2026, takes effect December 9, 2026; it is not a ban, but bars sales to anyone under 21, requires kratom at retail to be kept behind the counter or in a locked cabinet, and bars sales within 500 feet of a building used for school purposes. The town of Clifton Park, inside Saratoga County, adopted Local Law No. 13 of 2026 on October 6, 2026 by Resolution 286, 5 to 0; its title describes a ban on all kratom, but the text attached to the resolution prohibits only products with 7-OH above 2 percent of total alkaloids or 1 mg per serving, the same limit as Dutchess, and it takes effect once filed with the Secretary of State. Orders to Dutchess, Oswego and Clifton Park addresses ship normally. Proposed, not adopted, and nothing below is in force: Saratoga County has proposed Local Law Introductory No. 6, Print No. 1 of 2026, a full ban that would reach natural leaf in powder or capsule form and whose Section 4(E) is headed "No Exception for Natural Kratom Leaf Products"; it was introduced at the Public Safety Committee on September 1, 2026 and approved by that committee on September 4, 2026, it was introduced at the full Board of Supervisors on September 15, 2026, and the Board held its public hearing on October 14, 2026; a resolution to adopt it unchanged was drafted for the Board's October 20, 2026 meeting. Hamilton County has proposed Local Law No. 2 of 2026, a ban on the sale and distribution of kratom in all forms, natural leaf included, modeled on Rensselaer County's law; the Board of Supervisors introduced it on October 1, 2026 and holds a public hearing on November 5, 2026 at 11:00 AM in Lake Pleasant. Orange County's Legislature voted in December 2025 on a local law barring kratom sales to anyone under 21, but county officials say it did not complete enactment because the state's own under-21 law made it unnecessary, so no county measure is in force there. Within Orange County, the Village of Montgomery held a public hearing on October 6, 2026 on a local law that would make it unlawful to sell, offer for sale, distribute or otherwise provide kratom products in the village, natural leaf included; nothing was adopted, and the Board of Trustees takes up an amended draft at its October 20, 2026 meeting. Ulster County has proposed Local Law No. 16 of 2026, which is a 7-OH measure rather than a ban: it would prohibit only concentrated and synthetic 7-hydroxymitragynine above 2 percent of total alkaloids or 1 milligram per serving, and natural leaf is not covered; legislators voted September 3, 2026 to postpone consideration of it, then took it back up on September 21, 2026 as Resolution No. 480, offered by Legislator William Murray with Legislators Donovan and Kovacs and referred to two committees; Resolution No. 480.1, posted October 2, 2026, would hold the public hearing on Tuesday, November 17, 2026 at 7:05 PM in the Legislative Chambers, 244 Fair Street, Kingston, instead of October 20, a date that is only proposed and still needs committee and Legislature approval. Orders to Saratoga, Hamilton and Ulster counties and the Village of Montgomery ship normally unless and until a measure is adopted and takes effect. Statewide 21+ age restriction and warning-label rules apply elsewhere, and the statewide 7-OH cap bill S8925A has passed both chambers but has not been delivered to the Governor.