Regulatory Reference · New York

Is kratom legal in New York?

Restricted

Yes, with limits. Kratom is legal in New York, but state or local rules restrict how, where, or in what form it can be sold. In our five-category system that is "Restricted": legal with limits on sale, form, or age.

Status last reviewed September 1, 2026. This page reads from the same dataset as our 50-state legality map and updates when it does.

The Detail

What the current New York rules actually say.

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 and awaits the Governor's signature; 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rather than a local law: it remains in effect until the Commissioner determines the danger has abated, until it is superseded by local law, or until an effective state or federal prohibition, and is reviewed at least every 30 days.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, restricting products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving, exempting prescription and FDA-approved products, enforced by the county Health Department, and void if a state law covering the same ground takes effect. Plain leaf kratom is not restricted there. Three further county measures are proposed and none has been adopted. Rensselaer County has a local law introduced August 20, 2026 by Legislator Bruce Patire that would prohibit the sale and distribution of kratom county-wide, natural leaf and synthetic alike, exempting only FDA-approved products and pharmacy-dispensed kratom; it has not been voted on and no public hearing has been scheduled. 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." A public hearing in early October was indicated at that meeting, with a vote intended at the October Board of Supervisors meeting; no exact hearing date has been published. 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 proposals: 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. A public hearing is scheduled for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston; the resolution setting that hearing goes to the full Legislature on September 15, 2026, so the date is scheduled rather than final. 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. We do not ship to addresses in any of these four counties. Enacted and in force, narrower county rules that leave natural leaf permitted: Dutchess County restricts concentrated 7-OH products above 2 percent of total alkaloids or 1 mg per serving under Resolution 2026136, adopted August 10, 2026; plain leaf is not restricted. 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 to both counties ship normally. Proposed, not adopted, and nothing below is in force: Rensselaer County has an introduced but unadopted local law that would ban kratom county-wide including natural leaf, proposed August 20, 2026 and not yet voted on. 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, an early October public hearing was indicated at that meeting with a vote intended at the October Board of Supervisors meeting, and no exact hearing date has been published. 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; a public hearing is scheduled for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston, with the resolution setting that date going to the full Legislature on September 15, 2026. Orders to Rensselaer, Saratoga, and Ulster 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 awaits the Governor's signature.
Ordering

Does Hudson Valley Botanicals ship to New York?

Yes, for customers 21 and over, except Nassau County, Washington County, Oneida County, and Albany County, which have county-level bans. Oneida's Board of Legislators unanimously approved its local law codifying the ban on August 12, 2026. Albany County's 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, distribution, marketing, and delivery of all kratom products county-wide, natural leaf included, with Section 2(1) expressly reaching online platforms delivering into the county; we no longer ship to Albany County addresses as of September 1, 2026. Orders to the rest of New York ship normally. Suffolk County's law signed July 30, 2026 permits only naturally derived, third-party tested kratom for ages 21 and up, standards our products already meet, so Suffolk orders continue normally. Dutchess County adopted Resolution 2026136 on August 10, 2026, which restricts only concentrated 7-OH products and not plain leaf, so Dutchess orders continue normally. Rensselaer County and Saratoga County have proposed full bans that have not been adopted; Saratoga's is Local Law Introductory No. 6, Print No. 1 of 2026, introduced at the Public Safety Committee on September 1, 2026, where an early October public hearing was indicated; no exact date has been published yet. Ulster County has proposed Local Law No. 16 of 2026, which is narrower: it would reach only concentrated and synthetic 7-OH above 2 percent of total alkaloids or 1 mg per serving, not natural leaf, and its public hearing is scheduled for October 20, 2026. Orders to all three counties ship normally unless and until a measure is adopted and takes effect.

Every order is checked against our live shipping-restriction list at checkout, which we update as state and local rules change. Every pouch we ship is lab tested by an independent ISO 17025 accredited laboratory, with the certificate of analysis published in our public archive and searchable by the batch number on the pouch.

New York FAQ

Common questions, answered straight.

Is kratom legal in New York?

Yes, with limits. Kratom is legal in New York, but state or local rules restrict how, where, or in what form it can be sold. Status category: Restricted, meaning legal with limits on sale, form, or age.

Can I order kratom online in New York?

Yes, for customers 21 and over, except Nassau County, Washington County, Oneida County, and Albany County, which have county-level bans. Oneida's Board of Legislators unanimously approved its local law codifying the ban on August 12, 2026. Albany County's 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, distribution, marketing, and delivery of all kratom products county-wide, natural leaf included, with Section 2(1) expressly reaching online platforms delivering into the county; we no longer ship to Albany County addresses as of September 1, 2026. Orders to the rest of New York ship normally. Suffolk County's law signed July 30, 2026 permits only naturally derived, third-party tested kratom for ages 21 and up, standards our products already meet, so Suffolk orders continue normally. Dutchess County adopted Resolution 2026136 on August 10, 2026, which restricts only concentrated 7-OH products and not plain leaf, so Dutchess orders continue normally. Rensselaer County and Saratoga County have proposed full bans that have not been adopted; Saratoga's is Local Law Introductory No. 6, Print No. 1 of 2026, introduced at the Public Safety Committee on September 1, 2026, where an early October public hearing was indicated; no exact date has been published yet. Ulster County has proposed Local Law No. 16 of 2026, which is narrower: it would reach only concentrated and synthetic 7-OH above 2 percent of total alkaloids or 1 mg per serving, not natural leaf, and its public hearing is scheduled for October 20, 2026. Orders to all three counties ship normally unless and until a measure is adopted and takes effect. Checkout verifies every address against our current restriction list automatically.

Are there local kratom bans in New York?

Yes. 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. We do not ship to addresses in any of these four counties. Enacted and in force, narrower county rules that leave natural leaf permitted: Dutchess County restricts concentrated 7-OH products above 2 percent of total alkaloids or 1 mg per serving under Resolution 2026136, adopted August 10, 2026; plain leaf is not restricted. 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 to both counties ship normally. Proposed, not adopted, and nothing below is in force: Rensselaer County has an introduced but unadopted local law that would ban kratom county-wide including natural leaf, proposed August 20, 2026 and not yet voted on. 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, an early October public hearing was indicated at that meeting with a vote intended at the October Board of Supervisors meeting, and no exact hearing date has been published. 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; a public hearing is scheduled for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston, with the resolution setting that date going to the full Legislature on September 15, 2026. Orders to Rensselaer, Saratoga, and Ulster 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 awaits the Governor's signature.

How current is this page?

The New York status on this page was last reviewed September 1, 2026. It is generated from the same continuously reviewed dataset that powers our interactive 50-state legality map, and it changes when the data changes.

This page is regulatory information, not legal advice. Laws change; verify current status with the New York legislature or your local authority before purchasing. Customers are responsible for knowing the rules where they live. Kratom products are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the FDA.

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Disclaimer: Kratom: FDA DISCLAIMER: The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. KRATOM DISCLAIMER: “This product is not available for shipment to the following states: Alabama, Arkansas, Indiana, Wisconsin, Connecticut, Utah, Tennessee, Kansas, North Dakota, Massachusetts; or the following counties: Sarasota County (Florida), San Diego (California), Oceanside (California), Alton (Illinois), Jerseyville (Illinois), Edwardsville County (Illinois), Columbus (Mississippi), Union County (Mississippi), Ascension (Louisiana), Franklin (Louisiana), Rapides (Louisiana)”. Our products are not for use by or sale to persons under the age of 21. WAAVE ALSO RESPECTS COMPLIANCE IN THE FOLLOWING STATES AND COUNTIES: Vermont, Louisiana. Denver CO, Washington D.C., Newport Beach CA, Malheur County, Parker & Monument (CO), Grant Parish (LA), Franklin (NH) and several other counties in Mississippi. We do not ship internationally. ID verification is required for shipments to the following states: Florida, Virginia, West Virginia, Colorado, Oregon, South Dakota, Nebraska, Kentucky, Maryland, Tennessee, Mississippi, Georgia, Rhode Island. Enhanced Kratom cannot be shipped to Tennessee and Georgia. Kratom is NOT used to treat, cure, or mitigate any disease, illness, ailment, and/or condition. Please consult your doctor before consuming any new products. Kratom has not been tested on pregnant women. Please, see the FDA alert 54-15. We make no representations as to intended use or suitability for use. This product contains chemicals known to the state of California to cause cancer, birth defects, or reproductive harm. Specifically nickel, arsenic, and lead. For more information please visit p65warnings.ca.gov. We do not ship to military bases
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