Legal
No state-level restriction
Kratom can be sold and possessed by adults with no state-level restriction on the plant itself. Local ordinances may still apply in some counties or cities.
Regulatory Reference
Kratom legality, state by state.
Kratom rules vary by state and change regularly. Use the map below to check the current status where you live, then read the categories and recent updates underneath for the why behind the color.
Five status categories
Updated as bills move
Federal status included
Source notes per row
The Map
Is kratom legal in your state?
Each state opens a card with its category, a one-line summary, and a source citation when available.
The Five Statuses
What each color actually means.
The map uses five categories. Here is the working definition for each one.
KCPA Regulated
Consumer Protection Act in effect
The state has passed a Kratom Consumer Protection Act. Sales are legal but vendors must meet labeling, age, and product-quality requirements. Adulterated or synthetic-spiked products are prohibited.
Restricted
Sold with limits
Sales are limited in some way. This may mean an age restriction (often 21+), a specific city or county ban, or a labeling rule that stops short of full KCPA coverage.
Pending Legislation
Bill currently in motion
A bill is moving through the state legislature that would change the current status. The outcome is not yet final. Bills can pass, fail, stall in committee, or get amended.
Prohibited
Possession not allowed
Kratom is classified as a controlled substance in this state and possession is illegal. Hudson Valley Botanicals does not ship to these states.
State-by-State Reference
What is kratom's legal status in each state?
The same data behind the map, in plain text. Tap a state for the full picture, including local city and county exceptions. Data last reviewed September 26, 2026.
Is kratom legal in Alabama?
Prohibited
Kratom has been illegal in Alabama since May 2016. It is classified as a Schedule I controlled substance. On March 25, 2026, Attorney General Steve Marshall issued a statewide cease-and-desist order targeting retailers selling mislabeled products containing kratom. The American Kratom Association continues lobbying to replace the ban with the Kratom Consumer Protection Act, but no KCPA bill advanced during the 2026 session.
Local exceptions: None. Statewide ban.
Is kratom legal in Alaska?
Legal
Kratom is legal statewide in Alaska with no state-level restrictions. Anchorage Ordinance AO 2025-50, which would have made kratom possession and sale a Class A misdemeanor within municipal limits, was postponed indefinitely by the Anchorage Assembly on April 22, 2025, citing insufficient evidence. No active local bans are in place.
Local exceptions: None active. Anchorage AO 2025-50 was postponed indefinitely April 22, 2025.
Is kratom legal in Arizona?
KCPA Regulated
Kratom is legal in Arizona under the 2019 Kratom Consumer Protection Act. HB 2415, an expanded KCPA bill, passed the Arizona House 36-17 on February 26, 2026 and remains pending in the Senate as of May 2026. The bill would raise the minimum age from 18 to 21, classify any compound containing at least 800 ppm of 7-hydroxymitragynine and synthetically derived kratom compounds as narcotic drugs, require retailers to keep products behind the counter, prohibit sales within 500 feet of schools and child-care facilities, and auto-repeal kratom regulation if the DEA schedules kratom by January 1, 2037. Existing KCPA requirements (age 18+, prohibition on adulteration, 7-OH no more than 2% of total alkaloid content, mandatory labeling) remain in effect.
Local exceptions: None known.
What to watch: HB 2415 remains pending in the Senate. It would also auto-repeal state kratom regulation if the DEA schedules kratom by January 1, 2037.
Is kratom legal in Arkansas?
Prohibited
Kratom has been banned in Arkansas since February 2016 as a Schedule I controlled substance. SB 534, the Arkansas Kratom Consumer Protection Act sponsored by Sen. Greg Leding, passed the Senate 24-5 on April 7, 2025 but received a 'Do Not Pass' recommendation from the House Public Health Committee and died at sine die on May 5, 2025. No replacement bill has advanced in the 2026 session. Possession and distribution continue to carry criminal penalties.
Local exceptions: None. Statewide ban.
Is kratom legal in California?
Restricted
California restricts in-state retail sales of kratom and 7-hydroxymitragynine. On October 24, 2025, the California Department of Public Health (CDPH) declared kratom and 7-OH to be unapproved food additives under the Sherman Food, Drug, and Cosmetic Law, restricting their sale and manufacture statewide. The Department of Alcoholic Beverage Control (ABC) began enforcement against licensed in-state retailers on February 9, 2026. This is an administrative retail-sale restriction, not a controlled-substance or possession ban. AB 1088 (a state-level KCPA-style framework regulating kratom and 7-OH for ages 21+) remains pending in the Senate Health Committee. CDPH also filed legal action against a kratom manufacturer in 2026.
Local exceptions: Pre-existing local bans remain in place and predate the statewide prohibition: San Diego (since 2016), Oceanside, Newport Beach, Anaheim, Jurupa Valley. Los Angeles County banned sales in November 2025. Los Alamitos enacted a partial ban in April 2026. San Mateo County passed a unanimous 5-0 ordinance on April 21, 2026 prohibiting sales in unincorporated areas, the first Bay Area county to do so, with violations carrying fines up to $1,000 and up to six months in jail. In July 2026, the Fountain Valley City Council voted 4-1 to ban kratom and other products containing more than 2% 7-OH in the alkaloid fraction, following similar Orange County ordinances in Newport Beach and Dana Point. The 2% threshold targets concentrated and semi-synthetic 7-OH products rather than natural leaf.
What to watch: AB 1088 would create a state-level framework regulating kratom and 7-OH for ages 21 and up. It remains pending in the Senate Health Committee.
Is kratom legal in Colorado?
KCPA Regulated
Kratom is legal in Colorado under an expanded Kratom Consumer Protection Act. Governor Jared Polis signed SB25-072 (the 'Daniel Bregger Act') on May 29, 2025, strengthening the 2022 KCPA. Key provisions include a minimum sales age of 21, prohibition on synthesized or semi-synthesized kratom alkaloids, a cap on 7-hydroxymitragynine at no more than 2% of the alkaloid fraction, mandatory FDA food facility registration for processors, detailed labeling requirements, and treatment of violations as deceptive trade practices under the Colorado Consumer Protection Act. Most provisions take effect August 12, 2026. Localities retain authority to adopt stricter controls.
Local exceptions: Parker: banned for sale (possession allowed). Monument: banned for sale (possession allowed). Castle Rock: cannot be sold to anyone under 18. Denver: bans sale and distribution within city limits. Greenwood Village: local restrictions in place.
What to watch: Colorado localities keep the authority to adopt stricter controls than the state.
Is kratom legal in Connecticut?
Prohibited
Kratom is illegal in Connecticut, effective March 25, 2026. Acting under authority granted by Public Act 25-101, the Legislative Regulation Review Committee approved regulations on February 24, 2026 designating Mitragyna speciosa (kratom), including its leaves, stem, and any extracts, as well as 7-hydroxymitragynine (7-OH), as Schedule 1 Controlled Substances. The Department of Consumer Protection issued guidance on March 4, 2026 requiring all businesses to remove kratom products from shelves immediately and return or destroy them by March 25, 2026. The scheduling reaches possession as well as manufacture, sale, and distribution, so it applies to buyers as well as sellers, and charges can be felonies.
Local exceptions: None. Statewide ban.
Is kratom legal in Delaware?
Pending Legislation
Kratom is currently legal in Delaware, and the legislature has chosen regulation over prohibition. HS 1 for HB 332, the Delaware Kratom Consumer Protection Act sponsored by Rep. Melanie Ross Levin, passed the House 39-1 and the Senate 19-0 in the final hours of the session that closed July 1, 2026, and awaits the Governor's signature as of August 1, 2026. It would set a minimum sales age of 21, impose labeling and disclosure requirements, restrict how kratom products are prepared, distributed, sold, and advertised, impose civil penalties, and direct the Division of Alcohol and Tobacco Enforcement to report on kratom-related adverse events by December 31, 2026. Sen. Kyra Hoffner's competing ban bill never advanced and died when the 153rd General Assembly adjourned.
Local exceptions: None known.
What to watch: If signed, the act would direct the Division of Alcohol and Tobacco Enforcement to report on kratom-related adverse events by December 31, 2026.
Is kratom legal in Florida?
KCPA Regulated
Kratom is legal in Florida under the Kratom Consumer Protection Act (CS/HB 179, signed 2023), which sets the minimum sales age at 21 and prohibits synthetic kratom and products adulterated with controlled substances. In August 2025, Florida made it a felony to sell, possess, or distribute concentrated 7-hydroxymitragynine (7-OH). Two 2026 bills (SB 994 by Sen. Gruters and HB 1205) would have further expanded the KCPA with mandatory lab testing, FDACS permitting, mixing prohibitions with caffeine/alcohol/cannabinoids/kava, and school-buffer restrictions. Both stalled, with SB 994 dying in Commerce and Tourism on March 13, 2026.
Local exceptions: Sarasota County: kratom has been banned since 2014 and the county ban remains in effect despite the statewide KCPA. Ocala directed its city attorney on July 21, 2026 to draft a kratom sales-ban ordinance in coordination with Marion County, but the Marion County Commission declined to move forward on August 18, 2026, citing enforcement difficulty and pending federal action on concentrated 7-OH; that drafting effort is paused and nothing has been adopted.
Is kratom legal in Georgia?
KCPA Regulated
Kratom is legal in Georgia under the Kratom Consumer Protection Act, most recently strengthened by HB 181 (signed by Gov. Kemp May 2, 2024, effective January 1, 2025), which set maximum per-serving limits for mitragynine and 7-OH, banned synthesized alkaloids, and required vendor registration, ingredient labeling, and alkaloid disclosure. HB 968, introduced January 16, 2026 by Rep. Rick Townsend, would have classified mitragynine and 7-OH as Schedule I controlled substances and repealed parts of the existing KCPA, but failed to reach a House floor vote by Crossover Day and stalled in committee. A proposed City of Carrollton ordinance restricting kratom sales near schools, parks, and churches was paused in March 2026 pending an opinion from the state Attorney General on whether localities may preempt state law.
Local exceptions: None enacted statewide. City of Carrollton ordinance under review; no vote scheduled pending state AG guidance.
Is kratom legal in Hawaii?
Legal
Kratom is currently legal in Hawaii. In the 2025 session, two regulatory bills were introduced: SB 463 (stalled in Senate committee, February 2025) and HB 717, which would establish the Hawaii Kratom Consumer Protection Act with product registration and labeling requirements. HB 717 remained under House review and did not advance to enactment. No ban legislation is active.
Local exceptions: None known.
Is kratom legal in Idaho?
Legal
Kratom is currently legal in Idaho. The 2026 session considered four bills: ban bills HB 830 and HB 864 (sponsored by Rep. Mike Pohanka, backed by the Idaho Chiefs of Police Association) would have classified mitragynine as Schedule I; regulatory bills SB 1282 and SB 1418 (sponsored by Sen. Tammy Nichols) would have banned synthetic 7-OH products and set a 21+ purchase age. All four failed to pass before adjournment. After state lawmakers declined to act, the Idaho Falls City Council adopted a local ordinance in June 2026 prohibiting the sale of kratom in all forms within city limits. The ban took effect July 1, 2026; the gap between adoption and the effective date was intended to give retailers time to comply. The ordinance covers sales only and does not apply to possession. Idaho Falls follows Kellogg as the second Idaho city to ban kratom sales. Coeur d'Alene took the other route on September 15, 2026, passing an ordinance titled Regulation of Kratom unanimously: sellers within city limits must obtain a permit, and possession, production, or sale of any product above 2 percent of total alkaloids as 7-OH, or any single serving above 1 milligram of 7-OH, is prohibited, with packaging barred from appealing to children or using the word gummies. Those are the same thresholds used by the Dutchess County local law in New York and by the pending state bill S8925A. The effective date has not been published.
Local exceptions: Kellogg has a local sales ban. Idaho Falls bans the sale of kratom in all forms within city limits effective July 1, 2026 (possession not affected). Coeur d'Alene regulates rather than bans: an ordinance passed September 15, 2026 requires sellers to hold a permit and prohibits products above 2 percent of total alkaloids as 7-OH or above 1 milligram per serving, so natural leaf clears the potency cap while the permit requirement stands.
Is kratom legal in Illinois?
Restricted
Kratom is legal in Illinois for individuals 18 and older under the 2014 Kratom Control Act, which permits local governments to regulate sales. Illinois applies KCPA-style rules prohibiting synthetic kratom alkaloids. In the 2025-2026 session, Rep. Marcus C. Evans Jr. introduced HB 4737, the Illinois Kratom Consumer Protection Act, which would repeal the Kratom Control Act, raise the minimum age to 21, ban synthetically derived compounds of Mitragyna speciosa, and impose civil penalties up to $10,000 for repeat violations. HB 4737 remains active in the General Assembly. Several cities continue to enforce local bans, and three more moved in September 2026: the Naperville City Council voted unanimously on September 1, 2026 to prohibit the retail sale of products containing either natural leaf or synthetic kratom, effective October 1, 2026, with possession still permitted for anyone 18 or older, the Fairfield City Council was scheduled to consider an ordinance banning the sale and delivery of kratom within the city on September 8, 2026, and the Sandoval Village Board in Marion County adopted an ordinance on September 18, 2026 banning kratom in both natural and synthetic form along with other synthetic and novel substances, covering sale and distribution for recreational use in the village. The Sandoval mayor indicated that prescriptions permitting use of natural kratom would be exempted, and the village published no meeting date, penalties, or effective date.
Local exceptions: Banned entirely in Alton, Jerseyville, Glen Carbon, Edwardsville, Maryville, Wood River, and Godfrey (Godfrey ordinance enacted January 2025, fines $100-$750). Naperville prohibits the retail sale of natural leaf and synthetic kratom under an ordinance adopted September 1, 2026 and effective October 1, 2026; possession remains permitted at 18 and over. The Town of Normal banned the sale or distribution of kratom under an ordinance effective July 15, 2026. The Salem City Council voted unanimously on July 6, 2026 to ban the sale of kratom and 7-OH products at retail, effective immediately. The Kinmundy Board of Aldermen unanimously banned the sale of both natural and synthetic kratom on August 14, 2026; no retailer in the village currently sells it. Fairfield is considering an ordinance that would ban both the sale and the delivery of kratom in the city; it was on the September 8, 2026 council agenda and nothing has been adopted. Sandoval, in Marion County, banned kratom in both natural and synthetic form along with other synthetic and novel substances under an ordinance the Village Board adopted on September 18, 2026, covering sale and distribution for recreational use; no effective date has been published.
What to watch: HB 4737 remains active in the General Assembly. It would add civil penalties up to $10,000 for repeat violations. Illinois localities keep acting ahead of the state: Sandoval adopted a ban on September 18, 2026 that reaches natural leaf, Naperville banned retail sales effective October 1, 2026, and Fairfield had an ordinance reaching both sale and delivery on its September 8, 2026 council agenda, with no vote reported and its scope, penalties, and effective date unpublished.
Is kratom legal in Indiana?
Prohibited
Kratom has been illegal in Indiana since 2014, making it one of the first states to ban it. Indiana incorrectly categorized kratom as a synthetic drug, scheduling it as a synthetic controlled substance. Advocacy efforts to replace the ban with the KCPA continue: HB 1542, introduced in the 2025 session by Reps. Robert Morris and Shane Lindauer, would have regulated kratom under a KCPA framework but died in the House Committee on Commerce, Small Business, and Economic Development. No kratom legislation was introduced in the 2026 session; advocates are targeting the 2027 session for the next attempt.
Local exceptions: None. Statewide ban.
Is kratom legal in Iowa?
Pending Legislation
Kratom is currently legal in Iowa, but a ban remains pending. House File 2133, which would classify mitragynine and 7-hydroxymitragynine as Schedule I controlled substances, passed the Iowa House 69-26 on March 17, 2026. A failed amendment that would have created a regulated KCPA framework was defeated 44-51. Senate companion SF 2192 was reported out of committee and placed on the Senate calendar under unfinished business on March 19, 2026 (Senate amendment S-5174 filed April 8, 2026), but did not receive a floor vote before the 2026 session adjourned. Both bills carry over and may be taken up in the 2027 session. Separately, on September 1, 2026, Governor Kim Reynolds, the Iowa Department of Public Safety, and Iowa Health and Human Services issued a joint public warning about kratom and synthetic 7-hydroxymitragynine products. That announcement is a public communication only: it imposes no sales restriction, no scheduling action, no licensing requirement, and no age limit, and kratom remains legal in Iowa.
Local exceptions: None currently. A statewide ban is pending Senate action, and a September 1, 2026 joint warning from the Governor, the Department of Public Safety, and Iowa Health and Human Services carries no legal restriction.
What to watch: Both bills carry over and may be taken up in the 2027 session. The September 1, 2026 joint warning from the Governor and two state agencies changes nothing operationally, but the same pattern, a coordinated governor and agency communication, preceded emergency executive action in North Dakota and Massachusetts this year, so it is worth watching for a Board of Pharmacy emergency rule or an executive order.
Is kratom legal in Kansas?
Prohibited
On April 10, 2026, Governor Laura Kelly signed HB 2365, adding 7-hydroxymitragynine (7-OH) to Schedule I of the Kansas Uniform Controlled Substances Act. Because 7-OH occurs naturally in all kratom leaf material, the scheduling effectively prohibits all kratom products in Kansas. No carve-out for naturally occurring 7-OH in plain leaf. Ban effective July 1, 2026. No repeal or amendment legislation has been filed as of May 2026.
Local exceptions: None. Statewide ban effective July 1, 2026.
What to watch: No repeal or amendment legislation has been filed.
Is kratom legal in Kentucky?
Prohibited
Kentucky has banned kratom sales via HB 757, a 380-page omnibus revenue bill into which the ban language was inserted on April 1, 2026. HB 757 became law in early April 2026 after Governor Andy Beshear issued a partial veto (the veto targeted an unrelated statue provision, not the kratom ban). HB 757 repeals Kentucky's 2024 Kratom Consumer Protection Act. Sales become illegal January 1, 2027. Possession by consumers is not criminalized under HB 757. 7-OH was previously scheduled as Schedule I in November 2025.
Local exceptions: Statewide sales ban effective January 1, 2027. KCPA repealed. Possession not criminalized.
Is kratom legal in Louisiana?
Prohibited
Kratom became illegal in Louisiana effective August 1, 2025 via Senate Bill 154 (signed June 2025, authored by Sen. Jay Morris), which classifies mitragynine and 7-hydroxymitragynine as Schedule I controlled substances. Possession of over 14 grams carries up to 5 years in prison. The original ban passed 87-6. A repeal effort, HB 778 (Provides with respect to the possession of Kratom), was introduced in the 2026 regular session and referred to the House Committee on Administration of Criminal Justice on March 9, 2026, but has not advanced to a committee vote.
Local exceptions: None. Statewide ban as of August 2025.
Is kratom legal in Maine?
Legal
Kratom is legal in Maine with no known state-level restrictions. The last significant attempt to schedule mitragynine was a 2017 bill that was amended to remove kratom before passage. No ban or KCPA legislation is active in the 2026 session.
Local exceptions: None known.
Is kratom legal in Maryland?
KCPA Regulated
Kratom is legal in Maryland under the Kratom Consumer Protection Act, enacted via HB 1229 in 2024 (became law without the Governor's signature; effective October 1, 2024). The KCPA prohibits sales to individuals under 21 and mandates labeling and purity standards. In the 2026 session, HB 1319 was introduced to amend and strengthen the KCPA; competing restrictive bills HB 1523 and SB 820 (which proposed additional restrictions with a July 2026 effective date) were also filed. None of the 2026 bills have been enacted as of May 2026.
Local exceptions: None known.
Is kratom legal in Massachusetts?
Prohibited
Massachusetts has banned kratom by emergency order. On August 13, 2026, Governor Maura Healey and Department of Public Health Commissioner Robbie Goldstein announced an emergency order temporarily placing all forms of kratom, natural leaf included, into Schedule I under Massachusetts law. The order took effect August 28, 2026 after a 14-day notice period and remains in effect for up to one year, and it gives local boards of health and municipal officials added authority to act against retailers selling kratom products. The executive action landed after the legislature stalled: statewide ban bill S.1558 was never reported out of the Joint Committee on Public Health by its extended July 31, 2026 deadline, while the regulatory redraft H.5127 (21+ sales, lab testing, 7-OH limits) remained pending in House Ways and Means. The order is being challenged in court. On August 27, 2026, four retailers, Rihaan Corporation of Salem, Bhakti LLC of North Billerica, V and K Smoke Shop LLC of Quincy, and Ambreen and S Inc. of Bellingham, filed suit in Suffolk County Superior Court against the Department of Public Health and Commissioner Goldstein seeking a temporary restraining order and a preliminary injunction. They argue the Commissioner exceeded his authority, failed to make the three findings the emergency Schedule I statute requires, reached the whole plant rather than the concentrated derivatives that prompted the action, and delegated enforcement to municipalities without notice or a pre-suspension hearing. As of the August 27 reporting no judge had acted, no hearing was scheduled, and DPH had not been served; the order took effect the next day. The American Kratom Association has said it is working to counter the order. More than 20 cities and towns had already enacted local kratom sales bans before the statewide action.
Local exceptions: Statewide emergency Schedule I order announced August 13, 2026, in force since August 28, 2026, for up to one year; all forms of kratom covered. Local bans in over 20 cities and towns predate it, and cities are using the added local authority: Springfield took a local ordinance up in committee on August 20, 2026 with a full council vote expected in September. Four retailers sued in Suffolk County Superior Court on August 27, 2026 to halt the order; no court has stayed it.
What to watch: Four retailers are asking the Suffolk County Superior Court to halt the order, arguing the Commissioner exceeded his authority, skipped findings the emergency-scheduling statute requires, swept in the whole plant rather than the concentrated derivatives, and delegated enforcement to municipalities without notice or a hearing. Nothing has been stayed so far. The American Kratom Association has also said it is working to counter the order.
Is kratom legal in Michigan?
Pending Legislation
Kratom is currently legal in Michigan. House Bill 5537 would prohibit growing, synthesizing, importing, distributing, and selling kratom statewide, including synthetic 7-OH, with a first offense up to 90 days jail and a $5,000 fine and selling to a minor up to one year and $10,000. The bill passed the Michigan House 56-48 on March 18, 2026, but was only referred to the Senate Government Operations Committee on March 24, 2026 and has remained there since. As of August 1, 2026 no Senate hearing has been scheduled, the bill has not reached the Senate floor, and it has not gone to the Governor.
Local exceptions: None. Statewide ban bill HB 5537 stalled in Senate committee; kratom remains legal pending any further Senate action.
Is kratom legal in Minnesota?
KCPA Regulated
Kratom is legal in Minnesota. In 2026 Governor Tim Walz signed legislation (SF 3704 / HF 3704 companion) raising the legal purchase and possession age from 18 to 21 and increasing penalties. Selling to a person under 21 is a gross misdemeanor; possession under 21 is a misdemeanor. The new law took effect August 1, 2026. Separate Schedule II ban bills (HF 3452 / SF 3711) were introduced but did not advance. Existing KCPA-style rules prohibiting synthetic kratom alkaloids remain in place.
Local exceptions: None known.
Is kratom legal in Mississippi?
Restricted
Kratom is legal at the state level in Mississippi, with KCPA-style age restrictions (21+) and a statewide ban on synthetic kratom extracts and high-concentration 7-OH under HB 1077 (effective July 1, 2025). However, widespread local bans affect large portions of the state. More than 30 Mississippi cities and counties ban kratom, including Tupelo (banned February 3, 2026), the City of Union (banned May 5, 2026), and Magee (banned July 2026). Tupelo enforcement was held for seven months while a retailer challenge ran in Lee County Circuit Court; after that suit was dismissed in August 2026, the police department gave retailers 48 hours notice and began enforcing at 10:00 a.m. on September 12, 2026, covering use, sale, distribution, and public display, with product found after enactment confiscated. Not every local ban has stuck: Jones County rescinded its ban in May 2025, choosing to rely on the statewide regulation instead.
Local exceptions: Banned in Alcorn, Calhoun, Itawamba, Lowndes, Monroe, Noxubee, Pearl River, Prentiss, Tippah, Tishomingo, and Union counties. Banned in cities including Belmont, Blue Mountain, Booneville, Bruce, Burnsville, Caledonia, Columbus, Corinth, Derma, Fulton, Guntown, Iuka, Magee, Mantachie, Marietta, New Albany, Okolona, Oxford, Pontotoc, Ridgeland, Ripley, Saltillo, Senatobia, Tupelo, Union, and others. Tupelo has been enforcing its ban since September 12, 2026. Jones County rescinded its county ban in May 2025 in favor of the statewide rules.
Is kratom legal in Missouri?
Legal
Kratom is legal in Missouri with no statewide framework. Senate Bill 927, filed by Sen. Maggie Nurrenbern, would have set a 21+ age requirement, capped 7-OH content, banned combustible or vaporized kratom, prohibited child-appealing packaging, and required labeling and behind-the-counter storage; it received a Do Pass from the Senate committee but died when the legislature adjourned May 15, 2026. At the local level, Kansas City adopted an ordinance in February 2026 that bans synthetic 7-OH sales city-wide, restricts natural kratom sales to buyers 21 and over, and requires kratom sellers to hold a special city license, similar to alcohol and tobacco permits.
Local exceptions: Kansas City bans synthetic 7-OH sales, limits kratom sales to 21 and over, and requires sellers to hold a city kratom license under a February 2026 ordinance. Some county-level discussions ongoing; check local ordinances.
What to watch: County-level discussions are ongoing. Check local ordinances.
Is kratom legal in Montana?
Legal
Kratom is legal and unregulated in Montana. House Bill 407, which would have created a Kratom Consumer Protection Act, was tabled in the House Appropriations Committee on April 3, 2025 (12-11 vote) and failed on May 20, 2025. No active statewide legislation is currently pending.
Local exceptions: None known.
Is kratom legal in Nebraska?
KCPA Regulated
Kratom is legal in Nebraska under the Kratom Consumer Protection Act (LB 230), signed May 15, 2025 and operative January 1, 2026. Requirements: 21+, prohibition on products attractive to children, mandatory labeling, manufacturer certification with the Nebraska Department of Revenue, certificate of analysis showing 7-hydroxymitragynine below 2 percent of alkaloid content, and a $750-per-product registration fee. The Nebraska DOR maintains a public Directory of Certified Kratom Manufacturers (most recently updated April 28, 2026).
Local exceptions: None known.
Is kratom legal in Nevada?
KCPA Regulated
Kratom is legal in Nevada under the Kratom Consumer Protection Act (NRS 597.998), in force since 2019. Requirements: 18+, alkaloid content labeling, prohibition on adulterated products, and a ban on synthetic kratom alkaloids. Assembly Bill 322, a 2023 attempt to modernize the framework, was vetoed by Governor Lombardo. No new statewide kratom legislation is pending in 2026.
Local exceptions: None known. Check Las Vegas and Clark County municipal codes for any city-level rules.
What to watch: Check Las Vegas and Clark County municipal codes for any city-level rules.
Is kratom legal in New Hampshire?
Restricted
Kratom is legal in New Hampshire for individuals 18 and older. Senate Bill 557 would have classified synthetic and semisynthetic kratom as a controlled drug, and a House working group amended it on May 5, 2026 to target only high-dose products (kratom exceeding 1,000 parts per million of 7-hydroxymitragynine). The bill died at the end of the session: after the Senate passed its version, the House returned it with unrelated amendments, the Senate rejected those changes, and neither chamber requested a committee of conference. No statewide kratom restriction was enacted in 2026; plain leaf and existing products remain legal. A potency-cap bill is expected to return in a future session. Kratom is banned locally in Franklin.
Local exceptions: Banned in Franklin, NH. Statewide bill SB 557 died at the close of the 2026 session with no committee of conference; no statewide ban or potency cap was enacted.
Is kratom legal in New Jersey?
Pending Legislation
Kratom is currently legal in New Jersey, but restrictive legislation is advancing. Senate Bill S-301 targets 7-OH specifically. It passed the Senate Health, Human Services and Senior Citizens Committee 8-0 on March 16, 2026 and is now pending in the Senate Budget and Appropriations Committee with no further action through early May 2026. If enacted, manufacturing or distributing 7-OH of 1 oz or more would be a 2nd degree crime; less than 1 oz would be a 3rd degree crime. Natural leaf may remain legal. A separate KCPA bill, A4222, has also been introduced.
Local exceptions: None currently in effect. Monitor for 7-OH product restrictions.
What to watch: A separate KCPA bill, A4222, has also been introduced.
Is kratom legal in New Mexico?
Legal
Kratom is legal in New Mexico statewide. No KCPA. NM Department of Environment issued guidance in December 2025 prohibiting kratom as an ingredient in food and beverages. The NM Department of Justice issued a consumer advisory regarding kratom in November 2025. No statewide ban legislation is pending.
Local exceptions: Albuquerque has a local kratom ordinance. Statewide rules prohibit kratom in food and beverage products.
Is kratom legal in New York?
Restricted
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, 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. Rensselaer County has adopted a full ban that is not yet in force, and two further county measures are proposed and not adopted. Rensselaer County's Local Law T-4 of 2026, introduced August 11, 2026 by eleven of the nineteen legislators, prohibits the sale and distribution of kratom county-wide once in force, 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. It is not in force: County Executive Steven F. McLaughlin held the required public hearing on September 24, 2026 and said he would take several days to decide whether to sign or veto it, and Section 8 makes the law effective on filing with the Secretary of State. Under the County Charter a veto returns it to the Legislature, which can pass it over his objections within 45 days with at least thirteen of its nineteen members. Orders to Rensselaer County ship normally until it takes effect. 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 for October 14, 2026 at 4:30 PM at 40 McMaster Street, Ballston Spa. Anyone may speak at the hearing, written comments are due by 3:30 PM that day, and the hearing precedes any final vote. The town of Clifton Park, inside Saratoga County, holds its own public hearing on a town prohibition on October 6, 2026. 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; Legislature records identify 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. A public hearing was noticed for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston, but treat that date as unconfirmed until the county republishes it. 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. Adopted but not yet in force: Rensselaer County adopted Local Law T-4 of 2026 on September 8, 2026 with fifteen votes in favour, banning kratom county-wide including natural leaf. County Executive Steven F. McLaughlin held the required public hearing on September 24, 2026 and has not yet decided whether to sign or veto it, and the law takes effect on filing with the Secretary of State. Orders to Rensselaer County ship normally until it does. 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 a public hearing was set for October 14, 2026 at 4:30 PM at 40 McMaster Street, Ballston Spa. The town of Clifton Park, inside Saratoga County, holds its own public hearing on a town prohibition on October 6, 2026, and a town law would bind Clifton Park addresses independently of the county measure. Orange County bars the sale of kratom to anyone under 21 under a December 2025 local law, which mirrors the statewide age rule rather than restricting adult sales. 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, and a public hearing noticed for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston should be treated as unconfirmed until the county publishes it again. 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 has passed both chambers but has not been delivered to the Governor.
What to watch: Rensselaer County adopted its ban on September 8, 2026 and it is not yet in force. Two further county measures are proposed and neither has been adopted. Saratoga County has Proposed Local Law Introductory No. 6, Print No. 1 of 2026, introduced at the Public Safety Committee on September 1, 2026, which 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, sending it to the Law and Finance Committee and then to the full Board of Supervisors. At the September 15, 2026 Board meeting the measure was introduced and a public hearing was set for October 14, 2026 at 4:30 PM at 40 McMaster Street, Ballston Spa, so the hearing precedes any final vote. The town of Clifton Park, inside Saratoga County, is writing its own measure and holds a public hearing on October 6, 2026; a town law would bind Clifton Park addresses whatever the county decides. Ulster County has Proposed Local Law No. 16 of 2026, a bipartisan measure whose lead sponsor is Legislator William Murray. It is much narrower: it would reach only concentrated and synthetic 7-hydroxymitragynine above 2 percent of total alkaloids or 1 milligram per serving, and it does not cover natural leaf. It came back before the Legislature on September 21, 2026 after the September 3 postponement, and Legislature records identify it as Resolution No. 480, offered by 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. A public hearing was noticed for Tuesday, October 20, 2026 at 7:00 PM in the Legislative Chambers, 244 Fair Street, Kingston, but treat that date as unconfirmed until the county republishes it. Rensselaer County adopted Local Law T-4 of 2026 on September 8, 2026, unamended and with fifteen votes in favour, banning kratom county-wide including natural leaf. It is not in force: County Executive Steven F. McLaughlin held the required public hearing on September 24, 2026 and said he would take several days to decide whether to sign or veto it, and the law takes effect only on filing with the Secretary of State. Orders to Rensselaer County ship normally until it takes effect.
Is kratom legal in North Carolina?
Restricted
Kratom is legal in North Carolina for 18+. Statewide age restriction of 18+. No full KCPA. HB 328 (hemp regulation bill amended by the Senate to add kratom as Schedule VI) advanced in summer 2026: after the House voted 95-18 not to concur in April, a conference committee produced a compromise that the Senate adopted 37-6 on July 2, 2026. The compromise would add kratom to Schedule VI, prohibit the sale, delivery, and possession of synthetic kratom products, and bar kratom sales to, and possession by, anyone under 21. The House did not take it up, and on July 30, 2026 the measure was re-referred to the House Rules Committee, where it sits while law enforcement groups publicly urge a vote. Nothing has been enacted; 18+ remains the only statewide rule.
Local exceptions: None known. Monitor HB 328: the Senate adopted the conference compromise July 2, 2026, but the House re-referred it to its Rules Committee on July 30, 2026 without a vote.
What to watch: Law enforcement groups are publicly urging a House vote. Nothing has been enacted.
Is kratom legal in North Dakota?
Restricted
North Dakota now regulates natural kratom by statute and bans synthetic kratom products. The August 2026 executive-order prohibition has been superseded. On August 3, 2026, Governor Kelly Armstrong and Attorney General Drew Wrigley announced executive actions banning kratom statewide: the Governor declared a public health emergency and prohibited the sale, use, and possession of all kratom and kratom products effective 5 p.m. on August 5, 2026, and the North Dakota Board of Pharmacy issued an emergency rule classifying 7-hydroxymitragynine (7-OH) as a Schedule 1 controlled substance for 180 days. The Governor then called a special legislative session, which opened September 2, 2026. On the morning of September 4, 2026 the Legislature passed House Bill 1628 and the Governor signed it that afternoon. HB 1628 bans the sale, possession, and use of synthetic kratom products, and regulates natural kratom rather than prohibiting it: purchasers must be 21 or older, labeling must be accurate, and sales require a licensed seller. The competing measure, Senate Bill 2408, would have banned natural leaf outright; it passed the Senate 46 to 1 and was defeated in the House 47 to 46. Natural leaf therefore has a statutory path back to a 21 and over market, but it is not on sale yet: state officials say kratom remains unavailable until licensing rules are written and implemented, and the Legislature's administrative rules committee does not meet until December 2026. The earlier status quo, under which kratom was unregulated while an interim Legislative Management study under HB 1566 (signed April 28, 2025) was underway, is over.
Local exceptions: None. The statute is statewide. Natural kratom is legal for buyers 21 and over under HB 1628, signed September 4, 2026, with labeling and licensed-seller requirements; synthetic kratom products are banned. Sales have not resumed, because the licensing rules have not been written. We do not ship to North Dakota addresses while kratom remains unavailable there.
What to watch: The statute settled the question the August executive order left open, but it did not reopen the shelves. Officials say kratom remains unavailable in North Dakota until licensing rules are written and implemented, and the Legislature's administrative rules committee does not meet until December 2026. Hudson Valley Botanicals does not ship to North Dakota addresses while that remains the case.
Is kratom legal in Ohio?
Restricted
Heavily restricted in Ohio. The Ohio Board of Pharmacy consumer and retailer notice issued May 14, 2026 (effective May 19, 2026) under OAC 4729:9-1-01.1 confirms only natural kratom in vegetation form (dried leaf or powdered) may be sold or possessed, and only when it is not marketed as a food, drug, or dietary supplement. Kratom in capsule form, liquid or drink form, gum, tablets, edibles, and all extracts are Schedule I. 7-hydroxymitragynine, mitragynine pseudoindoxyl, dihydro-7-hydroxy mitragynine, and 7-acetoxymitragynine are also Schedule I. Labels and pages for compliant powder may not include dosage instructions, serving sizes, a nutritional/supplement facts panel, brewing instructions, or any representation that it is edible or ingestible.
Local exceptions: Statewide rule (effective May 19, 2026): powder/leaf only, no dosage or food/supplement marketing. Capsules, liquids, shots, edibles, and 7-OH compounds are Schedule I.
Is kratom legal in Oklahoma?
KCPA Regulated
Kratom is legal in Oklahoma. KCPA framework in place, last updated by HB 3574 (2024). Requirements: 18+, alkaloid content labeling, directions for safe use, prohibition on adulterated products, limits on 7-OH to 2% of alkaloid content, vendors must provide lab test results to State Dept of Health on request. No new statewide bills pending as of May 13, 2026.
Local exceptions: None known.
What to watch: No new statewide bills were pending as of May 2026.
Is kratom legal in Oregon?
KCPA Regulated
Kratom is legal in Oregon. KCPA in place under HB 4010 (2022). Sales restricted to 21+. Manufacturers and retailers must disclose kratom as an ingredient. Third-party testing required for microbiological contaminants, pesticides, solvents, heavy metals, and mycotoxins. Sellers must register. The Department of Revenue is continuing to refine kratom registration rules following its comment review.
Local exceptions: Ontario, Oregon has a local kratom ordinance restricting sale.
What to watch: The Department of Revenue is still refining kratom registration rules following its comment review.
Is kratom legal in Pennsylvania?
Legal
Kratom is legal in Pennsylvania with no statewide age restriction or KCPA in force. Two KCPA-style bills are pending: HB 2058 (Kinkead/Prokopiak) was referred to the House Health Committee on November 19, 2025, and SB 233 is pending in the Senate Health and Human Services Committee. Both would set a 21+ age requirement, registration, labeling, and lab-testing standards.
Local exceptions: None confirmed at the city or county level as of May 13, 2026.
What to watch: No city or county restrictions were confirmed as of May 2026.
Is kratom legal in Rhode Island?
KCPA Regulated
Kratom is legal in Rhode Island under the RI Kratom Act (S0792/HB 5565-A, RI Gen. Laws ch. 21-28.12), signed July 2, 2025, effective April 1, 2026. RI is the first U.S. state to reverse a kratom ban (ban had been in place since 2017). The RIDOH Center for Food Protection is now issuing Distributor, Importer, Manufacturer, and Retailer licenses. Initial license renewals run $2,000 (manufacturer/importer/distributor) and $1,000 (retailer) through Dec 31, 2027. RI Division of Taxation Advisory 2026-10 confirms a 15% wholesale tax. Retail sales restricted to 21+; testing, labeling, and packaging standards apply; online ordering and shipment to RI addresses permitted.
Local exceptions: None. Statewide regulated framework administered by RIDOH.
What to watch: License renewals run $2,000 for manufacturers, importers, and distributors and $1,000 for retailers through December 31, 2027.
Is kratom legal in South Carolina?
KCPA Regulated
Kratom is legal in South Carolina under the KCPA (effective July 2025): 21+, locked display cases, label standards, synthetic alkaloid limits. Ban bill H 4641 passed the House in late April 2026 and was referred to Senate Medical Affairs. A May 6-7, 2026 subcommittee adopted a semi-synthetic-only amendment, and the full Medical Affairs Committee then tabled the bill until the next session. Companion bills H 4636 and H 4648 remain in the House without movement. KCPA remains in effect.
Local exceptions: None. KCPA remains in effect. H 4641 tabled in Senate Medical Affairs until the 2027 session; revival expected with a semi-synthetics focus.
What to watch: H 4641 is expected to return in 2027 with a semi-synthetics focus. Companion bills H 4636 and H 4648 remain in the House without movement.
Is kratom legal in South Dakota?
Restricted
Kratom is legal in South Dakota for individuals 21 and older. The state restricts sales to persons under 21 and prohibits synthetic kratom alkaloids. In the 2026 session, two prohibition bills (HB 1151 and SB 77) both failed, leaving the existing regulated framework in place.
Local exceptions: None known.
Is kratom legal in Tennessee?
Prohibited
Kratom is banned in Tennessee. HB 1649 / SB 1656 ("Matthew Davenport's Law") passed the Tennessee Senate 23-3 on April 16, 2026 and the House by a similar margin. Governor Bill Lee declined to veto the bill within the 10-day window, and it became law in late April / early May 2026. Effective July 1, 2026, knowingly possessing kratom is a Class A misdemeanor, manufacturing or selling is a Class C felony, with enhancement when minors are involved. The prior Kratom Consumer Protection Act framework is superseded.
Local exceptions: None. Statewide ban effective July 1, 2026.
Is kratom legal in Texas?
KCPA Regulated
Kratom is legal in Texas. KCPA passed with strengthened rules. Requirements: 18+, prohibition on adulterated products, 7-OH limits to 2% of alkaloid content, required directions for safe use on labels, prohibition on contaminated products. SB 1868 in the 89th Legislature (2025-2026) would redesignate Chapter 444 as Chapter 445 and expand the regulatory framework for processors and retailers; the bill remains pending.
Local exceptions: None known at state level.
Is kratom legal in Utah?
KCPA Regulated
Kratom is legal in Utah under the KCPA, widely considered the model for other states. Requirements: 21+, mandatory third-party lab testing with COA, alkaloid content labeling, prohibition on child-appealing flavors and packaging, child-safe packaging, seller registration. In March 2026 the Legislature passed SB 45 (4th Substitute), tightening rules so that retail kratom is largely limited to plain leaf at licensed outlets; manufacturers have until March 2027 to stop producing non-leaf products. Companion bill SB 48 targets 7-OH and synthetic byproducts with a 0.4% allowable threshold. The framework was challenged in federal court and survived. Botanic Tonics LLC and the Global Kratom Coalition sought a preliminary injunction against the Kratom Regulation Act; on May 4, 2026, U.S. District Judge Howard C. Nielson Jr. denied it, holding that states retain the power to ban specific products within their borders and rejecting the argument that federal food and drug law preempts the Act. The plaintiffs filed an interlocutory appeal with the Tenth Circuit on May 5, 2026, the Act took effect on May 6, 2026, and no appellate decision on the merits has issued. The law is in force in the meantime: only pure leaf may be sold, only through registered retailers, and only to purchasers 21 and older.
Local exceptions: None known. The Kratom Regulation Act is in force statewide as of May 6, 2026; a Tenth Circuit appeal is pending and does not suspend it.
What to watch: The Tenth Circuit appeal is the only live question, and the law is in force while it runs. The district court's preemption holding is the precedent other states are likely to cite against challenges to their own bans, including the pending Massachusetts suit.
Is kratom legal in Vermont?
Prohibited
Kratom remains banned in Vermont since 2016, with penalties less severe than other prohibition states. In the 2025-2026 session, H.416 and S.121 were introduced to establish a Vermont Kratom Consumer Protection Act and regulate rather than prohibit kratom (18+, COA registration, alkaloid limits); the bills remain pending and the statewide ban is still in effect.
Local exceptions: None. Statewide ban.
Is kratom legal in Virginia?
KCPA Regulated
Kratom is legal in Virginia. Protective measures under a KCPA-style framework. Requirements: 21+, mandatory labeling of all ingredients, warning label that the product may be harmful, has not been FDA evaluated, and is not intended to diagnose or treat disease. Applies specifically to Mitragyna speciosa extracts. HB 875 (2026) sought to broaden the definition to cover the leaf itself and create criminal penalties for unregulated sale; the subcommittee tabled the bill on February 2, 2026, leaving the existing framework unchanged.
Local exceptions: None known.
Is kratom legal in Washington?
Legal
Kratom is legal in Washington state with no statewide age limit or registration requirement. In the 2026 session, three state bills (HB 2291 KCPA, SB 6196 95% distributor tax, SB 6287 7-OH cap and 21+ rule) all failed to advance before policy cutoff. In the absence of state regulation, several cities have enacted local sales bans, including Spokane Valley (Ordinance 26-003, effective March 16, 2026), Spokane (effective April 8, 2026), Othello (Ordinance 1647, effective May 1, 2026), and Warden (April 2026). On July 1, 2026, the Ephrata City Council voted 6-1 to prohibit the sale, distribution, and advertising of kratom and kratom-derived products within city limits, effective 60 days after passage. Violations are civil infractions carrying escalating fines from roughly $248 to $1,294, and repeat violators may have business licenses revoked or denied. Ephrata is the fourth city in Grant County to adopt such restrictions. On July 31, 2026 the Moses Lake City Council, also in Grant County, voted to restrict sales of kratom products, both plant-derived and synthetic, to buyers 21 and over rather than ban them. The pattern has since moved to the west side of the state: after directing its city attorney on July 29, 2026 to draft a model ordinance, the Mount Vernon City Council in Skagit County voted unanimously on August 26, 2026 to prohibit the sale, distribution, or advertisement of any kratom product within city limits, naming 7-OH derivatives and traditional leaf powder alike. Violations carry a $250 fine for each day of violation, businesses risk revocation of their business license or registration, and simple possession is excluded from the ordinance. That ordinance takes effect five days after it is published, which places the effective date in early September 2026; the city has not published the trigger date, so the exact calendar date is unconfirmed. That ordinance took effect September 9, 2026. Grant County closed the gap left by its cities on September 8, 2026, when county commissioners adopted an ordinance banning the sale and distribution of kratom products in the unincorporated parts of the county, with fines starting at $500 for a first offense and rising to $2,000 for a third; the adoption date follows the county hearing and has not been confirmed against the county ordinance record. The model text has also spread west: Mayor Kim Lund introduced an ordinance in Bellingham, in Whatcom County, prohibiting the preparation, distribution, and sale of kratom and 7-OH products within city limits, with violations treated as a gross misdemeanor punishable by up to a year in jail or fines up to $5,000. The City Council approved it unanimously on second reading September 14, 2026, a third and final reading is expected September 28, and the ordinance takes effect 15 days after that. Possession and purchase are not prohibited. Whatcom County itself is moving the other way: after a September 15, 2026 briefing from its health department, the County Council signalled it will pursue regulation rather than prohibition, with a draft policy due back on September 29 or October 6. Lynden, also in Whatcom County, is working through ban language with nothing introduced, and Quincy, in Grant County, has voted to schedule a public hearing on a possible ban or regulation whose date is reported inconsistently as October 6 and October 8.
Local exceptions: Sales prohibited in the cities of Spokane, Spokane Valley, Othello, and Warden under local ordinances; possession is not criminalized. Spokane Valley's Ordinance 26-003 took effect March 16, 2026 and Othello's Ordinance 1647 on May 1, 2026. Ephrata banned the sale, distribution, and advertising of kratom on July 1, 2026, effective 60 days after passage (fines from roughly $248 to $1,294; repeat violators risk losing their business license). Moses Lake restricted kratom sales to buyers 21 and over on July 31, 2026 rather than banning them. Mount Vernon, in Skagit County, prohibited the sale, distribution, and advertisement of any kratom product on August 26, 2026, natural leaf powder and 7-OH derivatives alike; violations carry a $250 fine for each day of violation and businesses risk losing their license, while simple possession is excluded. That ordinance takes effect five days after publication, which places it in early September 2026, and the city has not published the trigger date. Grant County prohibits the sale and distribution of kratom in its unincorporated areas by county ordinance adopted September 8, 2026, and the cities of Ephrata, George, Mattawa, Royal City, and Warden have their own bans, so the county is closed apart from Moses Lake, which is 21 and over. Bellingham, in Whatcom County, approved a ban on second reading September 14, 2026 by a unanimous 7 to 0 vote, with criminal penalties of up to a year in jail or fines up to $5,000 and possession and purchase left out; a third and final reading is expected September 28 and the ordinance takes effect 15 days after that, roughly October 13. Lynden is drafting ban language and Quincy has scheduled a hearing, neither adopted. Whatcom County is pursuing regulation rather than a ban.
What to watch: Bellingham passed its ban on second reading September 14, 2026 and expects a third and final reading September 28, with the ordinance taking effect 15 days after that, which points to roughly October 13. Whatcom County, where Bellingham sits, is heading the other way and has directed a draft regulatory policy back for discussion on September 29 or October 6. Lynden is working through ban language with nothing introduced, and Quincy has voted to schedule a hearing whose date is reported as both October 6 and October 8. Grant County has closed its unincorporated areas, so the open pockets of that county are gone.
Is kratom legal in West Virginia?
KCPA Regulated
Kratom is legal in West Virginia under a regulated framework. Requirements: 21+, possession by minors prohibited, mandatory labeling (ingredients, warnings to keep out of reach of children, consult physician if pregnant or on medication), age-verification for online/remote sellers, state permits required for sellers. On April 1, 2026, the Governor signed SB 985, which strengthens registration and enforcement, requires the Department of Agriculture to notify the Tax Department of violations, clarifies administrative penalties, and mandates a software management system. SB 431 (vape lookalike products) and SB 534 (further KCPA amendments) are pending.
Local exceptions: None known.
What to watch: SB 431 on vape lookalike products and SB 534 amending the KCPA are pending.
Is kratom legal in Wisconsin?
Prohibited
Kratom has been banned in Wisconsin since 2014, making it one of the first states to prohibit it. Mitragynine and 7-hydroxymitragynine are classified as Schedule I controlled substances. The AKA continues to advocate for replacing the ban with the KCPA, and follow-on legislation similar to prior Assembly Bill 599 has been discussed for the 2025-2026 session, but no repeal has passed.
Local exceptions: None. Statewide ban.
Is kratom legal in Wyoming?
KCPA Regulated
Kratom is legal in Wyoming. In the 2026 Budget Session, SF 56 passed both chambers (Senate 29-2, House 57-0) and establishes a Kratom Product Regulation framework: 21+ sales, ingredient labeling and warning disclosures, prohibition on adulterated products and synthetic alkaloids including 7-hydroxymitragynine, and compliance authority for the Department of Health and local law enforcement. A competing prohibition bill, HB 185, failed during the same session.
Local exceptions: None known.
Is kratom legal in District of Columbia?
Legal
Kratom is legal in Washington D.C. with basic oversight. No DC Council legislation on kratom advanced in 2026 and no major restrictions have been enacted.
Local exceptions: None known.
This reference mirrors the interactive map above and is reviewed on the same schedule. Laws change; verify current status with your state before purchasing. See the live counts: kratom legality statistics.
The Kratom Consumer Protection Act
What is the Kratom Consumer Protection Act?
Drafted by the American Kratom Association, adopted state by state.
The KCPA is model legislation that gives states a clear framework for keeping kratom legal while protecting consumers. When a state passes a KCPA, it usually replaces a patchwork of local rules with a single statewide standard.
- A minimum age of 21 to purchase
- Required labeling with serving size, alkaloid content, and a manufacturer ID
- A ban on synthetic alkaloids and adulterated products
- Penalties for vendors who sell unsafe or mislabeled product
Hudson Valley Botanicals already meets KCPA labeling and testing requirements. A new KCPA in your state does not change what we ship.
The 7-OH Problem
What is 7-OH, and why are states acting on it?
Read the updates below and one name keeps appearing. It is not the leaf. It is concentrated 7-hydroxymitragynine.
What 7-OH actually is
7-hydroxymitragynine, usually shortened to 7-OH, is one of many alkaloids found in the kratom leaf. In the natural plant it is a trace compound, typically well under one percent of the total alkaloids and often far less. Ordinary leaf is dominated by mitragynine; 7-OH sits in the background.
The products regulators are moving against are a different thing. They are made by isolating or chemically converting alkaloids so that 7-OH is concentrated to many times the level found in any leaf, then sold as tablets, shots, and gummies. Because that concentration is engineered rather than grown, agencies describe these products as semi-synthetic, and a growing list of states schedule them separately from the plant.
Natural leaf
What we sell
- Whole-leaf and powdered kratom only
- 7-OH present only in trace, naturally occurring amounts
- Alkaloid profile is whatever the plant grew
- Every batch lab tested, percent and batch ID on the pouch
Concentrated 7-OH
What states are scheduling
- Isolated or semi-synthetic, made in a lab
- 7-OH multiplied far above any natural leaf level
- Sold as tablets, shots, gummies, and extracts
- Often no testing, no batch ID, no age control
Regulators treat it as a new substance
Because the 7-OH level is engineered rather than grown, agencies do not treat these products as the traditional botanical. A growing list of states schedule 7-OH by name, separate from the plant itself.
It puts the whole plant at risk
Lawmakers reacting to concentrated 7-OH often write bills that sweep up plain leaf along with it. These products are a large part of why plant-only protections keep getting harder to pass.
It is sold like a convenience-store drug
Tablets, shots, and gummies sit on gas-station and smoke-shop counters, frequently with no alkaloid testing, no batch ID, and no age verification at the register.
The category is inconsistent and unverified
Two packages from the same shelf can carry very different amounts. Nothing about the format is held to the labeling and testing standard a Kratom Consumer Protection Act requires.
Designed to look like something it is not.
Many 7-OH brands lean all the way into it. Names, color schemes, and packaging are built to read like street or pharmaceutical drugs: blister packs, pill-shaped tablets, "extra strength" shot bottles, slang names borrowed straight from the back of a head shop. The look is chosen to signal a high, not to inform a buyer. We think that is exactly the wrong direction for a botanical, and that styling is a big part of why regulators are alarmed and why the bills keep coming.
States acting on 7-OH specifically
These measures target concentrated or semi-synthetic 7-OH by name, sometimes alongside the plant and sometimes instead of it. See the recent updates below for the full text of each.
Federal / DEA
Synthetics Sched. I, Aug 26
Federal / 7-OH
Threshold order still pending
Kansas
Schedule I, Jul 2026
North Dakota
Synthetics banned by statute
Massachusetts
Emergency Sched. I, in effect
Connecticut
Schedule 1
California
Banned additive
Ohio
Schedule I extract
Florida
Concentrate felony
Utah
0.4% threshold
Wyoming
Barred under KCPA
Colorado
Concentrate limit
Mississippi
Synthetic 7-OH ban
New York
Cap bill passed, not delivered
Michigan
Passed House, in Senate
New Jersey
Proposed Schedule I
South Carolina
Proposed ban
North Carolina
Synthetic ban stalled
Where we stand
Never have, never will.
Hudson Valley Botanicals has never sold a concentrated or semi-synthetic 7-OH product, and we never will. We sell whole-leaf and powdered kratom with its natural alkaloid profile, every batch lab tested, the alkaloid percent and batch ID printed on the pouch. If a product has to be engineered above what the leaf provides, dressed up to look like a street drug, and sold with no testing behind it, it is not what we are here to sell. Holding that line is also how we keep the plain leaf legal for the people who want it.
Recent Activity
What's moving in state legislatures.
Curated. Updated as bills pass, fail, or land on the governor's desk.
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The Sandoval Village Board in Marion County adopted an ordinance banning kratom in both its natural and synthetic form, along with other synthetic and novel substances, covering sale and distribution for recreational use in the village.
Unlike the Dutchess, Suffolk and Ulster measures in New York, this one reaches natural leaf, so it is a genuine ban rather than a 7-OH threshold.
Mayor Mike Gelsinger indicated that prescriptions permitting use of natural kratom will be exempted. No prescription kratom product exists, so that carve-out does not change what a retailer or a shipper may do today.
The reporting does not state the meeting date, the penalties, or an effective date, and the village has published none of the three.
Sandoval is the twelfth Illinois municipality on our list, after Alton, Jerseyville, Glen Carbon, Edwardsville, Maryville, Wood River, Godfrey, Normal, Salem, Kinmundy and Naperville. -
The measure was introduced by Legislator Janet Sutherland and advanced by the Human Services Committee on December 10, 2025 before the full Legislature voted on December 18, with two members absent.
This is not a ban on adult sales and not a shipping block. The age limit matches what statewide law already requires, so it changes nothing operationally for a seller who already sells to adults 21 and over.
The companion resolution urging a full state ban is the reason to watch this county, and local advocacy for a complete prohibition has continued. The exact adoption date and the penalties are unconfirmed. -
Legislature records identify the measure as Resolution No. 480, offered by Legislator William 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.
The scope is unchanged from the version postponed on September 3. It would bar the sale and distribution of concentrated and synthetic kratom products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving. Natural leaf is not covered, which puts Ulster on the same model as the adopted Dutchess and Suffolk laws rather than on the Rensselaer or Saratoga model.
Murray argued that the recent restrictions in neighboring Dutchess and Sullivan counties could push sales into Ulster.
The October 20, 2026 public hearing noticed for 7:00 p.m. in the Legislative Chambers, 244 Fair Street, Kingston should still be treated as unconfirmed. The county has not republished the date since the postponement.
Hudson Valley Botanicals continues shipping to Ulster County addresses, and would continue to do so if this measure passed as written. -
Packaging rules bar designs that appeal to children and prohibit the word "gummies" on packages. Council member Dan English said time is of the essence.
The thresholds are the same numbers used by the Dutchess County local law in New York and by S8925A, the state bill that passed both chambers in June 2026. That makes Coeur d'Alene the third jurisdiction on those exact figures, and it is the reason this entry matters more as precedent than as an operational change: the threshold model is establishing itself as the alternative to prohibition.
Leaf-only products clear the potency cap. The permit requirement applies to sellers within city limits and should be read against the ordinance text before treating the city as open without qualification. The effective date has not been published. -
Nothing was adopted. The board chair noted that the county measure cleared the Saratoga County public safety committee unanimously and suggested a town law may prove unnecessary if the county acts, while another member argued the town should proceed regardless, drawing a parallel to the data center moratorium the town adopted while the state was still deciding.
The town hearing falls eight days before the county hearing on October 14, and a town law would bind Clifton Park addresses whatever the county does. Scope and penalties are unconfirmed; the measure is described only as covering sale and distribution, with no indication whether natural leaf is reached.
Clifton Park is an active shipping destination and nothing changes today. -
Commissioners Kevin Burgess, Cindy Carter and Rob Jones adopted the ordinance following a public hearing. Fines start at $500 for a first offense and rise to $2,000 for a third or later violation, charged either as civil infractions or as misdemeanors.
Ephrata, George, Mattawa, Royal City and Warden had already banned sales, and Moses Lake set a 21 and over limit instead, so the practical effect is that Grant County is closed apart from Moses Lake and Quincy.
Two dates are still unconfirmed and are separate questions: the adoption date, which follows the county hearing held September 8, 2026, and the ordinance effective date, which has not been published. The county ordinance record settles both. Whether the ordinance distinguishes natural leaf from concentrates is also unconfirmed. -
The vote followed a September 1, 2026 presentation by the Grant County Health District, which is canvassing Grant County cities. City Clerk Stephanie Boorman stressed that nothing specifies what type of measure is contemplated, and that any restriction would be decided later.
The hearing date is not confirmed. The Columbia Basin Herald article gives it as October 6 in one place and October 8 in another, so it should be confirmed with the city clerk before either date is relied on.
Quincy is an open shipping destination. With the county ordinance covering the unincorporated areas already adopted, the remaining open pockets of Grant County are closing. -
Early discussion pointed toward prohibiting sales outright. Council member Lee Beld said he anticipates his colleagues will support it and that a vote could come within the next few meetings, so the lead time here is short despite the early stage.
Lynden is the third Whatcom County municipality to move on the same model text, after Mount Vernon and Bellingham, which is the pattern worth watching: the language is spreading city by city. Scope, penalties, and whether possession is excluded are all unconfirmed.
Lynden remains an open shipping destination. -
Health department director Champ Thomaskutty and health officer Dr. Amy Harley briefed the Council on the difference between kratom and 7-OH, their availability and advertising, and their varied contents. Council member Jon Scanlon said he would rather not fill the jail with shop clerks.
Council member Jessica Rienstra will bring a draft policy to a further discussion set for either September 29 or October 6, 2026. Nothing has been introduced, and a county framework would reach unincorporated addresses that the Bellingham city ordinance does not.
A regulatory county framework is materially different from the Bellingham ban, so this line should not be treated as heading toward a shipping block. -
The vote was unanimous and the ordinance is not final. A third and final reading is expected September 28, 2026, and the ordinance takes effect 15 days after that, which points to roughly October 13.
Violations are a gross misdemeanor carrying up to one year in jail or fines up to $5,000, which is sharper than the civil penalties in the Mount Vernon ordinance the text is modelled on. Possession and purchase are not prohibited.
Distribution is the operative term for a mail order seller, so Bellingham should be queued as a shipping block for mid-October. Hudson Valley Botanicals continues shipping there until the ordinance is in force. -
The City Council approved the prohibition on February 3, 2026, written to take effect 30 days later, but enforcement was held while a retailer challenge ran in Lee County Circuit Court. That suit was dismissed in August 2026 over required procedural paperwork rather than on the merits.
The Police Department issued notice on September 10, gave retailers 48 hours, and began enforcing at 10:00 a.m. on Saturday, September 12. The ordinance covers the use, sale, distribution, and public display of kratom inside city limits, and product found after enactment is confiscated.
Hudson Valley Botanicals does not ship to Tupelo addresses. -
At the September 15, 2026 Board of Supervisors meeting the Law and Finance Committee introduced 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", and the Board set a public hearing for October 14, 2026 at 4:30 p.m. at 40 McMaster Street, Ballston Spa.
The hearing precedes any final vote, and nothing has been adopted. The Public Safety Committee approved the measure on September 4, 2026 and meets again on October 6.
Whether the measure reaches natural leaf or only concentrates is still unconfirmed, because the local law text was not included in the meeting materials. The town of Clifton Park, inside the county, holds its own hearing on October 6.
Hudson Valley Botanicals continues shipping to Saratoga County addresses. -
The Albany County Commissioner of Health signed Emergency Public Health Order No. 1 of 2026 on August 24, 2026, effective 12:01 a.m. September 1. Section 2(1) prohibits any person or entity, expressly including any online platform, from selling, offering for sale, distributing, marketing or delivering any kratom product within the county.
The Order carries a second, independent prohibition. Section 2(2) reaches only "Prohibited Kratom Products," defined in Section 1(c) by a 7-hydroxymitragynine threshold of 0.05% on a dry-weight basis or 1.00 mg per serving, together with synthesized alkaloids and adulterated products. Section 1(c) states that natural leaf in raw, dried, powdered, brewed or encapsulated form below that threshold is not a Prohibited Kratom Product. Section 8(2) provides that if the categorical prohibition in Section 2(1) is stayed or invalidated, including as applied to natural-leaf products, the Section 2(2) prohibition continues automatically.
Section 7(2) keeps the Order in effect 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 thirty days. Section 7(3) states the Commissioner's intent that it be an interim measure and requests that the County Legislature consider local legislation. Hudson Valley Botanicals stopped shipping to Albany County addresses as of September 1, 2026. -
Rensselaer County has adopted a countywide kratom ban. Local Law T-4 of 2026, introduced on August 11, 2026 by eleven of the nineteen legislators, was adopted unamended at the Legislature's regular meeting on Tuesday, September 8, 2026, with fifteen votes in favour and two members absent.
Two floor motions failed first. A motion to table the law pending more input did not carry, and an amendment that would have added a sunset clause, ending the county ban once New York State legislates on the same ground, failed on a roll call. The argument for banning synthetics and leaving natural leaf alone, the route Suffolk County took, was made on the floor but was never the amendment put to a vote. Three people spoke against the ban during public comment.
Section 4 prohibits selling or distributing kratom in the county. Section 3 defines kratom as the plant Mitragyna speciosa and parts thereof, products containing mitragynine, products derived from the leaves, and any synthetic derivations, so natural leaf sits inside the definition. That is what separates T-4 from the Dutchess and Suffolk measures, which draw their line at concentration. The only exemption is FDA-regulated kratom dispensed by a pharmacist under prescription, which describes nothing currently on the market.
It is not in force. The Clerk forwards the adopted local law to the County Executive, who is required to hold a public hearing before deciding whether to sign, and Section 8 makes the law effective on filing with the New York Secretary of State. County Executive Steven F. McLaughlin held that hearing on Thursday, September 24, 2026 in East Greenbush and said he would take several days to consider the comments before deciding. Under the County Charter he has ten days from receiving the law to sign or veto it, and if he does neither it is deemed approved. A veto returns it to the Legislature, which can pass it over his objections within 45 days with at least two-thirds of its whole membership, thirteen of the nineteen.
Hudson Valley Botanicals continues to ship to Rensselaer County addresses and will stop when the law takes effect. -
The Marion County Board of County Commissioners declined on August 18, 2026 to move forward with the local kratom ordinance its city and county attorneys had been directed to draft. Commissioners cited enforcement difficulty, noting that separating concentrated or synthetic products from plain leaf requires laboratory testing the county would have to pay for, and said they would rather wait for the pending federal action on concentrated 7-OH than adopt a county rule that might conflict with it weeks later. Speakers and staff argued that a blanket local ban would sweep in traditional leaf products and compliant retailers alongside the concentrated products that prompted the concern. This is the first local government we have tracked that explicitly deferred to the federal 7-OH threshold approach instead of adopting its own prohibition. The drafting effort previously listed here for Ocala and Marion County is paused, not adopted. Sarasota County keeps its separate 2014 ban.
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Massachusetts moved abruptly from a stalled legislative debate to an executive ban. On August 13, 2026, Governor Maura Healey and Department of Public Health Commissioner Robbie Goldstein announced an emergency order temporarily placing all forms of kratom, natural leaf included, into Schedule I under Massachusetts law. The order takes effect August 28, 2026 after a 14-day notice period and remains in effect for up to one year, and it gives local boards of health and municipal officials added authority to act against retailers selling kratom products. Cities have begun using it: the Springfield City Council took the question up in committee on August 20, 2026 and has a local ordinance headed to the full council in September, so some Massachusetts municipalities may end up with rules of their own that outlast the emergency order. This is a whole-plant scheduling, not a 7-OH-only measure. It lands two weeks after the statewide ban bill, S.1558, stalled in committee at its July 31 reporting deadline, and while the regulatory bill H.5127 was still pending in House Ways and Means; the American Kratom Association has said it is working to counter the order. Hudson Valley Botanicals will stop shipping to Massachusetts billing and shipping addresses when the order takes effect on August 28, 2026.
The order is being challenged. On August 27, 2026, four retailers, Rihaan Corporation of Salem, Bhakti LLC of North Billerica, V and K Smoke Shop LLC of Quincy, and Ambreen and S Inc. of Bellingham, filed suit in Suffolk County Superior Court against the Department of Public Health and Commissioner Robbie Goldstein, seeking a temporary restraining order and a preliminary injunction. They argue the Commissioner exceeded his authority, failed to make the three findings the emergency Schedule I statute requires, reached the whole plant rather than the concentrated derivatives that prompted the action, and delegated enforcement to municipalities without notice or a pre-suspension hearing.
As of the August 27 reporting no judge had acted, no hearing was scheduled, and DPH had not been served. The order took effect the next day, and the Commonwealth published a same-day reminder confirming it was in force. Massachusetts shipping stays paused unless and until a court says otherwise. -
The Oneida County Board of Legislators voted unanimously on August 12, 2026 to approve the local law banning the sale and distribution of kratom county-wide, adopting the measure County Executive Anthony J. Picente Jr. introduced on June 30. The law covers kratom broadly, not just isolated alkaloids; a floor suggestion to carve out natural leaf and restrict only concentrated products did not make it into the adopted text. Prohibited products found during compliance checks will be confiscated, and violations carry civil penalties of $500 for unlawful sale or distribution and up to $1,000 per item for repeat violations. The law now goes to the County Executive for signature and filing with the New York Secretary of State. In practice nothing changes for shipping: the county Health Department order in effect since June 5, 2026 already halted kratom sales, and Hudson Valley Botanicals already does not ship to Oneida County addresses. Oneida joins Nassau and Washington as the third New York county with a full ban on the books. Statewide 21+ age and warning-label rules remain in effect for the rest of New York.
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North Dakota has banned kratom statewide. On August 3, 2026, Governor Kelly Armstrong and Attorney General Drew Wrigley announced executive actions prohibiting the sale, use, and possession of all kratom and kratom products, effective 5 p.m. on Wednesday, August 5, 2026, under an executive order declaring a public health emergency. In a separate action, the North Dakota Board of Pharmacy issued an emergency rule classifying 7-hydroxymitragynine (7-OH) as a Schedule 1 controlled substance for 180 days. State officials cited 50 deaths since 2019 associated with kratom or 7-OH and the absence of any state regulation, age limit, or accountability for the category. The Governor has called a special legislative session for September 2, 2026 to write the prohibition into state law. Unlike most 2026 actions, this one reaches natural leaf and not only concentrated 7-OH. Hudson Valley Botanicals has stopped shipping to North Dakota addresses.
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Dutchess County landed on regulation rather than prohibition. County Executive Sue Serino announced a countywide kratom ban on July 30, 2026, but the County Legislature did not take that version up. It wrote its own narrower measure, Resolution 2026136, and adopted that unanimously on August 10, 2026. It restricts products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving, the same thresholds the state bill and the DEA action use, and leaves plain leaf kratom alone. It exempts prescription and FDA-approved products, is enforced by the county Department of Health, and becomes void if a state law covering the same ground takes effect. This matters directly to us because Hudson Valley Botanicals operates from Dutchess County: we sell leaf only and carry no 7-OH or concentrated extracts, so nothing on our shelves is reached and orders to Dutchess addresses continue normally. The relocation contingency we described before the vote is no longer in play. Statewide 21+ age and warning label rules remain in effect across New York. We are reviewing the meeting recording and will post the vote detail and effective date.
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S8925A, a statewide 7-OH bill, passed both chambers of the Legislature unanimously in June 2026 and awaits the Governor's signature. It would prohibit the retail sale of products containing 7-hydroxymitragynine above 2 percent of total alkaloids or more than 1 milligram per serving. Those thresholds are aimed at the concentrated and semi-synthetic 7-OH products described in the section above, not natural leaf, which sits below both limits. Our whole-leaf products are unaffected either way, and the statewide 21+ age and warning-label rules already in force do not change.
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Suffolk County chose regulation over prohibition. After public hearings that drew dozens of speakers on both sides, the County Legislature voted unanimously to regulate kratom rather than ban it, and County Executive Ed Romaine signed the law on July 30, 2026, effective immediately. Sales are limited to ages 21 and up, only naturally derived kratom products are permitted and they must be third-party tested, synthetic versions are prohibited, and violations carry penalties up to $1,000 in fines or up to one year. Our products already meet the natural-leaf and lab-testing requirements, so orders to Suffolk County addresses continue normally. Neighboring Nassau County keeps its full ban.
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Minnesota's new age law took effect August 1, 2026. Purchasing and possessing kratom now require age 21 and over statewide, up from 18, and selling to a person under 21 is a gross misdemeanor. The rest of Minnesota's framework, including its prohibition on synthetic kratom alkaloids, is unchanged. Minnesota orders now require 21+ age confirmation at checkout.
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Most provisions of the Daniel Bregger Act (SB25-072), signed in May 2025, take effect August 12, 2026: 21+ sales, a prohibition on synthesized and semi-synthesized kratom alkaloids, a cap holding 7-OH to no more than 2 percent of the alkaloid fraction, FDA food-facility registration for processors, and detailed labeling rules, with violations treated as deceptive trade practices. Our whole-leaf products already meet the alkaloid and labeling standards, so Colorado orders are unaffected.
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Delaware's legislature chose regulation over prohibition. HS 1 for HB 332, the Delaware Kratom Consumer Protection Act, passed the House 39-1 and the Senate 19-0 in the final hours of the session that closed July 1, 2026, and awaits the Governor's signature. It would set a minimum sales age of 21, add labeling and disclosure requirements, restrict how kratom products are prepared, distributed, sold, and advertised, and direct the Division of Alcohol and Tobacco Enforcement to report on adverse events by the end of 2026. The competing ban bill died in committee when the General Assembly adjourned.
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House Bill 328, a hemp regulation bill the Senate amended to cover kratom, would add kratom to Schedule VI, prohibit synthetic kratom products, and set a 21+ line for kratom sales and possession. A conference committee compromise passed the Senate 37-6 on July 2, 2026, but the House never voted on it and re-referred the measure to its Rules Committee on July 30, 2026, with law enforcement groups publicly urging a vote. Nothing is enacted; kratom remains legal in North Carolina for adults 18 and over.
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The Fountain Valley City Council voted 4-1 to ban kratom and other products containing more than 2% 7-hydroxymitragynine (7-OH) in the alkaloid fraction, following similar Orange County ordinances in Newport Beach and Dana Point. That 2% threshold targets concentrated and semi-synthetic 7-OH products, not natural kratom leaf. Hudson Valley Botanicals sells only natural leaf, which falls below the limit, so orders to Fountain Valley are unaffected.
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Two more Illinois municipalities banned kratom sales in July 2026. The Town of Normal's ordinance banning sale or distribution took effect July 15, 2026, and the Salem City Council voted unanimously on July 6, 2026 to ban the retail sale of kratom and 7-OH products effective immediately. Hudson Valley Botanicals does not ship to either city. Kratom remains legal statewide in Illinois for adults 18 and over under the 2014 Kratom Control Act, which lets local governments regulate sales; several other Illinois municipalities enforce their own bans.
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The DEA published a temporary scheduling order in the Federal Register on August 26, 2026 placing mitragynine pseudoindoxyl, MGM-15 and MGM-16, with their isomers, esters, ethers and salts, into Schedule I of the Controlled Substances Act. The order states it is effective August 26, 2026 until August 26, 2028, and the DEA grounded it in a finding that scheduling was necessary to avoid an imminent hazard to public safety. Some trade coverage gives August 25 as the effective date; the Federal Register document itself says August 26.
All three are synthetics. They are not constituents of Mitragyna speciosa, so natural leaf is not reached by this order. Any product containing them is now a federal controlled substance, with criminal exposure attached to manufacture, distribution, importing and possession. Hudson Valley Botanicals sells whole-leaf and powdered kratom only and has never sold any of the three, so nothing about our catalog or our shipping changes.
The other half of the July 2026 federal action has not happened. The separate order that would schedule 7-hydroxymitragynine above a specified threshold has not issued, and cannot until the comment record closes: on August 26, 2026 the HHS Office of the Assistant Secretary for Health extended the comment window on its Request for Information to September 10, 2026, under docket HHS-OASH-2026-0232. Comments are forwarded by the HHS Secretary for consideration by the Attorney General. The earliest date the order was permitted to publish passed on August 5. Local governments waiting on it, Marion County in Florida among them, are still waiting.
One local overlap worth noting for New York readers: Dutchess County Resolution 2026136 names these same three compounds, so the county restriction and the new federal prohibition now cover identical substances. -
An interim Oneida County Health Department public health order took effect June 5, 2026, halting the sale of kratom and kratom-derived products county-wide. On June 30, 2026, County Executive Anthony J. Picente Jr. introduced a permanent local law to make the ban lasting; the Board of Legislators reviewed it for 30 days, held a public hearing, and approved it unanimously on August 12, 2026. The measure covers kratom broadly, not just isolated alkaloids. Hudson Valley Botanicals does not ship to billing or shipping addresses inside Oneida County while the order is in effect. Statewide 21+ age restriction remains in effect for the rest of New York.
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Washington County, NY has prohibited the sale and distribution of kratom county-wide. Hudson Valley Botanicals no longer ships to billing or shipping addresses inside Washington County. Statewide 21+ age restriction remains in effect for the rest of New York.
Alerts
Get told when this changes
One email when a new law or order is added to this tracker. No product marketing, no schedule, nothing else.
For the most current status, check your state legislature's website or the American Kratom Association.
At the Federal Level
Is kratom legal at the federal level?
Federal status is the backdrop for every state-level decision.
DEA
Leaf not scheduled, synthetics are
The DEA proposed scheduling kratom in 2016 but withdrew the notice after public comment, and the natural leaf remains outside the Controlled Substances Act. On August 26, 2026 the DEA published a temporary order placing three lab-made compounds, mitragynine pseudoindoxyl, MGM-15, and MGM-16, together with their isomers, esters, ethers, and salts, into Schedule I. It runs from August 26, 2026 to August 26, 2028. None of the three occur in the kratom plant, so ordinary leaf is not reached, but any product containing them is now a federal controlled substance. The separate order that would schedule concentrated 7-OH above a threshold has not published yet.
HHS
7-OH threshold still open
The 7-OH half of the federal action is not settled. HHS asked for public input on where the scheduling threshold should sit, and on August 26, 2026 it extended that comment window to September 10, 2026 under docket HHS-OASH-2026-0232. Comments go to the Attorney General through the HHS Secretary. Until that record closes, no order scheduling concentrated 7-OH can issue, which is why several counties have paused their own rules to see what the threshold turns out to be.
FDA
Import alerts, not a ban
The FDA has issued import alerts and warning letters but has not banned the plant. The agency does not approve kratom for any medical use. In March 2026, a group of U.S. Senators led by Pete Ricketts sent a letter pressing the FDA to act on federal scheduling.
USPS
Lawful to ship in legal states
USPS, UPS, and FedEx all accept kratom shipments to states where the plant is legal. We do not ship to prohibited states.
H · V · B
Important
Information, not legal advice.
Laws change. Verify current status with your state legislature, attorney general, or local authority before purchasing. Customers are responsible for knowing the rules where they live. Kratom is not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the FDA.
