Is kratom legal? Every state, cited
As of Oct 7, 2026: banned in 7 states, legal with a 7-OH restriction in 4, legal and regulated by a kratom law in 21, and legal with no state kratom law in 7. 12 more are being confirmed on the state's own site. Each state page cites the statute and the date we checked it.
21+ only. Kratom is not approved by the FDA for any medical use, and nothing here is medical advice. This is a summary of the law, not legal advice.
Federal law
Kratom and mitragynine are not federally controlled. The DEA has proposed temporarily placing 7-hydroxymitragynine (7-OH) above 0.050% of dry weight, or more than 1.00 mg per item, in Schedule I (Federal Register 2026-13580); no final order had been published when we checked on Oct 7, 2026. The FDA says kratom is not lawfully marketed as a drug, dietary supplement or food additive.
All states
| State | Status | Law | Checked |
|---|---|---|---|
| Alabama | Banned | Ala. Code § 20-2-23 | Oct 7, 2026 |
| Alaska | Being confirmed | No state kratom law | Oct 7, 2026 |
| Arizona | Legal, regulated | A.R.S. § 36-795.02 | Oct 7, 2026 |
| Arkansas | Banned | Ark. Admin. Code 007.07.2 (ADH List of Controlled Substances, Schedule I) | Oct 7, 2026 |
| California | Being confirmed | Cal. Health & Safety Code § 110555 (as applied by CDPH) | Oct 7, 2026 |
| Colorado | Legal, regulated | SB25-072 (C.R.S. § 6-1-740), signed 2025-05-29 | Oct 7, 2026 |
| Connecticut | Banned | Conn. Gen. Stat. § 21a-243 (as directed by Public Act 25-101); DCP regulation PR2025-018 | Oct 7, 2026 |
| Delaware | Legal, regulated | HS 1 for HB 332, 153rd GA — 85 Del. Laws c. 478 (Title 16) | Oct 7, 2026 |
| District of Columbia | Being confirmed | D.C. Mun. Regs. tit. 22-B § 1201 | Oct 7, 2026 |
| Florida | Legal; 7-OH restricted | Fla. Stat. § 500.92 (2026) | Oct 7, 2026 |
| Georgia | Legal, regulated | O.C.G.A. § 16-13-122 (as described by Governor's Office of Consumer Protection) | Oct 7, 2026 |
| Hawaii | Being confirmed | No state kratom law | Oct 7, 2026 |
| Idaho | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| Illinois | Legal, regulated | 720 ILCS 642/5 | Oct 7, 2026 |
| Indiana | Being confirmed | Ind. Code § 35-48-2-4; § 35-31.5-2-321 | Oct 7, 2026 |
| Iowa | Being confirmed | No state kratom law | Oct 7, 2026 |
| Kansas | Legal; 7-OH restricted | K.S.A. 65-4105 as amended by 2026 HB 2365 (enrolled) | Oct 7, 2026 |
| Kentucky | Legal; 7-OH restricted | 902 KAR 55:015 (eff. 2026-03-12) | Oct 7, 2026 |
| Louisiana | Banned | La. R.S. 40:966.1 (Acts 2025, No. 41) | Oct 7, 2026 |
| Maine | Being confirmed | No state kratom law | Oct 7, 2026 |
| Maryland | Legal, regulated | Md. Code, Health–Gen. § 21-2E-02 | Oct 7, 2026 |
| Massachusetts | Being confirmed | 105 CMR 726.004 (emergency order under M.G.L. c. 94C, § 2A) | Oct 7, 2026 |
| Michigan | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| Minnesota | Legal, regulated | Minn. Stat. § 152.027, subd. 7 (as amended by Laws 2026, ch. 63, H.F. 3453) | Oct 7, 2026 |
| Mississippi | Legal, regulated | 2025 HB 1077 (Miss. Code §§ 75-103-1 to 75-103-7), as sent to Governor | Oct 7, 2026 |
| Missouri | Being confirmed | No state kratom law | Oct 7, 2026 |
| Montana | Being confirmed | No state kratom law | Oct 7, 2026 |
| Nebraska | Legal, regulated | Neb. Rev. Stat. § 71-3803 | Oct 7, 2026 |
| Nevada | Legal, regulated | Nev. Rev. Stat. § 597.998 | Oct 7, 2026 |
| New Hampshire | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| New Jersey | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| New Mexico | Being confirmed | No state kratom law | Oct 7, 2026 |
| New York | Legal, regulated | N.Y. Pub. Health Law § 1399-mmm (S4552A/A2340A, signed 2025-12-22) | Oct 7, 2026 |
| North Carolina | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| North Dakota | Legal, regulated | N.D.C.C. ch. 51-38 (created by H.B. 1628, 69th Leg. Assemb., Sept. 2026 special session) | Oct 7, 2026 |
| Ohio | Legal; 7-OH restricted | Ohio Admin. Code 4729:9-1-01.1 (Mitragynine-related compounds), as summarised by the State of Ohio Board of Pharmacy notice revised 2026-10-05 | Oct 7, 2026 |
| Oklahoma | Being confirmed | Okla. Stat. tit. 63, § 1-1432 et seq. (Oklahoma Kratom Consumer Protection Act), per OSDH | Oct 7, 2026 |
| Oregon | Legal, regulated | Or. Rev. Stat. § 475.398 | Oct 7, 2026 |
| Pennsylvania | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| Rhode Island | Legal, regulated | R.I. Gen. Laws ch. 21-28.12 (Rhode Island Kratom Act) | Oct 7, 2026 |
| South Carolina | Legal, regulated | S.C. Code § 44-53-2020 | Oct 7, 2026 |
| South Dakota | Legal, regulated | S.D. Codified Laws § 34-20B-115 | Oct 7, 2026 |
| Tennessee | Banned | Tenn. Pub. Ch. 950 (2026) (HB1649 / SB1656), as described by the TN Dept. of Labor & Workforce Development | Oct 7, 2026 |
| Texas | Legal, regulated | Tex. Health & Safety Code §§ 445.001–445.007 (enacted by S.B. 497, 88th Leg., as ch. 444; enrolled text) | Oct 7, 2026 |
| Utah | Legal, regulated | Utah Code § 4-45-104 (eff. 2026-05-06) | Oct 7, 2026 |
| Vermont | Banned | Vt. Dept. of Health, Regulated Drug Rule (Ch. 8, Subch. 9; 12-5 Vt. Code R. § 23:7.0) — § 7.0 Hallucinogenic Drugs list | Oct 7, 2026 |
| Virginia | Legal, regulated | Va. Code § 59.1-200(A)(77) — label | Oct 7, 2026 |
| Washington | Legal — no state kratom law | No state kratom law | Oct 7, 2026 |
| West Virginia | Legal, regulated | W. Va. Code § 19-12F-3(6) (as amended by S.B. 985, 2026) | Oct 7, 2026 |
| Wisconsin | Banned | Wis. Stat. § 961.14 (Schedule I) | Oct 7, 2026 |
| Wyoming | Legal, regulated | Wyo. Stat. §§ 35-7-2201 to 35-7-2203 (2026 Wyo. Sess. Laws ch. 68, Enrolled Act No. 44 / SF0056) | Oct 7, 2026 |