The Kratom Consumer Protection Act (KCPA) is a model state law that regulates kratom instead of banning it, typically with a 21+ minimum age, labeling and lab-testing rules, a ban on adulterated or synthetic products and a cap on 7-OH. Depending on the source, roughly 13 to 15 states have adopted a version, but there is no federal KCPA, and 2026 brought both new KCPA rules and new bans.
This page explains what the model law does and tracks where it stands as of September 28, 2026. It's a research summary, not legal advice; laws change quickly and trackers don't always agree. For each state's current status, use our kratom legal status by state guide.
21+ only. Kratom isn't FDA-approved for any use and is banned in some states and cities.
What the KCPA model law does
The KCPA is promoted by the American Kratom Association (AKA), a kratom advocacy group. In January 2025 testimony, the AKA's Mac Haddow said KCPA laws require "kratom manufacturers to safely manufacture, label and distribute compliant products," "establish needed consumer protections to limit risks from adulterated, mislabeled, and contaminated kratom products," and "establish age restrictions on the sale and use of kratom."
According to the Restoration Recovery tracker (updated July 2026), KCPA laws typically include:
- Age: a minimum purchase age of 21
- Labeling: alkaloid content, serving size, batch ID and expiration
- 7-OH cap: most commonly 2% of total alkaloid content
- Purity: no synthetic alkaloids
- Testing: third-party testing for alkaloids, heavy metals, pesticides and microbes
- Registration: processor registration in stricter states
Details vary by state. Some states pass laws with similar rules without calling them a KCPA.
Which states have adopted it
Sources don't agree, so we show both lists.
| Source | Date | States listed |
|---|---|---|
| AKA testimony to North Dakota lawmakers (PDF) | January 2025 | Utah, Georgia, Arizona, Oregon, Nevada, Colorado, Oklahoma, Kentucky, Virginia, West Virginia, Maryland, Florida, Texas (13) |
| Restoration Recovery tracker | July 2026 | Arizona, Colorado, Georgia, Kentucky, Maryland, Nebraska, Nevada, New York (2026), Oklahoma, Oregon, Rhode Island (April 1, 2026), South Dakota, Texas, Utah, Virginia (15) |
| Our state data (laws named as a KCPA or close variant) | September 28, 2026 | Arizona, Florida (2023), Georgia (2019), Mississippi (effective July 1, 2025), Nevada, Oklahoma, South Carolina (2025), plus Texas's Kratom Consumer Health and Safety Protection Act (2023) |
Where they differ: the AKA counts Florida and West Virginia; the July 2026 tracker doesn't, but adds Nebraska, New York, Rhode Island and South Dakota. Neither list includes Mississippi or South Carolina, which our state data records as passing KCPA laws in 2025 (per the QuickMD tracker). Florida's law is codified at § 500.92, Florida Statutes, and Texas's 2023 law (SB 497 analysis) sets an 18+ age, not 21. Many other states regulate kratom under laws with different names, such as New York's 21+ and labeling laws signed December 22, 2025, Rhode Island's Kratom Act (effective April 1, 2026) and Virginia's HB 360 (effective July 1, 2026). Utah was the first state to pass a KCPA, in 2019, per MIT45's KCPA explainer and Courthouse News.
A KCPA doesn't guarantee kratom stays legal. See 2026 updates below.
2026 updates
- Utah tightened its KCPA. Senate Bill 45 was signed March 26, 2026. According to a summary by vendor Super Speciosa, it limits sales to pure leaf products, bans extracts and elevated 7-OH, caps 7-OH at 0.4% of total alkaloids, raises the age to 21, limits sales to tobacco specialty retailers, and gives producers until March 27, 2027 to comply. The Utah Attorney General announced the new law in effect from May 6, 2026. We couldn't read the final bill text on the Utah Legislature's page, so treat the vendor-reported details, including the 21+ age, as unconfirmed.
- Kentucky will ban sales. Kentucky, on the AKA's KCPA list, passed House Bill 757; "starting Jan 1., kratom sales will become illegal in the Commonwealth," Spectrum News reported in May 2026. The report describes a sales ban, not a possession ban.
- Rhode Island's rules took effect April 1, 2026, and the tracker lists New York as a 2026 KCPA state (Restoration Recovery).
- North Dakota chose regulation over a ban. A law signed September 4, 2026 limits natural kratom to adults 21+, requires labeling with tested mitragynine and 7-OH amounts, and licenses retailers, while banning synthetic kratom and concentrated 7-OH (North Dakota governor's office, checked September 25, 2026).
- Florida's KCPA bill died. SB 994, the "Florida Kratom Consumer Protection Act," died in committee on March 13, 2026, as did its House companion.
- Bans elsewhere. Connecticut (March 2026), Kansas (July 1, 2026) and Tennessee (July 1, 2026) banned kratom this year. Massachusetts placed kratom in Schedule I by emergency order effective August 28, 2026, and California's health department says kratom products are illegal to sell for consumption. Details in the state guide.
- Ohio targeted derivatives. An Ohio Board of Pharmacy emergency rule effective December 12, 2025 made concentrated derivatives such as 7-OH illegal to sell or possess, while natural kratom remained exempt (Scioto Valley Guardian).
Federal status
- The federal KCPA bills weren't enacted. Sen. Mike Lee and Reps. Mark Pocan and Jack Bergman introduced the Federal Kratom Consumer Protection Act (S. 3039 and H.R. 5905) in October 2023 (Marijuana Moment). They would have barred the FDA from treating kratom more restrictively than foods or supplements and set up a kratom research task force. Bills that don't pass expire at the end of a Congress; we found no reintroduced version in the 119th Congress as of September 28, 2026.
- Federal action has focused on 7-OH instead. In July 2026 the DEA moved to temporarily place 7-OH above a set threshold, plus mitragynine pseudoindoxyl, MGM-15 and MGM-16, in Schedule I (DEA). The AKA sued the DEA on August 27, 2026 over how that order applies to botanical kratom. See what is 7-OH.
- The FDA's position is unchanged: kratom "is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food" (FDA).
What the KCPA means for buyers
- Age: expect 21+ checks in KCPA states. Most vendors we rate sell only to adults 21+ everywhere (vendor list).
- Labels and lab reports: KCPA-style rules push toward batch-level testing and alkaloid labeling. Whatever your state, you can check a vendor's COA yourself; see how to read a kratom lab report.
- 7-OH: KCPA caps and new state and federal action all target concentrated 7-OH. We don't list 7-OH products.
- Check before ordering. Vendor shipping lists lag behind new laws; our state guide is updated as laws change.
Related: American Kratom Association, best kratom vendors, where to buy kratom online.
Risk note
The FDA has not approved kratom for any medical use and warns consumers not to use it. This page is general information, not legal advice; check your state and local law.