Guide

Kratom Legal Status by State (2026): Where Kratom Is Banned, Regulated or 21+

Where kratom is banned, where it's regulated with 21+ age limits, and what changed in 2025-2026, including the federal 7-OH action.

By KratomRated editorial team

Updated 4 min read

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As of September 2026, kratom leaf is banned in nine states: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont and Wisconsin, plus some cities and counties. It is legal in most other states, often with a 21+ age limit and labeling rules. Three of those bans took effect in 2026 alone, so check this page and your local rules before ordering.

This is a research summary, not legal advice. Laws change quickly and trackers don't always agree; we note sources for each point and last checked them on September 25, 2026.

Federal status

  • Kratom is not a federally controlled substance. The DEA lists it as a "drug of concern," according to NIDA and the NIH's NCCIH.
  • The FDA has not approved kratom for any medical use. The agency says "kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food," and warns consumers not to use it (FDA).
  • 7-OH action (July 2026). On July 1, 2026, the DEA announced it would temporarily schedule 7-hydroxymitragynine above a specified threshold, plus mitragynine pseudoindoxyl, MGM-15 and MGM-16, in Schedule I. The notice was published in the Federal Register on July 6. Law firm Spencer Fane wrote that the order could take effect as early as August 5, 2026 and that temporary scheduling lasts two years. The DEA said the action "does not apply to botanical kratom products that contain naturally occurring 7-OH below the specified threshold." More in what is 7-OH and why we don't list it.

States where kratom is banned (September 2026)

StateStatusSinceSource
AlabamaSchedule I2016Restoration Recovery tracker
ArkansasSchedule I2016Restoration Recovery tracker
ConnecticutSchedule IMarch 25, 2026NBC Connecticut, Fox61
IndianaBanned under synthetic-drug statuteBefore 2025Restoration Recovery tracker
KansasMitragynine and 7-OH illegal to possess, sell or buyJuly 1, 2026KCTV5
LouisianaPossession and distribution criminalizedAugust 1, 2025Louisiana Dept. of Revenue
TennesseePossession a misdemeanor; sale a felonyJuly 1, 2026Nashville.gov
VermontSchedule IBefore 2025Restoration Recovery tracker
WisconsinSchedule IBefore 2025Restoration Recovery tracker

The QuickMD tracker (updated September 17, 2026) lists the same nine states plus North Dakota. North Dakota's emergency ban has since been replaced by a regulatory law, as described below.

Tennessee details

Tennessee's law, known as Matthew Davenport's Law, was signed May 7, 2026 and took effect July 1, 2026. According to the Restoration Recovery tracker, knowing possession is a Class A misdemeanor and manufacture or sale is a Class C felony. Nashville's beer permit board reminded retailers of the July 1 effective date.

Kansas details

From July 1, 2026, Kansas law makes it "illegal to possess, sell or purchase kratom, 7-OH and other controlled substances," KCTV5 reported, citing House Bill 2365 and Senate Bill 430.

North Dakota: from emergency ban to 21+ regulation

On August 3, 2026, Governor Kelly Armstrong declared a public health emergency and banned kratom statewide pending a special session. The legislature did not pass a total ban. On September 4, 2026, the governor signed a law that:

  • bans synthetic kratom, concentrated 7-OH, MGM-15, MGM-16 and mitragynine pseudoindoxyl
  • restricts natural kratom to adults 21 and older
  • requires labeling with lab-tested mitragynine and 7-OH amounts and annual retailer licensing through the Attorney General

The governor rescinded the emergency order. Check whether licensing rules are in effect before buying in North Dakota.

States that regulate kratom (21+ and labeling)

Many states have passed a version of the Kratom Consumer Protection Act (KCPA). According to the Restoration Recovery tracker, KCPA laws typically include a 21+ minimum age, alkaloid labeling, third-party testing, a cap on 7-OH (often 2% of the alkaloid fraction) and a ban on synthetic additives. Rhode Island's rules took effect April 1, 2026, per that tracker.

QuickMD lists these states as explicitly requiring buyers to be 21+: Colorado, Florida, Georgia, Kentucky, Maryland, Mississippi, New York, Oregon, South Carolina, South Dakota, Texas, Virginia and West Virginia. North Dakota joined that group in September 2026.

State 7-OH rules

Several states restrict 7-OH separately from leaf kratom. QuickMD reports that Florida bans 7-OH, Virginia banned concentrated 7-OH from July 1, 2026, and Colorado caps it at 2%.

City and county bans

Kratom can be banned locally even where the state allows it. Local bans reported by trackers and vendor shipping policies include:

What this means when ordering

  • Vendors won't ship to banned areas, but their lists lag behind new laws. Happy Hippo's shipping policy, for example, didn't list Connecticut, Kansas or Tennessee when we checked. The responsibility is yours.
  • Age limits apply. Most vendors we review sell only to adults 21+; see our kratom vendor list.
  • Avoid 7-OH products entirely. They are the focus of both federal and state action.

The FDA has not approved kratom and warns against its use, citing risks including liver toxicity, seizures and substance use disorder. This page is general information, not legal advice; check your state and local law.

FAQ

Frequently asked questions

In which states is kratom illegal in 2026?

As of September 2026, kratom leaf is banned in Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont and Wisconsin, according to state announcements and legal trackers. Some cities and counties elsewhere also ban it.

Is kratom legal federally?

Kratom is not a federally controlled substance, and the DEA lists it as a drug of concern. In July 2026 the DEA moved to temporarily place 7-OH above a set threshold and several related compounds in Schedule I; the DEA said this does not apply to botanical kratom with naturally occurring 7-OH below the threshold.

Is kratom legal in North Dakota?

Yes, with restrictions. After a temporary emergency ban in August 2026, North Dakota passed a law signed September 4, 2026 that bans synthetic kratom and concentrated 7-OH and limits natural kratom to adults 21 and older, with labeling and retailer licensing.

What is the legal age to buy kratom?

It depends on the state. Many states with Kratom Consumer Protection Acts set the minimum at 21, and most major vendors sell only to adults 21+ regardless of state law.