Kratom: federal and state overview

Federal status, state laws, and local bans. Kratom is not federally scheduled as a plant in the sources below; specific alkaloid derivatives are.

Tier tags: L1 statute/ordinance, L2 final or temporary rule, L3 official guidance or agency action, L4 pending bill or proposed rule, L5 news or lead (never law).

Federal

[L3] Federal: FDA position: kratom is an adulterated new dietary ingredient. Quoted: "FDA has concluded from available information, including scientific data, that kratom is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury and, therefore, dietary supplements that are or contain kratom are adulterated under section 402(f)(1)(B) of the FD&C Act." Source: FDA, "FDA and Kratom" (agency statement, T2 not statute)
[L3] Federal: FDA position: not lawfully marketed as drug, supplement or food additive. Quoted: "Based on these determinations by FDA, kratom is not lawfully marketed as a dietary supplement and cannot be lawfully added to conventional foods. Therefore, kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food. What can happen if a person uses kratom?" Source: FDA, "FDA and Kratom" (agency statement, T2 not statute)
[L2] Federal: Kratom-related: mitragynine pseudoindoxyl, MGM-15, MGM-16 temporarily in Schedule I (in force). Quoted: "DATES: This temporary order is effective August 26, 2026, until August 26, 2028. If this order is extended or made permanent, DEA will publish a document in the Federal Register." Source: DEA temporary order, 91 FR 54948 (Aug. 26, 2026), FR Doc. 2026-17429
[L4] Federal: 7-OH threshold scheduling: notice of intent only, pending. Quoted: "SUMMARY: The Administrator of the Drug Enforcement Administration (DEA) is issuing this notice of intent to publish a temporary order to schedule 7-hydroxymitragynine and mitragynine pseudoindoxyl (including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible) when either substance alone, or their combined amount" Source: DEA notice of intent, 91 FR 65370 (Oct. 14, 2026), FR Doc. 2026-20943 (PENDING, not law)

Browser-read official text (batch 6)

[L4] Federal: DEA notice of intent to temporarily schedule 7-hydroxymitragynine and mitragynine pseudoindoxyl (notice of intent, not in force). Quoted (browser-read 2026-10-29, partial): "SUMMARY: The Administrator of the Drug Enforcement Administration (DEA) is issuing this notice of intent to publish a temporary order to schedule 7-hydroxymitragynine and mitragynine pseudoindoxyl (including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible) when either substance alone, or their combined amount if both are present, is above a specified threshold, in schedule I of the Controlled Substances Act (CSA). DATES: October 14, 2026. [NOTE: doc is a kratom/7-OH notice of intent under 21 U.S.C. 811(h), not hemp; no comment deadline found] ..." Source: DEA proposed rule, Federal Register doc. 2026-20943

Official text (batch 7b)

[L2] Federal: Temporary Schedule I: mitragynine pseudoindoxyl, MGM-15, MGM-16 (Aug 26, 2026 to Aug 26, 2028). Quoted (browser-read, manual check): "91 FR 54948 (Vol. 91, No. 164, Aug. 26, 2026, pp. 54948-54956), Docket DEA-1644: 'Schedules of Controlled Substances: Temporary Placement of Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I.' DATES: This temporary order is effective August 26, 2026, until August 26, 2028. If this order is extended or made permanent, DEA will publish a document in the Federal Register." Source: DEA temporary scheduling order, 91 FR 54948 (Aug. 26, 2026), FR Doc. 2026-17429

Browser-read official text (batch 8)

[L1] Utah: Kratom sales to under-21 prohibited. Quoted (browser-read, manual check): "A kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product to an individual under 21 years old." Source: Utah Code Title 4, ch. 45 (Kratom Regulation Act; sections begin at § 4-45-102, no § 4-45-101; version eff. 5/6/2026)
[L3] San Diego (local): City ban on manufacture/sale/possession incl. kratom (2016). Quoted (browser-read, manual check): "The San Diego City Council approved an ordinance on Tuesday, June 14, 2016 that prohibits the manufacturing, sale, distribution and possession of spice, bath salts, kratom" Source: City of San Diego, Guide to Merchants (official city guide citing SDMC § 52.3303; operative code text not fully read)
[L3] Sarasota County, FL (local): County findings on kratom. Quoted (browser-read, manual check): "Specific findings of fact regarding Kratom." Source: Sarasota County Code § 62-348 (findings re kratom), Art. XIII Designer Drugs, § 62-351 (Municode; operative text of § 62-351 not fully read)
[L3] Oceanside, CA (local): Kratom listed in synthetic drug definitions. Quoted (browser-read, manual check): "(94) Kratom; drug 'of concern' for the DEA" Source: Oceanside City Code ch. 20, art. VII (synthetic drugs; Municode; exact section and operative text not fully read)

Lead (not a claim) [L5] Jerseyville, IL (local) — lead only, UNVERIFIED: Ord. 1694 (Apr. 11, 2017) reportedly amends City Code § 6-5C-7 to add "kratom". Seen only on an Illinois Municipal League (iml.org) file copy, not an official city source; not asserted as law.

Official text (batch 9)

[L3] Federal: FDA position on 7-OH in supplements and foods. Quoted: "There are no FDA-approved 7-OH drugs, 7-OH is not lawful in dietary supplements and 7-OH cannot be lawfully added to conventional foods." Source: FDA press release, July 29, 2025 (agency guidance, not law)
[L3] Federal: HHS threshold recommendation for 7-OH and MGPI. Quoted: "HHS recommends that 7-OH and MGPI be subject to Schedule I control when either substance alone, or their combined amount when both are present: Exceeds 1 milligram per gram in solid products or 1 milligram per milliliter in liquid products, or when the ratio of mitragynine to 7-OH, MGPI, or their combined amount is less than 100 to 1." Source: FDA, Hiding in Plain Sight: 7-OH Products (agency page; describes HHS recommendation, not a final DEA order)
[L3] Denver, CO (local): Denver agency guidance caps 7-OH share of alkaloids. Quoted: "7-OH content in the alkaloid fraction may not exceed 2% of the alkaloid composition of the product" Source: Denver DDPHE, Kratom Labeling Requirements (agency guidance document; undated; no Denver kratom ordinance cited)
[L2] Florida: Emergency rule added concentrated 7-OH to Schedule I (superseded; current rule UNVERIFIED). Quoted: "The proposed emergency rule adds 7-Hydroxymitragynine (methyl (E)-2¬((2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo(2,3-¬a)quinolizin-2-yl)-3-methoxyprop-2-enoate) concentrated at a level above four hundred parts per million on a dry-weight basis to Schedule I, subsection 893.03(l)(a), F.S." Source: Fla. emergency rule 2ER25-2, FAR notice 29901916 (published 8/20/2025; page states it is superseded by 2ER25-3, which was not read)
[L1] Florida: SB 432 was enacted, contrary to the lead file. Quoted: "Effective Date: 10/1/2026 except as otherwise provided Last Action: 6/17/2026 - Chapter No. 2026-148" Source: Fla. CS/SB 432 (2026), Ch. 2026-148, Senate bill page (whether the enacted text schedules 7-OH is UNVERIFIED; bill text not read)
[L1] Utah: Kratom sales to under-21 prohibited. Quoted: "may not distribute, sell, or offer for sale a kratom product to an individual under 21 years old." Source: Utah Code Title 4, ch. 45 (Kratom Regulation Act, chapter PDF eff. 5/6/2026; not the Kratom Consumer Protection Act named in the lead file)
[L3] Mississippi: Kratom excise tax (no Sept. 29, 2026 change found). Quoted: "Effective July 1, 2025, kratom products are subject to an excise tax rate of twenty-five percent (25%) of the manufacturer’s list price." Source: Miss. DOR Notice 72-25-12 (July 14, 2025; agency notice)

Official text (batch 10)

[L1] Arizona: Kratom product definition (Kratom Consumer Protection article). Quoted: "2. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa." Source: A.R.S. § 36-795(2)
[L1] Nevada: Kratom sales to under-18 prohibited. Quoted: "1. A person shall not knowingly sell or offer to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 18 years." Source: NRS 597.998(1)
[L1] Texas: 7-OH capped at 2% of alkaloid fraction. Quoted: "(3) contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the product; or" Source: Tex. Health & Safety Code § 445.003(3) (redesignated from ch. 444 eff. 9/1/2025)
[L1] Oklahoma: 7-OH capped at 1% of total kratom alkaloids. Quoted: "in which the level of 7-hydroxymitragynine, on a percent weight basis, is not greater than one percent (1%) of the amount of" Source: Okla. SB 891 (2025), enrolled, amending the Oklahoma Kratom Consumer Protection Act
[L1] Oklahoma: Effective Nov. 1, 2025. Quoted: "shall become effective November 1, 2025." Source: Okla. SB 891 (2025), enrolled (became law without signature 5/22/2025 per Legislature bill history)
[L2] Ohio: 7-OH and related compounds Schedule I by regular rule; natural leaf excluded. The EO 2025-08D emergency rule (12/12/2025) is EXPIRED/superseded, not the operative text. Quoted: "The following are classified as schedule I controlled substances: Mitragynine-related compounds, whether synthetic or naturally occurring substances contained in the plant, or in the resinous extractives of mitragyna speciosa (also known as kratom) and/or synthetic substances, derivatives, prodrugs, isomers, esters, ethers, salts and salts of isomers, esters and ethers with similar chemical structure." Source: Ohio Adm. Code 4729:9-1-01.1 (effective May 19, 2026; prior effective date 12/12/2025 emergency)

Thynk Industries, DBA Zero Human Thynk — The nation's premier cannabis, hemp, kratom, psychedelics, peptides & nicotine compliance experts since 2009. Trial policy wiki; not legal advice.

Authority tiers: L1 statute, L2 final/temporary rule, L3 official guidance, L4 pending bill/proposed rule, L5 news/lead/commentary (never law). Sources checked: 2026-10-30.