Kratom Under Attack: New 2026 Bills Aim to Criminalize Consumers Across the U.S.

UPDATE APRIL 15, 2026: KANSAS law banned 7-OH. Kratom ban likely to pass as governor unlikely to veto
UPDATE APRIL 14, 2026: KENTUCKY will likely ban all kratom sales but not possession
UPDATE APRIL 10, 2026: KANSAS bans kratom 7OH.
UPDATE APRIL 9, 2026: TENNESSEE House passes ban bill.

Note: This article lists only the bills that will potentially ban plain leaf kratom. Other bills not covered here, such as kratom consumer protection acts (KCPA), will ban all products containing more than a certain percentage (typically 2%) of 7-hyrdroxymitragynine (7-OH). Other measures, such as the emergency rule in Florida, are problematic for highly concentrated extract products whose manufacturers seek to include more than the allotted 400 ppm of 7-OH in their products. Many of these states also have concurrent KCPAs.

Another Note: Please contact representatives in these states who are sponsoring and voting on these bills. Our comments section is for discussion only. Commenting on this page or even on Legiscan, which is not a government website, will not get the message out to the specific legislators.

A new year brings a new legislative season. Thousands of kratom consumers around the country are being threatened with criminalization in the form of state bans, as we wait for the federal government to move forward with criminalizing all consumers of 7-OH via a national law that would make 7-OH a Schedule I controlled substance.

ARIZONA

BAN DIED IN COMMITTEE

UPDATE 2/19 Reddit post from AKA: “The proposed an amendment to SB 1285 that would classify kratom as a narcotic and remove the Arizona Kratom Consumer Protection Act failed in committee. Thank you to everyone who contacted! AKA legislative team will keep monitoring AZ and other states for bans”

On February 17 the American Kratom Association (AKA) announced in a post on Reddit.com/r/kratom:

Senator S. Bolick has proposed an amendment to SB 1285 that would classify kratom as a narcotic and remove the Arizona Kratom Consumer Protection Act. The hearing is likely to be Wednesday the 18th so we need to act fast. Go to https://www.protectkratom.org/arizona to contact the Senator and view the amendment. We need everyone to email her and request she remove kratom from the amendment and support the KCPA

SB1285 initially was a bill seeking to update a law regarding felonies committed by incarcerated persons to cover felonies committed in private correctional facilities, rather than just state-owned prisons. Until the amendment was added, the bill had nothing to do with kratom. The amendment updates Arizona’s list of controlled substances to include “kratom”, “7-hydroxymitragynine”, and mitragynine and any substance that is derived from the mitragyna speciosa plant”. The amendment would also make it that “Title 36, chapter 6, article 10, Arizona Revised Statutes, is repealed” — Arizona’s Kratom Consumer Protection Act, passed in 2019.

CALIFORNIA

Months after deciding that kratom is illegal, the California Department of Public Health (CDPH) continues to remove kratom and 7-OH products from shelves, despite no law prohibiting either substance. On January 16, CDPH once again gave its justification in an announcement:

Under the Sherman Food, Drug and Cosmetic Act (aka Sherman Law), CDPH has authority specific to adulterated or misbranded food, drug, medical device and cosmetics. Food and dietary supplements containing kratom and/or 7-OH are adulterated pursuant to federal and state law. To date, CDPH has seized more than $5 million worth of kratom and 7-OH products. CDPH continues to take action to remove products or raw materials containing kratom or 7-OH from retail facilities selling to consumers for consumption and from locations where these products are manufactured.

CDPH has no authority to arrest citizens who are in possession of kratom or 7-OH products.

There are currently no bills that would ban kratom in the California Legislature.

CONNECTICUT – KRATOM BANNED

UPDATE 2/25/26

From the Connecticut Department of Consumer Protection 2/24/26: “The Legislative Regulation Review Committee unanimously approved regulations Tuesday to update the controlled substance drug schedule for several substances, including Mitragyna Speciosa, also known as Kratom. Connecticut is the seventh state to designate Kratom and its derivatives, including 7-OH, as Schedule 1 controlled substances.” “In addition to mitragyna speciosa (kratom), including its leaves, stem and any extracts, the following substances have also been designated as schedule 1 controlled substances:

• Phenibut
• 7-hydroxymitragynine (7-OH, a kratom derivative)
• Bromazolam
• Flubromazolam
• Nitazenes, including, but not limited to, isotonitazene
• Tianeptine”

In 2025, Connecticut passed a bill to direct the Commissioner of Consumer Protection to schedule kratom under. The Commissioner was to then decide under which controlled substances schedule kratom was to be placed. Despite overwhelming opposition represented in public comments, the Commissioner decided that kratom would be placed under Schedule I.

On February 24, the Legislative Regulation Review Committee (LRRC) will review and may vote on the proposed Schedule I legislation. The LRRC has a March 12 deadline to make a decision on the legislation. The ban will be considered passed if the LRRC does not disapprove of it before March 12.

GEORGIA

BAN BILL DIED, Replaced by regulation bill

Georgia Republicans are once again trying to criminalize consumers of kratom and 7-OH. HB968 was introduced on January 16, “as to provide that mitragynine and hydroxymitragynine [sic] (7-OH) are Schedule I controlled substances”.

IDAHO

UPDATE March 20: Vote postponed by committee until March 25, with some members reluctant to criminalize consumers who testified at hearing, according to a report by The Lewiston Tribune.

Sponsored by the Idaho House State Affairs Committee, H0864 “Amends existing law to provide that certain substances involving mitragynine shall be Schedule I controlled substances.” The bill was introduced on March 10 and referred to the Health & Welfare committee. In February, the Idaho Senate Agricultural Affairs Committee rejected a bill that would regulate kratom.

ILLINOIS

UPDATE 3/27/26: HB4930 “Prohibits dispensing, distributing, manufacturing, or selling kratom or tianeptine products for human use unless approved by the U.S. Food and Drug Administration” assigned to Executive committee
Re-referred to Rule 2-10 Committee on March 27, 2026

Introduced by Democratic Sen. Cristina Castro on February 2, SB3160 creates the Kratom Prohibition Act. It “prohibits the purchase, possession, sale, or distribution of any product containing kratom.” As of February 10, the bill has been assigned to the Executive Committee.

HB3129 adds kratom and 7-OH to Schedule III. It was introduced in 2025. On February 5, 2026, Republican Rep. David Severin was added as a co-sponsor, indicating it may re-emerge this year.

IOWA

UPDATE as of 3/19/26: HF2133 passed the Iowa House. SF2192 is attached as a companion bill. On 3/19 it was placed on the calendar as “unfinished business”, meaning it is a high priority item.

Two bills in Iowa are advancing to make kratom a Schedule I controlled substance: HF2133 and SF2192. As of March 11, HF2133 has been advancing through the amendment process.

Rep. Izaah Knox stated, “It seems like bad actors doing bad things; bathroom chemists… But an unintended consequence may be that a good product is off the market until we figure out some better ways to regulate it.”

Not even a year ago, HF612, a bill that would regulate kratom and make it illegal to sell anything with a concentration above 2% of 7-OH was recommended passage by the Iowa House’s Public Safety subcommittee on March 4, 2025, but never advanced to a vote.

KANSAS – KRATOM 7OH BANNED, Plain Leaf Kratom Ban Passed Both Houses, Unlikely to be Vetoed

UPDATE 4/15 The law signed by Gov. Kelly bans 7OH only despite multiple legislators in the committee (reported on below) and media reports stating all kratom would be involved in this bill. This is due to the fact that these legislators do not and will not learned the difference between the substances. However another ban of all kratom, including plain leaf, sits on Gov. Kelly’s desk: SB430. This unequivocally adds mitragynine to the state’s list of Schedule I controlled substances. The governor has 10 days to veto this bill, or it will become law. Kansas legislative session adjourned on 4/11/26

UPDATE 4/10. Governor Laura Kelly signs last minute bill sneaked into an unrelated bill banning kratom 7OH. A press release from Gov. Kelly’s office states:

Governor Laura Kelly today announced she has signed House Bill 2365, which amends the Uniform Controlled Substances Act (CSA) to designate 7-OH kratom related substances to Schedule I designation. Schedule I designates a substance to have a high potential for abuse and without a currently accepted medical use. 

“The U.S. Food and Drug Administration is in the process of determining whether kratom is a safe and effective means of treating certain medical conditions,” Governor Laura Kelly said. “Until such a time as quality scientific reviews determine positive impacts and minimal health risks, it is wise to safeguard the health of Kansans.” 

UPDATE 3/29 Kansas sneaked a last minute kratom ban into a bill having nothing to do kratom (HB2365 “Establishing the south central regional mental health hospital”). The bill passed both the Kansas House and Senate before the legislative session ended on Friday 3/27. The bill now sits on the governor’s desk. In this disgustingly enlightening video of the Committee on Senate and House Health conference from 3/24, committee members are shown casually deciding to criminalize thousands of Kansans by moving a failing kratom prohibition bill (SB497) into a bill more likely to pass (HB2385). Representative Susan Ruiz (D) from Kansas’ 23rd House district in suburban Kansas City was the lone voice speaking out against kratom prohibition in the committee.

“Folks are using it in a regulatory kind of way in order to take themselves off of heroin. And if you know anything about heroin, once you’re addicted to heroin, when you come off of that, you have to take methadone, which is another opioid, and it causes lots of problems… I’m getting emails from veterans… and they’re using this very successfully and are able to not just address their PTSD but any other kind of chronic pain that they are experiencing. I think it would be very wrong for us to move this into Schedule I. It prevents us from doing any more research on this and it makes it illegal and it’s going to create a black market for it. We’re not going to stop people from using it, but it’ll be illegal. But these are folks who are they’re working people, you know, they have jobs, they have families, and they’re able to function with this kratom. I really think that…out of a lot of things that we’ve looked at this session, this kratom and looking at the 7-OH really needs much more investigation and research by this legislature. An interim committee would be appropriate because we didn’t hear from all these folks when we heard this in committee. None of these folks came forward because they didn’t know what it was going to be, what it was going to do. And so now they have all come forward. We need to hear from the people in Kansas who are able to successfully use this. And what we need are regulations, we need guard rails on it, but just to write out say it’s all illegal, it is just wrong. It is wrong for all these folks who are being able to use it now. I just ask that we not move this into a Schedule I and that we look at an interim committee and I think it would be very appropriate for this conference committee to do this and and ask for it to go into um an interim committee, or it just needs more study. The fact that that our Senator Clifford who’s very knowledgeable on a lot of things couldn’t really speak to it. I think that’s important because there’s a lot of legislators who I’ve been talking to, other representatives and other senators, and a lot of people can’t really even describe to you what this is. And so for us then to act on it I think is wrong.”

Senator Beverly Gossage replied, ” I would just say that this bill was brought to us by the Kansas Bureau of Investigation and asked that we make this illegal.”

Senator William Clifford, an eye doctor, replied, “It wasn’t that I didn’t have anything to say, I just chose not to say anything. This fits Schedule I. There are no proven uses for it that are scientifically proven in studies and it has addictive potential. The problem for our agents is they don’t know what they’re looking at when they go in the store. Just like THC, the potency of the plant is totally unknown. I think it’s unsafe for the public. I think in the interim I welcome studies. But I think interim it needs to be on Schedule I. Obviously we can change that in the future.”

Introduced on February 6th, SB497 adds kratom to schedule I of the uniform controlled substances act, making all kratom illegal and criminalizing Kansan kratom consumers. On March 5, the bill passed the Senate 33-5. It currently sits in the Health and Human Services committee as of March 17. Two hearings on March 11 and March 16 were cancelled.

KENTUCKY – KRATOM SALES to be BANNED

UPDATE 4/14/26: Kentucky will apparently ban all kratom SALES. Gov. Beshear vetoed a small portion of HB757, a 380-page omnibus bill. The portion he vetoed had to do with erecting a statue of Mitch McConell, not kratom. The kratom sales ban was tacked on at the last minute. He still has 10 days from the end of legislative session to veto the ban portion of the bill. IMPORTANT: Kratom will NOT become a Schedule I substance. Kratom consumers will not be criminalizing for buying kratom out of state. Possession will remain legal.

Kentucky had the opportunity to pass a bill that would have created a “Department of Psychoactive Substances” to regulate kratom, hemp, and similar products, similar to a bill that was passed in the Czech Republic.

Instead, like Kansas, Kentucky lawmakers sneaked a last minute ban of all kratom into a bill (HB757) having to do with trade rules. The code that had regulated kratom sales (KRS 217.2022) was amended to ban sales of all kratom flat out, instead of banning sales to individuals under 21, and banning sales of contaminated or adulterated kratom. The bill also increases fines by 10 times the previous amount.

MARYLAND

UPDATE 3/19: SB820 unanimously passes Senate after Third Reading

Two bills have been introduced that will ban the sale of kratom, but not possession. SB820 and HB1523 will make kratom an “unauthorized consumable product”, “prohibiting a retailer from distributing, selling, exposing for sale, or advertising for sale unauthorized consumable products; authorizing the Executive Director of the Commission to seize, confiscate, or destroy unauthorized consumable products”.

MICHIGAN

UPDATE 3/27: HB5537 passed the Michigan House 56-48. Referred to Senate Government Operations Committee on 3/24/26

Michigan House introduced HB5537 on February 19 that would ban the sale and production of kratom or any “synthetic variant” of kratom (such as 7-OH). Penalties for a first offense could include fines and imprisonment. Possession of kratom would remain legal.

The bill is technically bipartisan (29 Republicans and one Democrat have co-sponsored). It was introduced, read a first time, and referred to the Committee On Regulatory Reform on February 19.

MINNESOTA

UPDATE 3/12: More bipartisan sponsors added to HF3452

Introduced February 19, HF3452 would make kratom a Schedule II controlled substance in Minnesota. Kratom would share the same classification as morphine, opium, and cocaine. Schedule II would acknowledge that kratom has an accepted medical use, but would criminalize people in possession of kratom without a prescription. More sponsors were added to the bill on March 12. SF3711 is the companion bill.

MISSISSIPPI

SCHEDULE III TABLED

Though this bill is effectively dead, many towns and counties have laws banning kratom locally.

A bipartisan bill in Mississippi, HB865, that sought to make kratom a Schedule III controlled substance has been tabled on February 10. Schedule III recognizes a possible medicinal use for a substance, but it will still remain illegal to sell and possess on the open marketplace. For example, ketamine is also a Schedule III controlled substance in Mississippi. Possession of 50 grams or less of a Schedule III substance in Mississippi could still result in one year in prison.

OHIO

The Ohio Board of Pharmacy’s process to ban mitragynine and natural leaf kratom is ongoing. An initial public comment period ended on January 28. Next steps for advocates have been outlined in an r/kratom Reddit post, including submitting written testimony for a public by February 24, contacting the Joint Committee on Agency Rule Review (JCARR), contacting various Ohio representatives, contacting the Common Sense Initiative, and signing petition.

Currently the ban is waiting to be reviewed first by the Common Sense Initiative (CSI). CSI examines whether the rule is necessary, whether the costs are justified, and whether less burdensome alternatives exist. Then, if approved by CSI, the rule will be reviewed by JCARR, the legislative body that can approve or block administrative rules.. JCARR evaluates whether the Board has acted within its statutory authority, followed proper procedure, and used reasonable justification.

If JCARR does not block the rule, the Board may proceed to final adoption of the rule. Once adopted and filed, the rule becomes part of the Ohio Administrative Code, officially placing the substance into a controlled schedule.

Click/tap here for additional details on the possible Ohio ban

SOUTH CAROLINA

On January 13th, the South Carolina House introduced three bills that place kratom on Schedule I: H4636, H4641, and H4648. Only 8 months ago, the South Carolina Kratom Consumer Protection Act was signed into law by the governor. The act went into effect in July 2025, and prevents vendors from selling kratom to minors, requires kratom products be kept in locked display cases, implements label standards, and limits the amount of synthetic alkaloids in the product.

Prohibitionists, including state representatives, rehabilitation industry executives, and a coroner who claimed two kratom deaths in all of 2025, held a meeting in Berkeley County in early January, a week before the ban bills were introduced. They cited new derivatives like 7-OH as a reason to ban all kratom.

All bills now sit in the House Judiciary Committee as of March 9.

SOUTH DAKOTA

BAN BILLS FAILED

UPDATE 2/19 HB1151 to “Ban kratom and kratom products and to provide a penalty therefor” was introduced on January 27 and sponsored by 9 SD House Republicans. On Feb 17, Bill has FAILED to pass a vote on the House floor. “House of Representatives Do Pass, Failed, YEAS 27, NAYS 39. H.J. 339”. Thank you @LeafWithTaylor for letting us know

SB77 in the South Dakota Senate seeks to ban kratom. However, on January 21st, it passed out of the Senate Health and Human Services without recommendation. It also failed to be placed on the calendar for a floor vote under the Joint Rule that allows for bills to be voted on without recommendation, 20-13.

TENNESSEE

UPDATE 4/10: HB1649 passes Tennessee House.

Four bills entitled “Matthew Davenport’s Law”: SB1655, SB1656, HB1647, and HB1649, have been introduced this year to make the manufacture, sale, and possession of kratom a felony. Matthew Davenport died in 2024 in what his mother initially described as a “lethal interaction” between unspecified kratom products and unspecified prescription drugs. It was later found that Davenport had 3000 ng/ml of diphenhydramine (Benedryl) in his system, enough to cause a toxic fatal overdose on its own. The amount of mitragynine found was high but not considered lethal. No campaign to sue the manufacturers and vendors of Benedryl or criminalize its consumers has occurred in Tennessee or nationally.

In 2013, Tennessee passed legislation making it unlawful to manufacture, sell, or possess products containing synthetic mitragynine or 7-OH. Because that language was broad, many users and vendors initially believed that natural kratom itself was outlawed.

That confusion persisted until a 2017 Attorney General opinion clarified that kratom in its natural botanical form is not a controlled substance under Tennessee law, and only the synthetic alkaloids were prohibited. This clarification effectively overturned the interpretation that kratom was illegal in Tennessee, allowing the sale and possession of natural kratom while keeping synthetic variants banned. In 2018, a KCPA was enacted that further regulated kratom sales.

UTAH

BAN BILL AMENDED AS NOT TO BAN PLAIN LEAF KRATOM

UPDATE FEBRUARY 19: SB45 has been updated to allow plain leaf kratom to remain legal. According to Utah News Dispatch:

Senate Majority Assistant Whip Mike McKell, R-Spanish Fork, still believes a total ban of kratom, either natural or artificial, is appropriate. But, saying he needs to work with House representatives, he changed his bill on the Senate floor Wednesday to a more flexible proposal allowing only pure leaf kratom with more restrictions.

“This is going to be very narrow. This is going to eliminate, hopefully, 90% plus of our problems in the state of Utah, but we are going to allow pure leaf kratom to be sold in the state of Utah. That’s going to be done in specialty shops,” McKell told the Senate.

The bill passed the Senate and is now being read in the House.

Initially, SB45 would have repealed Utah’s Kratom Consumer Protection Act (KCPA) and designate all alkaloids in kratom as Schedule I controlled substances. However, the bill is more stringent than the previous KCPA, capping 7-OH at 0.4%, lower than the typical 2% written into most KCPA laws. This will eliminate some of the more popular liquid extract products.

Utah’s KCPA was the first such law passed in the United States in 2019.

WEST VIRGINIA

HB4459, sponsored by 10 Republicans, seeks to make kratom a Schedule I controlled substance. The bill was introduced on January 16 and referred to the House Public Health Committee on February 11. As of February 18, the bill sits in the House Health and Human Services Committee.

WYOMING

BAN DEFEATED

HB185, a “Kratom prohibition” bill, has been introduced on February 11 into the Wyoming legislator by Republican Rep. Pepper Ottman. The bill specifically refers to the Food and Drug Administration (FDA) decision to recommend a national ban on 7-OH to justify a state ban on all kratom. A first offense for possession of kratom could result in 6 months in prison.

UPDATE 2/23: Ban has been defeated