Kratom Laws by State: What Smoke Shop Owners Need to Know (2026)
Kratom laws by state are a patchwork. In most states, kratom is fully legal and represents one of the highest-margin, highest-repeat-purchase categories in your shop. In eleven states, it's a controlled substance that can land you in court. And in several others, there are age restrictions, labeling requirements, or pending legislation that could change the rules at any time.
This guide covers the full landscape so you know exactly where you stand.
Federal Kratom Status
The kratom leaf (Mitragyna speciosa) is not a controlled substance at the federal level, but some kratom-derived compounds now are. The DEA proposed scheduling kratom's main alkaloids in 2016 and withdrew the proposal after public comment and Congressional pushback. In 2026 it moved against concentrated derivatives instead. Since August 26, 2026, three compounds related to 7-hydroxymitragynine (7-OH) — mitragynine pseudoindoxyl, MGM-15 and MGM-16 — have been temporarily in Schedule I under a DEA temporary order that runs until August 26, 2028 unless extended. A separate DEA notice published July 6, 2026 proposes temporarily scheduling 7-OH itself above a threshold: kratom plant material with more than 0.050% 7-OH by dry weight, and extracts, pressed pills or synthetic products above 0.050% or 1 mg of 7-OH per item. As of September 23, 2026, that order has not been issued. The FDA has also issued warnings about kratom and taken enforcement action against companies making unapproved health claims.
However — and this matters for your business:
- The FDA does not recognize kratom as a dietary supplement or food additive. This means kratom products exist in a regulatory gray area
- The FDA can seize imports: Kratom imported from overseas has been subject to import alerts and seizure
- Health claims are prohibited: You cannot market kratom as treating, curing, or preventing any disease or condition. "Supports wellness" is acceptable. "Cures anxiety" is not — and it can trigger FDA enforcement
Practical takeaway: Plain-leaf kratom is federally legal to sell. Products containing mitragynine pseudoindoxyl, MGM-15 or MGM-16 are not — they are federal Schedule I. 7-OH tablets, extracts and concentrates are already banned in several states and would become federal Schedule I above the proposed threshold if the DEA order issues. The FDA's stance also means you should only buy from suppliers who don't make health claims on their packaging. Claims on the label expose both you and the manufacturer to FDA action.
States Where Kratom Is Banned
As of August 2026, these eleven states ban kratom:
- Alabama: Banned in 2016. Mitragynine and 7-hydroxymitragynine are classified as Schedule I controlled substances. Possession and sale are criminal offenses.
- Arkansas: Banned in 2015. Kratom alkaloids are classified as controlled substances.
- California: Banned statewide — CDPH declared kratom and 7-OH products illegal to sell or manufacture under the Sherman Food, Drug, and Cosmetic Act on October 24, 2025, with full enforcement since February 9, 2026 (statutory scheme AB 1088 pending). See our California state guide
- Connecticut: Banned effective March 25, 2026. Kratom and its derivatives, including 7-hydroxymitragynine, are Schedule I controlled substances. See our Connecticut state guide
- Indiana: Banned in 2014. Mitragynine is a Schedule I synthetic drug. See our Indiana state guide — this is one of Indiana's few product restrictions
- Kansas: Kratom sale is banned statewide.
- Louisiana: Kratom sale is banned statewide.
- Massachusetts: Banned effective August 28, 2026. A Department of Public Health emergency regulation, 105 CMR 726.000, places all kratom in Schedule I under state law and authorizes local boards of health to remove kratom products from retail establishments. The order is temporary and runs for up to one year from its effective date. See our Massachusetts state guide
- Tennessee: Kratom sale is banned statewide.
- Vermont: Banned in 2016. Mitragynine and 7-hydroxymitragynine are regulated as controlled substances.
- Wisconsin: Banned in 2014. Kratom alkaloids are listed as controlled substance analogs. See our Wisconsin state guide
Washington, D.C. is not on this list. The District lists 7-hydroxymitragynine (7-OH) as a Schedule I controlled substance (22-B DCMR § 1201), but neither its regulations nor the D.C. Code list the kratom leaf or mitragynine. Do not stock 7-OH tablets, extracts, or products marketed on their 7-OH content in D.C. The District's 7-OH entry sets no concentration threshold, so it does not expressly exempt the small amount of 7-OH that occurs naturally in leaf — confirm plain-leaf products with DC Health before stocking.
North Dakota is not on this list either — but you still cannot stock it there. The executive-order ban ended September 4, 2026, and the same day HB 1628 created a licensing regime at N.D.C.C. ch. 51-38. A retailer may not sell kratom without a license from the Attorney General, and selling, distributing or advertising it without one is a class B misdemeanor (§§ 51-38-02(1), 51-38-07(1)). The Attorney General cannot issue any license until implementing rules are adopted (§ 51-38-06(4)), and as of September 23, 2026 no rules had been adopted or proposed. North Dakota is therefore neither a banned state nor an open one: there is no lawful route to retail kratom there until rulemaking finishes. Separately, any Mitragyna speciosa material above 0.05% 7-hydroxymitragynine by dry weight is Schedule I in North Dakota (§ 19-03.1-05(3)(lll)), and even a future licensee may not sell products containing kratom extract (§ 51-38-04(1)(b)).
Rhode Island banned kratom in 2017 but repealed the ban effective April 1, 2026 — it is no longer a banned state.
What "Banned" Means for Your Business
- You cannot sell, possess with intent to distribute, or display kratom products
- Ordering kratom from a wholesale distributor and having it shipped to a banned state is a criminal offense
- "I didn't know it was banned" is not a legal defense
- Penalties vary by state but include fines and potential jail time
Practical takeaway: If you're in any of these jurisdictions, kratom is off your product list. Period. No exceptions. Tell your wholesale suppliers not to include kratom in any shipment to your location.
States with Kratom Age Restrictions
Several states allow kratom but restrict sales to adults:
- Arizona: Legal with KCPA protections. No sale to persons under 18
- Georgia: Legal with restrictions. No sale to persons under 21, effective January 1, 2025 (O.C.G.A. § 16-13-121)
- Nevada: Legal with KCPA protections. No sale to persons under 18 (NRS 597.998 — adulteration ban and ingredient labeling, civil penalties up to $1,000)
- Utah: Legal with KCPA protections. No sale to persons under 18
- Oklahoma: Age restriction of 18+
- Illinois: Legal, but sale to anyone under 18 is prohibited under the Kratom Control Act (720 ILCS 642/5). Selling to a minor is a Class B misdemeanor with a fine of at least $500
- South Dakota: Age restriction of 21+ (SDCL 34-20B-115), plus a 2 percent 7-hydroxymitragynine cap, a synthetic-alkaloid ban and mandatory serving-size, alkaloid-content and health-warning labeling (SDCL 34-20B-115.1)
- Nebraska: Legal, regulated under a Kratom Consumer Protection Act. No sale to persons under 21, with online age verification required (Neb. Rev. Stat. § 71-3803; LB 230 of 2025)
- New York: Legal with an age restriction. No sale to persons under 21, signed December 19, 2025 and effective immediately (Public Health Law § 1399-mmm — $500 civil penalty, mandatory signage, ID checks)
These age restrictions mean you should check ID for kratom purchases just as you would for tobacco — even though kratom isn't a tobacco product. Many smoke shop owners apply their standard 21+ or 18+ ID policy to all products uniformly, which covers this.
Practical takeaway: Even in legal states, check ID for kratom. It protects you from liability, aligns with your existing tobacco age-check procedures, and demonstrates responsible retailing to regulators.
KCPA Compliance: The Kratom Consumer Protection Act
The Kratom Consumer Protection Act (KCPA) is model legislation that several states have adopted to regulate (not ban) kratom. It's the most business-friendly regulatory framework for kratom retailers.
What the KCPA Requires
States that have adopted the KCPA (or similar legislation) typically require:
- Labeling: Products must list ingredients, kratom strain/variety, quantity, and the manufacturer's name and address
- No adulteration: Products cannot contain synthetic additives, dangerous contaminants, or concentrations of 7-hydroxymitragynine exceeding natural levels
- No sale to minors: Age restrictions (typically 18+)
- Third-party testing: Products should be tested for contaminants, potency, and identity
- No false health claims: Products cannot be marketed as treating or curing diseases
States with KCPA or Similar Legislation
- Arizona, Georgia, Nevada, Utah, Oklahoma, and others have adopted versions of the KCPA
Why KCPA Matters to You
KCPA compliance protects your business in two ways:
- Legal safety: Selling KCPA-compliant products means you're meeting the state's regulatory requirements
- Product quality: KCPA-compliant kratom from legitimate suppliers is tested, properly labeled, and free from contaminants — which means fewer customer complaints and zero liability exposure from tainted products
Practical takeaway: Even if your state hasn't adopted the KCPA, buy kratom as if it has. Require COAs from your supplier, verify labeling, and refuse products that make health claims. It's the smart standard regardless of legal requirements.
What to Look for in a Compliant Kratom Supplier
Your choice of supplier is your first and strongest compliance tool. A compliant supplier:
- Provides third-party COAs for every batch — testing for alkaloid content, heavy metals, microbial contamination, and pesticides
- Labels every product with strain, quantity, ingredients, manufacturer info, and batch/lot number
- Makes no health claims on packaging — no "cures pain," "treats anxiety," or "replaces opioids"
- Won't ship to banned states — a distributor who ships kratom to Alabama or Indiana doesn't care about compliance
- Is GMP certified or AKA (American Kratom Association) qualified — the AKA's GMP Standards Program is the industry's gold standard for kratom quality
- Can provide a Certificate of Insurance — product liability insurance protects both them and you
For detailed kratom supplier vetting, read our wholesale kratom suppliers guide. Browse kratom and botanical suppliers on SmokeAxis for verified distributors.
Practical takeaway: Ask every kratom supplier two questions before placing an order: "Can you provide a COA for this batch?" and "Will you ship to [my state]?" If the answer to either is wrong, find another supplier.
Record Keeping Requirements
Even in fully legal states, maintaining records protects your business:
- Purchase invoices: Date, supplier name, products ordered, quantities, batch/lot numbers
- COAs: Keep a COA for every batch of kratom you've purchased. Digital copies are fine
- Sales records: POS records showing kratom sales dates and volumes
- Supplier documentation: Supplier contact info, GMP/AKA certifications, business license numbers
- Retention period: Keep records for at least 3 years (some states require 4+)
Why this matters: if a customer makes a product liability claim or a regulator inspects your shop, your records demonstrate due diligence. "I can show you the COA for every batch I've sold" is a powerful defense.
Practical takeaway: Create a simple digital folder system — one folder per supplier, with subfolders for each order containing the invoice and COAs. Ten minutes of filing per order saves you thousands in legal exposure.
Frequently Asked Questions
Is kratom legal in my state?
Kratom is legal in most US states. It's banned in Alabama, Arkansas, California, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, Tennessee, Vermont, and Wisconsin — Rhode Island repealed its ban effective April 1, 2026. Washington, D.C. does not ban the kratom leaf but lists 7-OH as a Schedule I controlled substance. North Dakota is no longer a banned state, but its new licensing regime is not yet operative and no one can lawfully sell kratom there today. Several other states regulate kratom without banning it — most of those set the minimum age at 21, a few at 18. Check your specific state's current law before stocking.
Can I sell kratom without a special license?
In most states, yes — but not everywhere, and the exceptions are growing. Kratom isn't classified as a tobacco product or controlled substance in states where it's legal, so in most of them your standard business license and tobacco retail license are sufficient. These states require more:
- Rhode Island licenses kratom manufacturers, importers, distributors, and retailers (R.I.G.L. ch. 21-28.12, effective April 1, 2026)
- Florida requires every establishment distributing kratom to hold a Food Establishment permit (Rule 5K-4.030(2)(a), F.A.C.)
- Mississippi requires retailers, wholesalers, distributors, and manufacturers to register with the Department of Revenue before selling (HB 1077, applying since October 1, 2025)
- Utah requires each kratom product to be registered with the state before sale (Utah Code § 4-45-108); unregistered product can be seized and destroyed
- Nebraska requires product registration and maintains a public registry (Neb. Rev. Stat. §§ 71-3807, 71-3808)
- Oregon requires kratom processors to register with the Department of Revenue (HB 4010)
- North Dakota requires processors and retailers to hold an Attorney General license (N.D.C.C. § 51-38-02, $10,000 initial fee and $5,000 annual renewal, with criminal-history checks and mandatory pre-sale lab testing). No license can be issued until the Attorney General adopts rules (§ 51-38-06(4)), and none had been adopted as of September 23, 2026 — so North Dakota sales cannot lawfully begin yet
Check your own state before assuming your existing licenses cover kratom.
What is the KCPA?
The Kratom Consumer Protection Act is model legislation that regulates (rather than bans) kratom. It requires proper labeling, prohibits sale to minors, bans adulterated products, and may require third-party testing. States that adopt it create a clear legal framework for selling kratom safely and legally.
How much do smoke shops make on kratom?
Kratom typically carries 80-150% markup at retail. A $4-$6 wholesale pouch retails for $10-$15. Capsules and extracts command higher prices. Repeat purchase rates are high — kratom is a consumable customers restock on a regular cadence — which makes a well-stocked kratom section one of the steadier revenue lines a mid-traffic shop can run. See our wholesale kratom guide for supplier pricing details.
What should I do if my state introduces a kratom ban?
Monitor legislative updates through the American Kratom Association (AKA) and your state legislature's website. If a ban is introduced, reduce your kratom inventory immediately to minimize financial exposure. Don't wait for the ban to pass — a ban announcement can move to enforcement in 30-90 days. Diversify your product mix so kratom doesn't represent more than 15-20% of your total revenue.
This guide is for informational purposes only and is not legal advice. Kratom regulations change frequently. Always verify current requirements with your state authorities before selling kratom products.
Find verified kratom suppliers on SmokeAxis. Browse the kratom supplier directory to compare distributors and request quotes.
