2026 Kratom Legal Status Update
- February 2026
- By: Coco Johnson
If you’ve been hearing snippets of information that leave you asking “is kratom legal,” you’re not alone. In 2026, kratom legality is shifting fast, and the pressure is coming from multiple angles. The community is facing outright state ban bills, agency rulemaking, and proposals that would roll back consumer-protection frameworks that many responsible vendors already follow.
One important note before we get into the state-by-state roundup: when a bill places kratom (or its key alkaloids) into a Schedule I category at the state level, it typically turns ordinary possession into a criminal issue under that state’s law. That’s the immediate threat in several states right now.
Kratom Legality in 2026: State-by-State Guide to Where Kratom Is Legal
At the federal level, kratom itself is not currently listed as a controlled substance under the federal schedules, even though federal agencies have taken a firm stance on how kratom products may be marketed.
So is kratom legal in the US? Federally, it is not scheduled, but state and local rules can override access in practice. That’s why the best answer to the question is still: “It depends on where you live, and what lawmakers do next.”
2026 Legislative and Regulatory Threats: Where is Kratom Legal in the US?
California
If you’re wondering,“Is kratom legal in California?,” it’s important to note that the legislative picture is unusual right now. There are no active California Legislature bills that would ban kratom statewide this session, but the California Department of Public Health has been warning retailers and taking enforcement action against products it considers unlawful to sell for consumption under state and federal law.
Georgia
Georgia has a direct criminalization proposal on the table. House Bill 968 would place mitragynine and 7-hydroxymitragynine (7-OH) into the state’s Schedule I list and would repeal parts of Georgia’s existing kratom regulation.
Iowa
Iowa is seeing multiple pushes that point in the same direction: a Schedule I classification for kratom.
SF 2013: Designates kratom as a Schedule I controlled substance and applies penalties.
HSB 508 / HF 2133: The House version moved from study bill format to HF 2133.
New Jersey
New Jersey’s S2271 (“CJ’s Law”) proposes criminal penalties tied to kratom products, including manufacturing, possession, and sale, as described in the bill text and statement.
Ohio
Ohio is a major watch state because the pressure is coming through agency action, not only through bills. There is a public comment deadline tied to a possible scheduling move by the Ohio Board of Pharmacy.
Ohio also issued guidance around an emergency action focused on certain “mitragynine-related compounds,” while stating that natural kratom in vegetation form containing trace 7-OH was not banned under that emergency rule.
South Carolina
South Carolina passed a Kratom Consumer Protection Act recently, then entered 2026 with new bills that would swing back toward prohibition. H.4636 (and similar bills in the same cluster) proposes adding kratom to Schedule I and repealing the state’s KCPA.
South Dakota
South Dakota’s SB 77 sought to ban kratom and kratom products and set penalties. Legislative tracking shows it failed a Senate floor vote on January 22, 2026, but the debate itself signals ongoing risk.
Utah
Utah is another high-impact state because it already has a well-known consumer-protection framework. SB 45 would repeal Utah’s Kratom Consumer Protection Act and schedule alkaloids found in or derived from kratom as Schedule I controlled substances.
Washington
Washington’s proposals are different in form, but still matter for kratom legality in day-to-day access. One bill proposed a steep 95% tax on kratom products, and separate proposals have explored regulatory approaches that distinguish concentrated alkaloid products from traditional leaf-style products.
Kratom vs. 7-OH: A Quick Distinction Lawmakers Keep Running Into
Kratom is the plant material (often sold as leaf powder), while 7-hydroxymitragynine (7-OH) is one of the alkaloids associated with the plant and is showing up in newer, concentrated product formats. Several policy debates now treat “kratom” and “7-OH” as the same thing, which can lead to overly broad bans.
Federally, the FDA has publicly stated it is targeting 7-OH, and “is not focused on natural kratom leaf products”. In Ohio’s emergency action, the state also drew a line between certain compounds and natural vegetation-form kratom.
That difference will matter more and more in 2026 discussions, especially in states deciding between consumer-protection regulation and blanket scheduling.
How You Can Get Involved in Advocacy
If you care about kratom legality, then getting involved is a great idea to fight for your rights. Kratom advocacy works best when it’s timely, local, and specific.
- Track your state and sign up for alerts. This page is built for quick checks and action steps by state.
- Show up where decisions happen. Committee hearings and public-comment windows can change outcomes. Ohio’s Board of Pharmacy comment portal is one example of a time-sensitive process.
- Contact your representatives with bill numbers. Short, respectful messages that reference the exact bill (ex: GA HB968, IA SF2013, UT SB45) are easier for offices to route and log.
- Ask for regulation that does not ban everyone. Many lawmakers respond better to enforceable standards than to a yes-or-no shouting match. (This is where labeling rules, age limits, and testing requirements come up in policy conversations.)
- Share vendor-quality expectations. If you buy kratom, talk about transparency: third-party lab testing, documented quality systems, and clear labeling.
Staying Ahead of 2026 Kratom Legality Changes
The big takeaway from this 2026 kratom legal status update is simple. Kratom legality is still being shaped in real time. A bill can move quickly, a committee hearing can pop up with short notice, and agency actions can change the practical answer to, “Is kratom legal?,” in a matter of weeks. If you care about keeping access while pushing for clear, enforceable standards, staying informed is part of the routine.
If you’re sorting through headlines, our knowledgeable Kratom Spot team is here for you. Our friendly staff can help point you toward up-to-date resources, explain what’s being proposed in plain language, and guide you to trustworthy information so you can make informed decisions.
Reach out any time with questions, and let’s keep the conversation professional, factual, and focused on protecting responsible access.