ASTHO: Five States Enact New Kratom Laws in 2026 as State Regulatory Wave Accelerates

Why it matters

A comprehensive roundup from the Association of State and Territorial Health Officials confirms that at least five states enacted new kratom legislation in the first half of 2026, marking the most active state regulatory year for kratom on record.

The big picture

As of January 2026, 31 jurisdictions regulate kratom in some form. States are moving in multiple directions — some imposing outright bans while others establish age limits, labeling requirements, and excise taxes. The wave reflects growing recognition of kratom's health risks alongside a national policy debate about the best regulatory approach. ASTHO tracks key public health legislation across all 50 states and territories.

Key findings

• As of January 2026, 31 jurisdictions regulate kratom or its components — up from 30 at end of 2025.
• New York enacted two bills: an age-21 purchase restriction and mandatory warning labels on kratom products.
• Virginia and West Virginia enacted age-21 restrictions and sales regulations for kratom products.
• Nebraska enacted an excise tax on kratom products, one of the first states to tax kratom sales.
• Utah enacted two bills regulating kratom processors, retailers, and age requirements.
• Kansas and Tennessee bans on kratom and 7-OH take effect July 1, 2026.

What they say

ASTHO noted that state legislatures "are taking action to address kratom, a plant-based substance with the potential for serious side effects, including substance use disorder and withdrawal symptoms."

Bottom line

2026 is the most active state legislative session for kratom regulation in U.S. history, with at least five new laws enacted and outright bans in Kansas and Tennessee taking effect July 1.