Minnesota Raises Kratom Purchase Age to 21, Increasing Criminal Penalties for Underage Sales

Why it matters

Minnesota's new law, signed by Gov. Tim Walz in May and effective August 1, 2026, raises the kratom purchase age from 18 to 21 and makes selling to minors a gross misdemeanor — part of a national wave of state-level kratom regulations choosing targeted access controls over outright prohibition.

The big picture

Minnesota's approach contrasts with states like Tennessee, Kansas, and North Dakota that have enacted outright bans. Rather than prohibition, Minnesota opted for age-based access controls similar to alcohol regulation. Bills that would have reclassified kratom as Schedule II requiring a prescription failed but could return in the next legislative session.

Key findings

• HF 3453, sponsored by Rep. Jessica Hanson, was signed by Gov. Tim Walz on May 5, 2026 and took effect August 1
• The law raises the legal purchase and possession age from 18 to 21
• Selling kratom to anyone under 21 is now a gross misdemeanor; possession by those under 21 is a misdemeanor
• A Minnesota addiction physician described kratom risks as producing significant morbidity in addition to deaths
• A bill to classify kratom as a Schedule II substance requiring a prescription failed during the previous legislative session

What they say

"This is just such a danger. We are not just having deaths; we are having significant morbidity," said Dr. Kurt DeVine, an addiction physician in St. Cloud, Minnesota.

Bottom line

Minnesota's age-21 kratom law takes a middle path between outright bans and no regulation, setting criminal penalties for underage sales while stopping short of statewide prohibition.