NCSL Survey: 31 States Now Regulate Kratom, With Sharp Divide Between Bans and Consumer Protection Models

Why it matters

With 31 states now regulating kratom and more bills advancing in 2026, the policy patchwork is becoming more complex for consumers, retailers, and healthcare providers. Understanding how states are diverging — bans versus consumer protection versus hybrid models — matters for anyone prescribing, dispensing, or researching kratom.

The big picture

State kratom regulation has accelerated dramatically in 2025–2026, driven by the rise of high-potency synthetic 7-OH products and the FDA's formal Schedule I recommendation. The federal government has not scheduled kratom itself, but state action is filling the void in dramatically different ways. Some states are drawing a careful line between natural leaf and synthetic derivatives; others are banning all kratom products outright with criminal penalties.

Key findings

• As of July 2026, at least 31 states and Washington D.C. regulate kratom or its components in some form
• Tennessee became the eighth state to fully ban kratom under Matthew Davenport's Law (HB 1649), effective July 1, 2026 — possession is a misdemeanor, distribution a felony
• Kansas (HB 2365) joined Alabama, Arkansas, Indiana, Louisiana, Vermont, and Wisconsin by placing kratom alkaloids in Schedule I
• Ohio permanently banned synthetic kratom compounds via pharmacy rulemaking while keeping legislative deliberations open on natural kratom
• Colorado restricts sales to adults 21+, bans synthetic alkaloids, and caps 7-OH at 2% of total alkaloids
• 22 states impose age restrictions; 19 states require labeling; Rhode Island reversed an earlier ban and now regulates while prohibiting 7-OH outright

What they say

Ohio Rep. Sean Patrick Brennan described his state's approach as "a thoughtful and targeted step to protect Ohioans, especially our young people, from dangerous synthetic substances that are far more potent and unpredictable than their natural counterparts."

Bottom line

The United States now has two competing kratom regulatory models emerging at the state level — outright prohibition versus tiered consumer protection — and the federal DEA action on 7-OH is likely to accelerate convergence toward the latter.