31 States Now Regulate Kratom: NCSL Maps a Growing Patchwork of Bans and Consumer Protections

Why it matters

The National Conference of State Legislatures has documented a sharp escalation in kratom regulation across the U.S. — with 31 states now acting — creating a fragmented legal landscape that affects millions of consumers, retailers, and healthcare providers.

The big picture

With no federal scheduling of kratom or 7-OH yet finalized, states have moved independently, resulting in wildly inconsistent rules. Some states have adopted full Schedule I bans treating kratom like heroin; others have enacted consumer protection frameworks resembling tobacco or alcohol regulations. The FDA's formal recommendation to list 7-OH as Schedule I, and the DEA's designation of kratom as a "drug of concern," have accelerated state-level action without resolving the underlying federal ambiguity.

Key findings

• 31 states and Washington D.C. now regulate kratom or its components as of mid-2026
• Kansas joined Alabama, Arkansas, Indiana, Louisiana, Vermont, and Wisconsin with full Schedule I bans in April 2026
• Tennessee added a full ban in July 2026, making it the 8th prohibition state
• 22 states place age restrictions — 7 require buyers to be 18+, 15 require buyers to be 21+
• 19 states have labeling requirements for kratom products
• Ohio permanently banned synthetic kratom through pharmacy rulemaking in 2026
• Rhode Island reversed an earlier ban, now regulates kratom while banning 7-OH outright
• Colorado restricts kratom to age 21+, limits 7-OH to 2% of total alkaloids
• FDA has formally recommended 7-OH be listed as a federal Schedule I controlled substance

What they say

Ohio Rep. Sean Patrick Brennan described his state's synthetic-only 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," while signaling caution about broader bans.

Bottom line

The U.S. now has a patchwork of 31 state kratom laws with no federal standard — and the gap between outright bans and consumer-protection frameworks reflects a fundamental disagreement about whether kratom is primarily a public health threat or a harm-reduction tool.