States Outpace Federal Regulators on Kratom: Emergency Orders Spread While DEA Action Stays Narrower

Why it matters

Multiple states have enacted broader kratom restrictions than the federal government's pending 7-OH action, creating a growing state-by-state patchwork that is reshaping how millions of users access kratom products months before any federal rule becomes final.

The big picture

The DEA's proposed scheduling targets only concentrated 7-OH above certain thresholds and three related synthetic compounds — leaving natural kratom leaf unaffected federally. But states including Massachusetts, North Dakota, and Florida are going much further, banning all kratom or entire product categories. Toxicologists cite seizures, dependence, and fatal overdoses tied to 7-OH products. Florida medical examiners have linked at least 587 overdose deaths to kratom-derived compounds since 2013.

Key findings

• Massachusetts issued an emergency order August 13 placing all forms of kratom in Schedule I under state law, effective August 28, 2026
• North Dakota Governor Kelly Armstrong declared a public health emergency August 3 banning all kratom and called a special legislative session for September 2
• Florida Attorney General James Uthmeier signed an emergency rule in June restricting concentrated 7-OH and six related compounds to 1 mg per gram maximum
• Federal DEA action targets only 7-OH above a threshold and three synthetic derivatives — the kratom plant itself is not federally scheduled
• Florida medical examiners have tied at least 587 overdose deaths to kratom-derived compounds since 2013

What they say

"We are seeing this affect Floridians of all ages, from infants to the elderly, which speaks directly to how aggressively and irresponsibly this drug is marketed," said Dr. Cory Howard, emergency physician and medical toxicologist at Tampa General Hospital.

Bottom line

States are moving faster and farther than the DEA on kratom regulation, creating an increasingly fragmented legal landscape that is reshaping the market well before any federal final rule.