Legality
Is kratom a federally controlled substance?
Written by: Author pendingReviewed by: Reviewer pendingUpdated:
No, as of 2026-10-20. Kratom leaf and mitragynine are not scheduled; three related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) have been Schedule I since 2026-08-26, and 7-OH above a threshold is proposed for Schedule I from 2026-11-13 at the earliest (91 FR 54948).
What is scheduled today?
Mitragynine pseudoindoxyl, MGM-15 and MGM-16, with their isomers, esters, ethers and salts, placed in Schedule I by a temporary order effective 2026-08-26 and codified at 21 CFR 1308.11(h)(89) to (91); the order expires 2028-08-26 unless extended or made permanent (91 FR 54948). The order does not list Mitragyna speciosa, mitragynine or 7-OH.
What is proposed?
Control of 7-OH and pseudoindoxyl above 1 mg per gram or milliliter, or where mitragynine is less than 100 times those compounds by mass, by a temporary order that may publish on or after 2026-11-13 (91 FR 65370). The notice says DEA "still views" kratom and its two major alkaloids as drugs of concern, a watch-list term, not a scheduling status.
What does FDA say?
That kratom is not approved for any use, that 7-OH sold as a supplement or food is adulterated, and that concentrated 7-OH products are the agency's enforcement focus (FDA, Hiding in plain sight). An FDA import alert on kratom remains in effect, which is one reason this store never ships internationally.
Does "not controlled" mean legal everywhere?
No. Ten states ban kratom, several more restrict it, and cities and counties add their own rules; see is kratom legal in my state. The full federal chronology is on the federal scheduling timeline.
General information, not personalized guidance.
Sources
- 91 FR 54948, temporary scheduling order (August 26, 2026) Federal Register via GovInfo (accessed 2026-10-20)
- 91 FR 65370, notice of intent (October 14, 2026) Federal Register via GovInfo (accessed 2026-10-20)
- Hiding in plain sight: 7-OH products U.S. Food and Drug Administration (accessed 2026-10-20)
Related questions
What happens on November 13, 2026?
Nothing automatically. November 13 is the earliest date DEA may publish a temporary order placing 7-hydroxymitragynine and mitragynine pseudoindoxyl above 1 mg per gram or...
Is 7-OH the same thing as kratom?
No. 7-OH is 7-hydroxymitragynine, one alkaloid that DEA says makes up "less than two percent of the total alkaloid content" of the plant; products sold as "7-OH" are concentrated...
Is kratom legal in my state?
In 33 states and nothing else, as of 2026-10-20. Ten states ban it by statute or rule, California by enforcement, North Dakota by executive order, and Rhode Island and Utah allow...