7-Hydroxymitragynine: The Legal Status of Kratom in the United States

What Is Kratom and 7-Hydroxymitragynine?

Kratom (Mitragyna speciosa), a tropical tree native to Southeast Asia, has become a topic of significant debate in the United States. Its leaves contain two primary alkaloids, mitragynine and hydroxy mitragynine, which interact with opioid receptors in the brain. While mitragynine is more abundant, hydroxy mitragynine is far more potent and plays a critical role in Kratom's psychoactive effects, including its stimulant and sedative properties.

Advocates highlight Kratom's potential therapeutic benefits, such as pain relief and opioid withdrawal management. However, critics raise concerns over its risks, including addiction, dependency, and overdose potential. This article provides an in-depth analysis of Kratom's legal status across the United States, focusing on state and local regulations surrounding this controversial plant.

Is Kratom Legal in the United States?

At the federal level, Kratom occupies a legal gray area:

• The Drug Enforcement Administration (DEA) labels Kratom as a "drug of concern" but has not classified it as a controlled substance.
• The Food and Drug Administration (FDA) prohibits marketing kratom as a dietary supplement and has blocked its importation from overseas manufacturers.
• Efforts like the 2023 Federal Kratom Consumer Protection Act aim to establish nationwide regulatory standards but have not yet been enacted.

Despite these federal restrictions, no outright ban exists at the national level. However, individual states and municipalities have taken varying approaches to regulate or prohibit Kratom.

States That Have Banned Kratom

As of 2025, six states and the District of Columbia have banned Kratom entirely by classifying its active alkaloids—mitragynine and 7-hydroxy mitragynine—as Schedule I substances:

• Alabama: Banned in 2016.
• Arkansas: Prohibited since 2016.
• Indiana: Enacted a ban in 2014; recent legislative efforts propose regulation instead of prohibition.
• Rhode Island: Banned in 2017; ongoing efforts aim to lift this restriction.
• Vermont: Classifies kratom as a "regulated drug."
• Wisconsin: Banned in 2014.
• District of Columbia: Prohibits Kratom under local controlled substances laws.

States with Partial Bans or Complex Regulations

In some states, Kratom's legality varies based on local restrictions or specific conditions:

• Tennessee: Initially banned in 2013 but amended laws in 2022 to allow natural kratom products while prohibiting synthetic derivatives. Sales are restricted to individuals aged 21+.
• Florida (Sarasota County): Banned locally despite statewide legality.
• California (San Diego County): Prohibits sales; similar bans exist in Oceanside and Jurupa Valley.
• Illinois (Jerseyville): Local bans override state-level legality.
• Colorado (Denver): Previously banned but now regulated under state law with age restrictions (21+).

States with Age Restrictions and Regulatory Controls

Sixteen states regulate Kratom through age limits, labeling requirements, or bans on synthetic derivatives:

Age Restrictions:

• 18+: Arizona, Georgia, Illinois, Louisiana, Minnesota, Nevada, Oklahoma, Utah.
• 21+: Colorado, Oregon, South Dakota, Tennessee, Virginia, West Virginia.

Labeling Requirements:

States like Arizona and Oregon mandate clear labeling of alkaloid content (including 7-hydroxy mitragynine), usage instructions, and third-party testing results to ensure product safety.

Synthetic Alkaloid Bans:

Arizona and Texas prohibit synthetic derivatives of Kratom while allowing natural products.

Local Bans Despite Statewide Legality

Certain municipalities enforce local bans even when Kratom is legal statewide:

• California: San Diego County, Oceanside, Jurupa Valley.
• Florida: Sarasota County.
• Illinois: Jerseyville.
• Colorado: Denver (before updated state regulations).

Recent Kratom Legislation in 2025

Between 2023 and 2025, over 30 states introduced new legislation related to Kratom:

1. Proposed Bans:
   • Nebraska considered scheduling Kratom as a controlled substance.
2. Regulatory Frameworks:
   • States like Louisiana and Mississippi debated whether to ban or regulate kratom products.
3. Federal Action:
   • The Federal Kratom Consumer Protection Act seeks to replace state bans with uniform national standards for purity and labeling.

Advocacy vs. Public Health Concerns

The debate over Kratom's legal status highlights conflicting perspectives:

• Advocacy groups like the American Kratom Association (AKA) argue that regulation—not prohibition—ensures consumer safety by preventing adulteration and mislabeling.
• Federal agencies like the FDA and CDC cite public health risks associated with kratom use. Between 2020 and 2022 alone, thousands of deaths were linked to its consumption.

This ongoing debate underscores the need for evidence-based policies that balance public health concerns with consumer access to potentially beneficial products like natural Kratom.

Conclusion

Kratom's legal status in the United States remains fragmented due to inconsistent state laws and an absence of federal regulation. While some states enforce outright bans on alkaloids like mitragynine and 7-hydroxy mitragynine, others adopt age restrictions or labeling requirements to regulate their sale.

The future of kratom regulation hinges on balancing its therapeutic potential with public health risks. As legislative efforts evolve at both state and federal levels, science-backed policies will be crucial for ensuring consumer safety while preserving access for those who benefit from this controversial plant.

Kratom Refrences

1. Congressional Research Service: Overview of federal and state approaches to kratom regulation, including DEA and FDA actions.
2. DEA Announcement: Details on the DEA's intent to schedule Kratom as a controlled substance and related public safety concerns.
3. FDA and Kratom: Information on the FDA's stance regarding kratom products, including import alerts and regulatory actions.
4. Colorado General Assembly: Regulation of kratom products, including labeling and compliance requirements, effective July 1, 2024.
5. Florida Senate: Analysis of the Florida Kratom Consumer Protection Act (CS/HB 179), which regulates kratom sales and sets age restrictions.
6. Vicente LLP: Legal insights into selling Kratom in the U.S., focusing on compliance with state-specific regulations.
7. Sherr Law Group: Guide for retailers navigating kratom regulations, including labeling, age restrictions, and quality control measures.