Lawmakers Weigh Guardrails, Bans on Kratom and 7-OH

Lawmakers Weigh Guardrails, Bans on Kratom and 7-OH

The products, often sold as natural supplements and widely available at retailers, have been linked to addiction and overdose deaths.

At least 31 states and Washington, D.C., regulate kratom or its components in some manner. (Newsday LLC/Getty Images)

As kratom products and high-potency derivatives such as 7-OH become more popular nationwide, state legislatures are confronting a growing policy challenge: how to regulate a substance marketed as a natural supplement but increasingly linked to addiction, overdose deaths and unregulated retail sales.

Kratom is derived from the leaves of the Mitragyna speciosa tree, which is native to Southeast Asia, where the leaf has been used for centuries as an herbal remedy. Today, some people use kratom products for pain relief or as a potential way to treat opioid addiction.

Kratom contains dozens of alkaloids, including mitragynine and trace amounts of naturally occurring 7-hydroxymitragynine, or 7-OH. While traditional kratom has trace amounts of these alkaloids, recent U.S. products increasingly contain synthetically concentrated or chemically modified 7-OH-sometimes at levels far exceeding what occurs naturally. These products have prompted mounting concern among lawmakers, health officials and regulators.

Federal agencies have not placed kratom or its alkaloids on the controlled substances schedules, but they are beginning to examine these substances and make recommendations. The U.S. Food and Drug Administration has warned consumers against kratom use and formally recommended that 7-OH be listed as a Schedule I substance. That recommendation has accelerated state legislative activity, particularly around synthetic derivatives sold in convenience stores, smoke shops and online marketplaces. In addition, the Drug Enforcement Administration has labeled kratom a "drug of concern," a substance the federal government believes poses risks to users.

State responses vary widely, ranging from consumer protection frameworks to outright criminal bans. As of this month, at least 31 states and Washington, D.C., regulate kratom or its components in some manner. Some legislatures have adopted versions of the federal Kratom Consumer Protection Act, imposing age limits, labeling standards, storage requirements and caps on 7-OH content.

Prohibition and Scheduling

Some states have chosen to approach kratom and its derivatives through prohibition or scheduling under controlled substances laws.

In April, Kansas joined Alabama, Arkansas, Indiana, Louisiana, Vermont and Wisconsin by scheduling kratom and kratom components as Schedule I substances.

The Kansas law (HB 2365) amends the state's Uniform Controlled Substances Act to place 7-OH and other kratom-derived substances into Schedule 1. When signing the measure, Gov. Laura Kelly cited federal uncertainty and safety concerns. "The U.S. Food and Drug Administration is in the process of determining whether kratom is a safe and effective means of treating certain medical conditions," she said in April. "Until such a time as quality scientific reviews determine positive impacts and minimal health risks, it is wise to safeguard the health of Kansans."

Tennessee lawmakers chose a similar approach this year. Matthew Davenport's Law bans the possession, sale and distribution of kratom statewide. "This bill addresses the growing public health and safety concerns surrounding kratom," Rep. Esther Helton-Haynes (R), the bill's sponsor, said during she said during House debate. "(It is) often marketed as a natural supplement-but natural does not equal safe."

Under the new law, possession would become a misdemeanor and distribution a felony, placing Tennessee among a small number of states pursuing full prohibition and penalties rather than regulation.

A Focus on Synthetic 7-OH

Many states are drawing a sharper distinction between natural kratom leaf and synthetic or concentrated 7-OH products. Lawmakers often describe 7-OH isolates as more potent, less predictable and more likely to appeal to younger consumers through candy-like formulations.

Oklahoma places specific limits on the composition of kratom products. Vendors may not sell products in which 7-OH exceeds 1% of total kratom alkaloids. Oklahoma also explicitly prohibits kratom products that contain synthesized compounds derived from the kratom plant or products that are otherwise contaminated.

In addition to its 7-OH limitation, Oklahoma also requires that labels detail the total amount of kratom alkaloids, mitragynine and 7-OH contained in the product and in the packaging. Penalties for Oklahoma vendors who violate any provision of the state Kratom Consumer Protection Act include fines of up to $500 for a first offense; $1,000 for a second offense; and a three-year sales prohibition for a third offense. Owners or vendor managers who violate a period of suspension face misdemeanor charges punishable by up to a year in county jail or a fine of not more than $2,000, or both.

Ohio's approach reflects a hybrid model of laws regulating kratom and its derivative compound. This year, the state permanently banned synthetic kratom compounds such as 7-OH through pharmacy rulemaking while continuing legislative deliberations on whether and how to regulate natural kratom products separately.

Rep. Sean Patrick Brennan describes the approach as deliberately narrow. "This is 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," he says, adding that broader bans warrant careful consideration given the volume of public input.

Regulation as a Middle Ground

Some legislatures view regulation as a more effective alternative to prohibition, and 19 states have labeling requirements for kratom products. In these states, it is illegal to distribute or sell kratom products that do not adhere to the labeling requirements. The information required on labels varies by state but often includes contact information for the product manufacturer, safety risks, product disclaimers and ingredient lists.

Twenty-two states place age restrictions on kratom products, with seven of the states restricting purchases to individuals over 18 and the remaining 15 states requiring purchasers to be at least 21.

Colorado enacted a law in 2025 that restricts kratom sales to individuals 21 and older, bans synthetic kratom alkaloids and limits 7-OH to 2% of total alkaloids. Products appealing to children, marketed in combustible forms or lacking clear labeling are also prohibited.

Members of Holistic Alternative Recovery Trust, or HART, an advocacy group for plant-based treatments, told The Denver Post they want clear regulation and clear enforcement for the kratom industry.

Rhode Island took a similar approach after reversing an earlier kratom ban. The state now regulates kratom sales while prohibiting 7-OH products outright. Senate President Pro Tempore Hanna Gallo frames the change as part of a broader harm-reduction strategy during the opioid crisis. "We must embrace every tool available to reduce harm and to save lives," she says, calling regulation preferable to blanket prohibition.

As lawmakers work to balance public health concerns and consumer freedom, kratom's regulatory future is being shaped state by state-through a patchwork of bans, guardrails and consumer protections.

Jessica Guarino is a policy associate in NCSL's Civil and Criminal Justice Program.