Legal
Legal status: US state laws
For most substances on this site the federal position is the whole US answer. For three it is not: kratom, phenibut and tianeptine are not federally controlled, but a growing number of states have scheduled, banned or regulated them. This page lists every state law we could confirm in an official source, with its date and a link to the statute, rule or notice.
Sources checked 2026-10-11 and re-checked monthly for changes. Not legal advice; laws change, often by emergency rule, so confirm the current law in your state.
Kratom: US federal and state law
Federal
- DEA. DEA's current drug fact sheet states that kratom is not a controlled substance or listed chemical under the Controlled Substances Act. DEA lists it among drugs and chemicals of concern. DEA proposed scheduling mitragynine and 7-OH in 2016 but withdrew the notice on 2016-10-13 (Federal Register doc 2016-24659). Source: DEA Diversion Control Division, Drug and Chemical Evaluation Section: Kratom (Mitragyna speciosa korth) fact sheet, October 2025, checked 2026-10-11.
- FDA. FDA's position is that kratom is a new dietary ingredient without adequate safety assurance, so kratom supplements are adulterated and kratom is an unsafe food additive. FDA says kratom is not lawfully marketed in the US as a drug, a dietary supplement or a food additive in conventional food. No FDA-approved drug contains kratom or its alkaloids. Source: FDA, Public Health Focus: FDA and Kratom (content current as of 12/02/2025), checked 2026-10-11.
- FDA import alert 54-15. Import Alert 54-15 lets FDA detain imported kratom supplements and bulk kratom ingredients without physical examination. The stated basis is that they contain a new dietary ingredient lacking reasonable assurance of safety. The alert was last revised on 17 August 2026. Source: FDA Import Alert 54-15: Detention Without Physical Examination of Dietary Supplements and Bulk Dietary Ingredients That Are or Contain Mitragyna speciosa or Kratom, checked 2026-10-11.
- FDA on 7-OH (July 2025). On July 29, 2025 FDA recommended that certain concentrated 7-OH products be controlled under the Controlled Substances Act, targeting 7-OH products rather than natural kratom leaf. FDA also said 7-OH is not lawful in dietary supplements and cannot be lawfully added to conventional foods. HHS sent the formal scheduling evaluation to DEA by letter dated July 28, 2025, per the DEA notice of July 6, 2026. Source: FDA press release: FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers (July 29, 2025), checked 2026-10-11.
- DEA notice on 7-OH (July 2026, being withdrawn). DEA published a notice of intent to temporarily place 7-OH in Schedule I above a threshold of 0.050% (or above 1 mg per article for synthetic or processed products). No temporary order was issued under this notice. DEA is withdrawing this notice in the 2026-10-14 Federal Register issue and replacing it with the October 2026 notice below. Source: Federal Register 91 FR 40917 (July 6, 2026), DEA: Schedules of Controlled Substance: Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule I, Doc. 2026-13580, checked 2026-10-11.
- DEA temporary order (August 2026). DEA's temporary order places three 7-OH-related substances in Schedule I: mitragynine pseudoindoxyl, MGM-15 and MGM-16. It does not schedule 7-OH itself, mitragynine or kratom leaf. The order runs until 2028-08-26 unless extended, and DEA's 2026-10-14 notices propose replacing it with a threshold-based order for mitragynine pseudoindoxyl and a separate order for MGM-15 and MGM-16. Source: Federal Register 91 FR 54948 (Aug. 26, 2026), DEA: Temporary Placement of Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I, Doc. 2026-17429, checked 2026-10-11.
- DEA notice on 7-OH (October 2026, pending). DEA's new notice of intent would temporarily schedule 7-OH and mitragynine pseudoindoxyl, alone or combined, above 1 mg per gram (solids) or 1 mg per mL (liquids), or where the mitragynine to 7-OH/pseudoindoxyl mass ratio is below 100. This follows an HHS letter of October 2026, and DEA states that neither HHS nor DEA has found below-threshold products safe. This is only a notice of intent; DEA says the temporary order will be published 30 or more days after 2026-10-14, so 7-OH is not yet federally scheduled. Pending: check current law. Source: DEA, Federal Register Doc. 2026-20943 (public inspection 2026-10-09, publication 2026-10-14): Temporary Placement of 7-Hydroxymitragynine and Mitragynine Pseudoindoxyl Above a Specified Threshold in Schedule I, checked 2026-10-11.
States with a law on kratom (38)
| State | Status | In force | What the law does, and source |
|---|---|---|---|
| Alabama | Controlled substanceSchedule I | 2016 | Covers: mitragynine; hydroxymitragynine (7-OH)Act 2016-279 added mitragynine and hydroxymitragynine to Alabama's Schedule I, so leaf kratom and 7-OH products are illegal to possess, sell or distribute. The Attorney General's March 24, 2026 cease-and-desist letter confirms it is being enforced under Ala. Code 20-2-23.The Attorney General cited Ala. Code 20-2-23 in kratom cease-and-desist letters in March 2026.Source: Alabama Legislature Fiscal Note, SB 226 (Act 2016-279), checked 2026-10-11. |
| Arizona | Regulated (consumer protection act) | 2019 | Covers: kratom leaf, mitragynine, 7-hydroxymitragynineArizona bans selling kratom products that are adulterated, have 7-OH above 2% of the alkaloid composition, or contain synthetic alkaloids, and labels must state mitragynine and 7-OH content. Sales to anyone under 18 are banned.2026 HB 2415 (age 21, 7-OH limits) and SB 1492 were held and not enacted.Source: Arizona Revised Statutes 36-795.02, checked 2026-10-11. |
| Arkansas | Controlled substanceSchedule I | November 2015 | Covers: mitragynine; 7-hydroxymitragynineThe Department of Health's List of Controlled Substances puts mitragynine and 7-hydroxymitragynine in Schedule I as opium derivatives, so leaf kratom and 7-OH products are illegal.SB 534 (2025), which would have replaced the ban with a KCPA, died in the House.Source: Code of Arkansas Rules, Department of Health, List of Controlled Substances, checked 2026-10-11. |
| California | Banned | 24 October 2025 | Covers: kratom and 7-OH in foods, dietary supplements and drugsCalifornia has no kratom statute or scheduling, but the Department of Public Health treats kratom and 7-OH foods, supplements and drugs as illegal to make or sell for consumption under the Sherman Food, Drug, and Cosmetic Law and embargoes them. The state alcohol board (ABC) has enforced this against licensed retailers since 2026-02-09.This is an enforcement position, not a statute, and AB 1088 (a 21+ framework) died in committee.Source: CDPH NR25-016: Foods, Dietary Supplements and Medical Drugs containing Kratom and 7-OH are Dangerous and Illegal to Sell or Manufacture for Consumption, checked 2026-10-11. |
| Colorado | Regulated (consumer protection act) | 29 May 2025 | Covers: kratom, kratom extract, 7-hydroxymitragynine, synthesized or semi-synthesized kratom alkaloidsSB25-072 makes it a deceptive trade practice to sell kratom to anyone under 21, or to sell products that are adulterated, exceed 2% 7-OH of the alkaloid composition, contain synthesized or semi-synthesized alkaloids, look like candy, or are made for smoking or vaping. Labels must show mitragynine and 7-OH per serving.Source: Colorado SB25-072 Regulation of Kratom, Final Act, checked 2026-10-11. |
| Connecticut | Controlled substanceSchedule I | 25 March 2026 | Covers: Mitragyna speciosa leaves, stem and extracts; 7-hydroxymitragynineA Department of Consumer Protection regulation places the whole kratom plant (leaves, stem and any extracts) and 7-OH in Schedule I. Possession, manufacture, sale and distribution of leaf kratom and 7-OH are now illegal.This replaced the age-21 rules Connecticut adopted in 2025.Source: Department of Consumer Protection regulation, Controlled Substance Drug Schedule Updates (amending RCSA 21a-243-7), checked 2026-10-11. |
| Delaware | Age limit | 8 September 2026 | Covers: kratom, mitragynine, 7-hydroxymitragynine, kratom productsDelaware's Kratom Consumer Protection Act makes it a class B misdemeanor to sell, furnish or market kratom to anyone under 21 and bans youth-appealing marketing. It also orders a report on testing and licensing, due 2027-01-01.SS 1 for SB 262 (Controlled Substances Act kratom bill) is still in committee.Source: Delaware HS 1 for HB 332 (153rd General Assembly), checked 2026-10-11. |
| District of Columbia | Controlled substanceSchedule I | 26 January 2018 | Covers: 7-hydroxymitragynine only; leaf kratom and mitragynine NOT scheduledDC regulations list 7-hydroxymitragynine in Schedule I as an unclassified novel psychoactive substance. Leaf kratom and mitragynine are not listed in the regulations or in D.C. Code 48-902.04.The date is when the current version of the section took effect; the 7-OH listing may be older.Source: 22-B DCMR 1201, Schedule I Enumerated, checked 2026-10-11. |
| Florida | Age limit | 1 July 2023 | Covers: kratom products, including extracts and synthetic alkaloidsThe Florida Kratom Consumer Protection Act makes it unlawful to sell, deliver or give any kratom product to anyone under 21. A violation is a second-degree misdemeanor.Source: Fla. Stat. 500.92 (2026), Florida Kratom Consumer Protection Act, checked 2026-10-11. |
| Florida | Controlled substanceSchedule I (emergency rule)Check current law | 18 August 2026 | Covers: 7-hydroxymitragynine, 7-acetoxymitragynine, MGM-15, MGM-16; leaf kratom and mitragynine NOT scheduledAn Attorney General emergency rule adds 7-OH and three related compounds to Schedule I under s. 893.03(1)(a), but leaf kratom and mitragynine are not scheduled. The 2026 legislature did not codify it: HB 309 was tabled and SB 432 passed without any 7-OH provision.This is an emergency rule subject to lapse or renewal, and the 2026 statute text of s. 893.03 does not list 7-OH.Source: Florida Administrative Rule 2ER26-2, checked 2026-10-11. |
| Georgia | Regulated (consumer protection act) | 1 January 2025 | Covers: kratom, kratom extract, mitragynine, 7-hydroxymitragynineGeorgia sets a minimum age of 21, caps products at 150 mg mitragynine per serving and at 0.5 mg 7-OH per gram or 1 mg per serving, and bans adulterated, synthetic-alkaloid and vape kratom products. Labels must state mitragynine and 7-OH content.2026 HB 968 (Schedule I for mitragynine and 7-OH) stalled and was not enacted.Source: Georgia HB 181 (2023-2024), as passed, Act 546, checked 2026-10-11. |
| Illinois | Age limit | 1 January 2015 | Covers: kratom and derivativesThe Kratom Control Act bars minors under 18 from buying or possessing kratom and bars anyone from selling it to them, as a Class B misdemeanor. Illinois has no 7-OH cap or scheduling.None of the 2025-2026 bills (consumer protection acts, Schedule III, prohibition) left committee.Source: 720 ILCS 642/5, checked 2026-10-11. |
| Indiana | Controlled substanceSchedule I | Not stated | Covers: mitragynine; 7-hydroxymitragynineIndiana defines mitragynine and 7-hydroxymitragynine as synthetic drugs (IC 35-31.5-2-321), and IC 35-48-2-4 places every synthetic drug in Schedule I. Leaf kratom and 7-OH products are both banned.The year kratom alkaloids were first listed could not be confirmed from an official source.Source: Indiana Code 2026, IC 35-48-2 (Indiana General Assembly), checked 2026-10-11. |
| Kansas | Controlled substanceSchedule I | 1 July 2026 | Covers: mitragynine; 7-hydroxymitragynineSB 430 adds mitragynine to the Schedule I opiates list next to 7-OH, so any material containing mitragynine, including natural leaf kratom, is a Schedule I controlled substance.In force on publication in the statute book, 1 July 2026.Source: Kansas Legislature, Senate Bill No. 430 (2026), enrolled, checked 2026-10-11. |
| Kansas | Controlled substanceSchedule I | 1 July 2026 | Covers: 7-hydroxymitragynineHB 2365 lists 7-hydroxymitragynine as a Schedule I opiate. On its own it covers only 7-OH, and leaf kratom is reached through the mitragynine listing in SB 430.In force on publication in the statute book, 1 July 2026.Source: Kansas Legislature, House Bill No. 2365, enrolled, checked 2026-10-11. |
| Kentucky | Regulated (consumer protection act) | 15 July 2024 | Covers: kratom extracts and products; 7-hydroxymitragynine; synthetic alkaloidsKentucky bars kratom processors and retailers from selling to anyone under 21, and from selling products that are adulterated, exceed 2% 7-OH of the alkaloid fraction, contain synthetic alkaloids, exceed residual-solvent limits or fail labelling rules.This version is replaced on 2027-07-01 by the sale ban in the next row.Source: KRS 217.2202 (effective until July 1, 2027), checked 2026-10-11. |
| Kentucky | Banned | 1 July 2027 | Covers: kratom, kratom extract and kratom products (all forms)As amended by the 2026 revenue act, KRS 217.2202 bars kratom processors and retailers from preparing, distributing, selling or offering any kratom, kratom extract or kratom product, with penalties up to $5,000 for a first offense and $10,000 after that. The labelling and rulemaking sections are repealed.The start date was already moved once (from 2027-01-01) and the 2027 session could change it again.Source: KRS 217.2202 (effective July 1, 2027), checked 2026-10-11. |
| Kentucky | Controlled substanceSchedule I | 12 March 2026 | Covers: 7-hydroxymitragynine above 400 ppm dry weight; mitragynine excludedA Cabinet for Health and Family Services regulation puts 7-OH concentrated above 400 parts per million on a dry-weight basis in Schedule I and expressly excludes mitragynine. Leaf kratom and low-7-OH products are not scheduled by this rule.Section 1(1) also adopts any federal temporary Schedule I listing, so a future DEA 7-OH order would apply automatically.Source: 902 KAR 55:015, Schedules of controlled substances, checked 2026-10-11. |
| Louisiana | Controlled substanceSchedule I | 1 August 2025 | Covers: 7-hydroxymitragynine; mitragynine; any substance derived from Mitragyna speciosa leavesAct 41 of 2025 adds 7-OH and mitragynine to Schedule I and makes it a crime to possess, produce or distribute kratom, defined as any substance derived from Mitragyna speciosa leaves or containing 7-OH or mitragynine. This is a full ban on leaf kratom, and the act repealed the earlier under-18 sales rule.2026 HB 778, which would have narrowed the ban, was deferred in committee on 2026-05-19.Source: Louisiana Legislature, 2025 Regular Session, SB 154, Act No. 41, checked 2026-10-11. |
| Maryland | Regulated (consumer protection act)Check current law | 1 July 2026 | Covers: kratom products; 7-hydroxymitragynine; synthetic alkaloidsMaryland bars kratom sales to anyone under 21, and bars products that are adulterated, contain synthetic alkaloids, exceed 2% 7-OH of the alkaloid composition, or lack mitragynine and 7-OH amounts on the label. Violations are misdemeanors punishable by up to $5,000 and 90 days.The date is when the 2026 amendments (chs. 354 and 355) took effect; the subtitle itself is older.Source: Md. Code, Health-General 21-2E-02, checked 2026-10-11. |
| Maryland | Regulated | 1 July 2026 | Covers: noncompliant kratom; products with more than 1 mg 7-OH per servingRetailers may not sell, display or advertise unauthorized consumable products, including noncompliant kratom. The Alcohol, Tobacco and Cannabis Commission may seize and forfeit products represented as containing more than 1 mg of 7-OH per serving.Source: 2026 Laws of Maryland Ch. 355 (SB 820), checked 2026-10-11. |
| Massachusetts | Controlled substanceSchedule I (temporary)Check current law | 28 August 2026 | Covers: kratom products, natural and synthetic, including 7-OH productsThe Commissioner of Public Health's emergency order temporarily places kratom in Schedule I under state law and authorizes local boards of health to remove kratom products from stores. DPH says it covers natural and synthetic kratom alike.A temporary order lasting up to one year; the text of the emergency regulation (105 CMR 726.000) could not be read, so its exact scope is unconfirmed.Source: Mass.gov, Department of Public Health: Kratom, checked 2026-10-11. |
| Minnesota | Age limit | 1 August 2026 | Covers: kratom, mitragynine, 7-hydroxymitragynineMinnesota raised the kratom age from 18 to 21: selling kratom, mitragynine or 7-OH products to anyone under 21 is a gross misdemeanor, and possession by anyone under 21 is a misdemeanor. Minnesota has not scheduled kratom or 7-OH.Source: Minnesota Session Laws 2026, Chapter 63, checked 2026-10-11. |
| Mississippi | Regulated (consumer protection act) | 1 July 2025 | Covers: kratom leaf and leaf-extract products; 7-hydroxymitragynine; synthesized alkaloidsMississippi bans kratom sales to anyone under 21 and public possession by anyone under 21, as well as products with synthesized alkaloids, 7-OH above 1% of total alkaloids, or more than 0.5 mg 7-OH per container. County and city kratom bans are expressly preserved.All 2026 scheduling bills died, but local bans may still apply.Source: Mississippi HB 1077 (2025 Regular Session), enrolled, checked 2026-10-11. |
| Nebraska | Regulated (consumer protection act) | 1 July 2025 | Covers: kratom and kratom extract products; 7-hydroxymitragynine; synthesized alkaloidsNebraska's Kratom Consumer Protection Act bans sales to anyone under 21 (with online age verification) and products with synthesized alkaloids, 7-OH above 2% of the alkaloid composition, or combustible, vape or injectable forms. Products must be registered with the Department of Revenue with a lab certificate of analysis.LB 431 (scheduling) was not enacted.Source: Nebraska LB 230 (2025), slip law, checked 2026-10-11. |
| Nevada | Regulated (consumer protection act) | 2019 | Covers: kratom leaf, mitragynine, 7-hydroxymitragynineNevada makes it illegal to knowingly sell kratom products to anyone under 18 or to sell kratom adulterated so as to be injurious, and labels must list ingredients and directions for safe use.A pending Board of Pharmacy recommendation (revised 2026-02-20) would add mitragynine, 7-OH and mitragynine pseudoindoxyl to Schedule I in NAC 453.510, and no adopted regulation was found.Source: NRS Chapter 597, NRS 597.998, checked 2026-10-11. |
| New Mexico | Banned | 18 December 2025 | Covers: kratom in food and beveragesThe Environment Department has determined that kratom is not an approved food ingredient, so it may not be used in food or beverages made or sold in state-permitted food establishments. It is not scheduled and is not a general possession ban.No official source was found for a reported licensing or age-18 framework.Source: NMED/NMDOH press release: New Mexico prohibits kratom in food and beverages (Dec 18, 2025), checked 2026-10-11. |
| New York | Age limit | 17 June 2026 | Covers: kratom, including synthesized or semi-synthesized mitragynine or 7-OH preparationsNew York bars anyone from knowingly selling or providing kratom to anyone under 21, with ID checks, posted signs and online warnings required. This is Public Health Law 1399-xx as rewritten by a 2026 chapter amendment.In force 180 days after signing on 19 December 2025. A separate 7-OH sale ban (S8925-A) passed both houses in June 2026 and awaited the Governor.Source: NY A09472 / S08814 (Chapter 81 of 2026), checked 2026-10-11. |
| New York | Regulated | 19 December 2026 | Covers: kratom products including mitragynine and 7-OHGeneral Business Law 398-g requires retail kratom labels with the maker's name and address, full ingredients, and the amounts of mitragynine and 7-OH. Labels must also carry warnings including the under-21 sale ban and addiction risk.Not yet in force: it applies one year after signing.Source: NY A09443 / S08780 (Chapter 12 of 2026), checked 2026-10-11. |
| North Dakota | Controlled substanceSchedule I | 4 September 2026 | Covers: 7-OH above 0.05% dry weight or 1 mg per article, mitragynine pseudoindoxyl, MGM-15, MGM-16, 7-acetoxymitragynine; pure leaf kratom NOT scheduledHB 1628 adds kratom alkaloid derivatives, including 7-OH above 0.05% dry weight and four related compounds, to Schedule I. Pure leaf kratom at or below that threshold is not scheduled but is regulated under new NDCC ch. 51-38, which requires an attorney general license, bans extracts and blends, and sets age 21.No licenses can be issued until the AG adopts rules, so lawful retail sale may not yet exist.Source: North Dakota HB 1628 (69th Legislative Assembly, special session), enrolled, checked 2026-10-11. |
| Ohio | Controlled substanceSchedule I | 19 May 2026 | Covers: 7-hydroxymitragynine, mitragynine pseudoindoxyl, MGM-15, 7-acetoxymitragynine, kratom extracts, concentrates and synthetics; natural leaf kratom EXCLUDEDA Board of Pharmacy rule places mitragynine-related compounds, natural or synthetic, in Schedule I but expressly excludes mitragynine in vegetation form (natural leaf and ground leaf). Leaf kratom stays legal subject to the Pure Food and Drug Act, while extracts, tinctures, synthetic 7-OH and, since 2026-08-04, blended products are illegal.An emergency rule applied from 12 December 2025 until the permanent rule.Source: Ohio Adm. Code 4729:9-1-01.1 Mitragynine-Related Compounds, checked 2026-10-11. |
| Oklahoma | Regulated (consumer protection act) | 1 November 2025 | Covers: kratom leaf, kratom extract, 7-hydroxymitragynine, synthesized kratom alkaloidsSB 891 caps 7-OH at 1% of total kratom alkaloids and bans synthesized alkaloids, controlled-substance additives and excess solvents. It also requires detailed alkaloid labelling, bars sales to anyone under 18, and requires lab results on request of the Health Department.SB 860 (Schedule I for prohibited products) stalled, and a 2027 Schedule I bill has been announced.Source: Oklahoma Enrolled Senate Bill 891 (2025), checked 2026-10-11. |
| Oregon | Regulated (consumer protection act) | 1 July 2023 | Covers: kratom leafKratom processors must register yearly with the Department of Revenue and certify third-party adulteration testing. Retail sale to anyone under 21 is a Class C misdemeanor, and Oregon's statute sets no 7-OH percentage cap.Source: Oregon Laws 2022, Chapter 41 (HB 4010), Oregon Kratom Consumer Protection Act, checked 2026-10-11. |
| Rhode Island | Regulated (consumer protection act) | 1 April 2026 | Covers: kratom leaf and products; mitragynine; 7-hydroxymitragynine; synthetic kratom alkaloidsThe Rhode Island Kratom Act ended the earlier Schedule I listing of mitragynine and 7-OH and replaced it with Department of Health licensing, a 21+ age limit, behind-the-counter storage, labelling and child-resistant packaging. It bans synthetic mitragynine or 7-OH, food, beverage and vape forms, and caps 7-OH at 0.5 mg per gram, 1 mg per serving and 1 percent of total alkaloids.Kratom was in Rhode Island's Schedule I until this act (P.L. 2025 ch. 446) took effect.Source: R.I. Gen. Laws 21-28.12-3, Kratom and kratom product limitations, checked 2026-10-11. |
| South Carolina | Regulated (consumer protection act) | 11 July 2025 | Covers: kratom, mitragynine, 7-hydroxymitragynineSouth Carolina bans kratom sales to anyone under 21 and products that are adulterated, contain fully synthetic mitragynine or 7-OH, or exceed residual-solvent limits, and labels must show mitragynine and 7-OH content. The enacted act has no 2% 7-OH cap.H.4641 (2026, Schedule I and repeal of the act) passed the House 98-4 and sits in Senate Medical Affairs.Source: S.C. Code Title 44 Chapter 53 (South Carolina Kratom Consumer Protection Act), checked 2026-10-11. |
| South Dakota | Regulated (consumer protection act) | 2025 | Covers: kratom leaf products, 7-hydroxymitragynine, synthetic mitragynineSouth Dakota makes it a Class 2 misdemeanor to sell kratom to anyone under 21, or for anyone under 21 to buy or possess it. It also bans products with 7-OH above 2% of the alkaloid composition or with synthetic alkaloids, and requires alkaloid and warning labels.Two 2026 total-ban bills (HB 1151, SB 77) failed.Source: SDCL 34-20B-115.1, checked 2026-10-11. |
| Tennessee | Banned | 1 July 2026 | Covers: kratom (any part of Mitragyna speciosa with mitragynine or 7-OH), leaf extracts, synthetic or biosynthetic kratom alkaloidsMatthew Davenport's Law makes possessing kratom a Class A misdemeanor and making, delivering or selling it a Class C felony (Class B for sale to a minor). The definition covers natural leaf, extracts, 7-OH and synthetic alkaloids, and the law replaces the earlier age-21 regime.This replaced Tennessee's earlier age-21 rules.Source: Tennessee Public Chapter No. 950 (2026), HB 1649, checked 2026-10-11. |
| Texas | Regulated (consumer protection act) | 1 September 2023 | Covers: kratom and kratom extracts, 7-hydroxymitragynine, synthetic alkaloidsTexas bans selling kratom products that are adulterated, exceed 2% 7-OH of total alkaloids, or contain synthetic alkaloids, and products must carry directions and serving size. Selling to anyone under 18 is a Class C misdemeanor.The chapter was renumbered from 444 to 445 on 1 September 2025.Source: Texas Health and Safety Code Chapter 445, Manufacture, Distribution, and Sale of Kratom Products, checked 2026-10-11. |
| Utah | Regulated (consumer protection act) | 6 May 2026 | Covers: pure leaf kratom, kratom extract, 7-hydroxymitragynineSB 45 (2026) allows retail sale only of registered pure leaf kratom with 7-OH at or below 0.4% of total alkaloids, and extracts may not be sold at retail. Processors and retailers must register with the Department of Agriculture and Food, only licensed tobacco specialty shops may sell, and the minimum age rose to 21.Until 2027-03-06, processors may make non-pure-leaf products only for lawful sale outside Utah.Source: Utah Code 4-45-104 (effective 5/6/2026), checked 2026-10-11. |
| Utah | Controlled substanceSchedule I | 6 May 2026 | Covers: 7-hydroxymitragynine and mitragynine pseudoindoxyl, including synthetic versions; leaf kratom NOT scheduledSB 45 puts 7-OH and mitragynine pseudoindoxyl in Schedule I but does not schedule leaf kratom. Pure leaf kratom with 7-OH at or below 0.4% of total alkaloids, handled under the Kratom Regulation Act, is exempt, so only 7-OH concentrates and extracts are controlled.A temporary exemption for products bound out of state runs until 2027-03-06.Source: Utah S.B. 45 Kratom Adjustments, 2026 General Session, Enrolled Copy, checked 2026-10-11. |
| Vermont | Banned | 15 July 2019 | Covers: mitragynine; 7-hydroxymitragynineVermont does not use federal-style schedules. The Department of Health Regulated Drug Rule lists mitragynine and 7-hydroxymitragynine as regulated hallucinogenic drugs, making sale and possession without a prescription illegal for leaf kratom and 7-OH alike.S.121, a 2025-26 KCPA bill, never left committee.Source: Vermont Department of Health, Regulated Drug Rule (effective 7/15/2019), checked 2026-10-11. |
| Virginia | Regulated (consumer protection act) | 1 July 2026 | Covers: kratom leaf and extracts; 7-hydroxymitragynineUnder the Virginia Consumer Protection Act it is a prohibited practice to sell kratom to anyone under 21, or without an ingredient list, a dependence warning and behind-counter or locked storage. Products are also barred if they contain synthetic or semi-synthetic alkaloids, exceed 1% 7-OH of total alkaloids or 1 mg 7-OH per serving, are combustible, vaped or injected, or appeal to children.The 7-OH limits and storage rules were added by 2026 HB 360.Source: Code of Virginia 59.1-200, Prohibited practices, checked 2026-10-11. |
| West Virginia | Regulated (consumer protection act) | 12 June 2026 | Covers: natural kratom leaf (whole, crushed or powdered); concentrated or synthetic products excludedKratom makers, distributors and sellers need a permit and product approval from the Commissioner of Agriculture, and online sellers must verify buyers are 21 or older. A permitted product is limited to the natural leaf and may not be synthetically altered or concentrated beyond its natural alkaloid profile.2026 HB 4459 (kratom Schedule I) and HB 4640 (7-OH Schedule I) were not enacted.Source: W. Va. Code 19-12F-3, Definitions, checked 2026-10-11. |
| Wisconsin | Controlled substanceSchedule I | 25 April 2014 | Covers: mitragynine; 7-hydroxymitragynineWisconsin's Schedule I lists mitragynine and 7-hydroxymitragynine, so leaf kratom and 7-OH products are banned. The listings came from 2013 Wisconsin Act 351.A 2023 bill to replace the ban with regulation (AB 393) failed.Source: Wisconsin Statutes 961.14(7)(mk), Wisconsin Legislature, checked 2026-10-11. |
| Wyoming | Regulated (consumer protection act) | 1 July 2026 | Covers: kratom, 7-hydroxymitragynine, synthesized and semi-synthesized alkaloidsWyoming bans kratom sales to anyone under 21 and products that are adulterated, synthesized or semi-synthesized, above 2% 7-OH of the alkaloid composition, candy-like, or combustible or vapable. Labelling is required, and violations carry up to 1 year in jail and a $1,000 fine.Implementing rules from the Department of Health and Department of Agriculture may follow.Source: Wyoming Enrolled Act No. 44 (SF0056), Kratom Product Regulation, checked 2026-10-11. |
A state that is not listed had no state law on kratom that we could find in an official source as of 2026-10-11. Cities and counties can have their own rules, bills are introduced every session, and emergency scheduling orders can take effect without a vote, so check the current law where you are before buying, carrying or selling it. Rows marked "Check current law" could not be fully confirmed against the operative text.
Phenibut: US federal and state law
Federal
- DEA. Not a federally controlled substance: phenibut is not on the DEA's list of controlled substances. Source: DEA Diversion Control Division: Controlled Substances, Alphabetical Order (PDF), checked 2026-10-11.
- FDA. FDA's position is that phenibut does not meet the statutory definition of a dietary ingredient, so a product labelled as a dietary supplement that lists it is misbranded. FDA sent warning letters to three sellers on 10 April 2019. Source: FDA: Phenibut in Dietary Supplements, checked 2026-10-11.
- FDA warning letters, 2019. FDA announced warning letters to companies selling dietary supplements labelled to contain phenibut, stating that such products are misbranded. Source: FDA Constituent Update: FDA Acts on Dietary Supplements Containing DMHA and Phenibut (16 April 2019), checked 2026-10-11.
States with a law on phenibut (4)
| State | Status | In force | What the law does, and source |
|---|---|---|---|
| Alabama | Controlled substanceSchedule II | 14 November 2021 | Listed as a Schedule II depressant in the Alabama Department of Public Health's controlled substances rules (Ala. Admin. Code ch. 420-7-2).Source: Alabama Administrative Code ch. 420-7-2, Schedule II (e) Depressants, checked 2026-10-11. |
| Connecticut | Controlled substanceSchedule I | 25 March 2026 | The Department of Consumer Protection made phenibut a Schedule I controlled substance under Public Act 25-101 (regulation PR2025-018). Possessing, making, selling or distributing products that contain it is illegal.Source: Connecticut Department of Consumer Protection: Recent Controlled Substance Regulation Changes (2026), checked 2026-10-11. |
| Maryland | Regulated (consumer protection act) | 1 October 2025 | The JT Alvey Phenibut Consumer Protection Act bars retail sale to anyone under 21, and bars sale of a phenibut product that FDA has not recognised as a dietary ingredient or approved as a drug. FDA has done neither, so in practice retail sale is not permitted. It also sets label rules and bans adulterated products (Health-General 21-2F-01 to 21-2F-04).A 2026 law (ch. 355, SB 820, from 1 July 2026) lets the Alcohol, Tobacco, and Cannabis Commission cite violations and seize products.Source: Maryland 2025 Laws ch. 704 (HB 996), JT Alvey Phenibut Consumer Protection Act, checked 2026-10-11. |
| Utah | Controlled substanceSchedule I | 7 May 2025 | H.B. 173 (2025) added phenibut and tianeptine to Schedule I in Utah Code 58-37-4.Source: Utah H.B. 173, Controlled Substances Act Amendments (2025), enrolled copy, checked 2026-10-11. |
A state that is not listed had no state law on phenibut that we could find in an official source as of 2026-10-11. Cities and counties can have their own rules, bills are introduced every session, and emergency scheduling orders can take effect without a vote, so check the current law where you are before buying, carrying or selling it. Rows marked "Check current law" could not be fully confirmed against the operative text.
Phenibut in the US, UK, EU and Australia ยท full phenibut entry
Tianeptine: US federal and state law
Federal
- DEA proposed rule (July 2026, pending). Tianeptine is not currently scheduled under the federal Controlled Substances Act. DEA published a proposed rule on 2026-07-08 to place tianeptine in Schedule I; it is a proposal only and imposes no controls until a final rule is published. The comment period closed on 7 August 2026. The proposal lists 15 states that control or ban tianeptine (AL, AR, FL, GA, IN, KY, LA, MD, MI, MN, MS, OH, OK, TN, VA). Source: Federal Register 2026-13821, Schedules of Controlled Substances: Placement of Tianeptine in Schedule I (Proposed Rule, DEA, Docket No. DEA1596), checked 2026-10-11.
- FDA, May 2025. FDA states tianeptine is not approved for any medical use, is not generally recognized as safe for use in food, and does not meet the statutory definition of a dietary ingredient. FDA's May 8, 2025 letter warns of a growing gas station heroin trend. Source: FDA, New "Gas Station Heroin" Tianeptine Product Trend (Dear Colleague letter), checked 2026-10-11.
- FDA on supplements. FDA considers tianeptine a substance that is not a lawful dietary ingredient and is an unsafe food additive, so products sold as dietary supplements containing it are unlawful. Source: FDA, Tianeptine in Dietary Supplements, checked 2026-10-11.
- FDA consumer warning. On 2023-11-21 FDA warned consumers not to buy or use Neptune's Fix or any other tianeptine product. The warning was updated 2024-01-23 (seizures, deaths), 2024-02-15 (Super Chill Products recall) and 2025-05-08. Source: FDA, FDA warns consumers not to purchase or use any tianeptine product due to serious risks, checked 2026-10-11.
- FDA import alert 54-16. FDA says it has issued import alerts to detain tianeptine shipments at the border and calls tianeptine an unsafe food additive and not a dietary ingredient. Import Alert 54-16 (foods and supplements containing an active pharmaceutical ingredient) lists firms where FDA analysis detected tianeptine. Source: FDA Import Alert 54-16, checked 2026-10-11.
States with a law on tianeptine (23)
| State | Status | In force | What the law does, and source |
|---|---|---|---|
| Alabama | Controlled substanceSchedule I | 14 November 2021 | Tianeptine is a Schedule I controlled substance under the State Board of Health controlled substances rule. It came under state control on 2021-03-15 and moved from Schedule II to Schedule I on 2021-11-14.Source: Ala. Admin. Code r. 420-7-2-.A (Controlled Substances, Schedule I), checked 2026-10-11. |
| Arkansas | Controlled substanceSchedule IICheck current law | 2022 | The Arkansas Department of Health List of Controlled Substances includes tianeptine in Schedule II.The Department of Health's own copy of the list was not available, so this rests on a non-official copy of the rule; the year is the one DEA's 2026 proposed rule gives.Source: 007.07.22 Ark. Code R. 002 - List of Controlled Substances (Cornell LII copy), checked 2026-10-11. |
| Connecticut | Controlled substanceSchedule I | 25 March 2026 | Under Public Act 25-101, the Department of Consumer Protection designated tianeptine (along with kratom, 7-OH, phenibut and others) a Schedule I controlled substance. Businesses were told to destroy or return products by March 25, 2026.The legislature's regulation review committee approved the rule on 24 February 2026; products had to be removed by 25 March 2026.Source: CT DCP press release, Department of Consumer Protection Applauds Passage of Controlled Substance Drug Schedule Updates (2/24/2026), checked 2026-10-11. |
| Delaware | Controlled substanceSchedule I | 21 July 2025 | Delaware lists tianeptine and its salts and isomers in Schedule I.Source: 16 Del. C. 4714 (Schedule I); HB 21, 153rd GA, signed 7/21/25, checked 2026-10-11. |
| Florida | Controlled substanceSchedule I | 2024 | Florida lists tianeptine as a Schedule I opioid in its controlled substances statute.Florida first scheduled it by Attorney General emergency rule in 2023; the statute followed in 2024.Source: Fla. Stat. 893.03(1)(a), checked 2026-10-11. |
| Georgia | Controlled substanceSchedule I | 2022 | HB 963 (2022) added tianeptine to Georgia's Schedule I in O.C.G.A. 16-13-25. The Act took effect when the Governor approved it.Source: Georgia HB 963 (2022), signed legislation (Office of the Governor), checked 2026-10-11. |
| Indiana | Controlled substanceSchedule I | 2024 | Indiana lists tianeptine among the Schedule I opiates in IC 35-48-2-4.Cited to the 2024 enrolled act rather than the current code.Source: Indiana HEA 1182 (2024), enrolled act amending IC 35-48-2-4, checked 2026-10-11. |
| Kansas | Controlled substanceSchedule I | 1 July 2024 | Kansas lists tianeptine and its isomers and salts in Schedule I.Source: K.S.A. 65-4105 (Schedule I), checked 2026-10-11. |
| Kentucky | Controlled substanceSchedule I | 2023 | The Cabinet for Health and Family Services designates tianeptine a Schedule I controlled substance by regulation.Kentucky first acted by emergency regulation in 2023.Source: 902 KAR 55:015, Schedules of controlled substances, checked 2026-10-11. |
| Louisiana | Controlled substanceSchedule I | 1 August 2024 | Act 143 (SB 17) and Act 732 (HB 830) of 2024 added tianeptine to Schedule I in R.S. 40:964.Source: Louisiana Resume Digest, Act 143 (SB 17), 2024 Regular Session, checked 2026-10-11. |
| Maryland | Banned | 2024 | A retailer may not distribute, sell, expose for sale, or advertise a tianeptine product to an individual. Violations are a misdemeanor punishable by a fine of up to $5,000, up to 90 days in jail, or both. Tianeptine is not scheduled.In force on enactment.Source: Md. Code, Health-General 21-2D-02 (Chapter 249 of 2024, HB 1230), checked 2026-10-11. |
| Michigan | Controlled substanceSchedule II | 4 July 2018 | Michigan lists tianeptine sodium in Schedule II.The statute names only the sodium salt.Source: MCL 333.7214 (Schedule 2), checked 2026-10-11. |
| Minnesota | Controlled substanceSchedule I | 2023 | Minnesota lists tianeptine in Schedule I under Minn. Stat. 152.02, subd. 2.DEA's 2026 proposed rule dates Minnesota's control to 2023; the year could not be confirmed from the statute's history.Source: Minn. Stat. 152.02 (Schedules of controlled substances), checked 2026-10-11. |
| Mississippi | Controlled substanceSchedule III | 1 July 2023 | HB 4 (2023) added tianeptine and its salts and derivatives to Schedule III in Miss. Code 41-29-117.A 2024 bill to move tianeptine to Schedule I (SB 2370) died in committee.Source: Mississippi HB 4 (2023), As Sent to Governor, checked 2026-10-11. |
| Nebraska | Controlled substanceSchedule II | Not stated | The current Nebraska statute lists tianeptine and its salts and isomers in Schedule II, paragraph (f).Some 2025 summaries reported Schedule I; the statute version in force from 18 July 2026 lists it in Schedule II.Source: Neb. Rev. Stat. 28-405 (version effective July 18, 2026), checked 2026-10-11. |
| Nevada | Controlled substanceSchedule I | 20 June 2024 | The Board of Pharmacy lists tianeptine in Schedule I by regulation.Source: NAC 453.510 (Schedule I), checked 2026-10-11. |
| New Jersey | Controlled substanceSchedule IICheck current law | Not stated | S729/A4814 makes tianeptine a Schedule II controlled dangerous substance. The act takes effect 30 days after enactment.A legislative office reports it was signed on 12 January 2026 (in force about 30 days later), but the chaptered law could not be found on the legislature's site.Source: New Jersey S729 (2024-2025), First Reprint, checked 2026-10-11. |
| North Carolina | Controlled substanceSchedule II | 1 December 2024 | S.L. 2024-43, section 6, added tianeptine to Schedule II (G.S. 90-90). It applies to offenses committed on or after the effective date.Added by S.L. 2024-43 (H250), section 6.Source: G.S. 90-90 (Schedule II); NCGA summary of H250 (S.L. 2024-43), checked 2026-10-11. |
| Ohio | Controlled substanceSchedule I | 2022 | The State Board of Pharmacy lists tianeptine in Schedule I by rule.The year is the one given in DEA's 2026 proposed rule.Source: Ohio Adm. Code 4729:9-1-01 (Schedule I controlled substances), current version effective November 8, 2025, checked 2026-10-11. |
| Oklahoma | Controlled substanceSchedule II | 2019 | Oklahoma lists tianeptine in Schedule II at 63 O.S. 2-206.The year is the one given in DEA's 2026 proposed rule.Source: 63 O.S. 2-206 (Schedule II), Oklahoma State Courts Network, checked 2026-10-11. |
| Tennessee | Controlled substanceSchedule II | 1 July 2022 | Public Chapter 1135 (2022) added tianeptine and similar substances to Schedule II. Simple possession or casual exchange of tianeptine is a Class A misdemeanor.Source: Tennessee General Assembly, HB 2043 / SB 1997 (112th GA), Pub. Ch. 1135, checked 2026-10-11. |
| Utah | Controlled substanceSchedule I | 7 May 2025 | HB 173 (2025) added tianeptine and phenibut to Schedule I in Utah Code 58-37-4.The 2026 enrolled S.B. 83 keeps tianeptine in Schedule I.Source: Utah H.B. 173 (2025), Controlled Substances Act Amendments, enrolled, checked 2026-10-11. |
| Virginia | Controlled substanceSchedule I | 2025 | Virginia lists tianeptine in Schedule I in the Drug Control Act.The Board of Pharmacy first scheduled it by temporary rule in 2024; the legislature codified it in 2025 (c. 118).Source: Va. Code 54.1-3446 (Schedule I), checked 2026-10-11. |
A state that is not listed had no state law on tianeptine that we could find in an official source as of 2026-10-11. Cities and counties can have their own rules, bills are introduced every session, and emergency scheduling orders can take effect without a vote, so check the current law where you are before buying, carrying or selling it. Rows marked "Check current law" could not be fully confirmed against the operative text.
Tianeptine has no monograph on this site. It is listed here because readers ask about it alongside the substances we cover.
Status by substance
The 35 substances on this site that are not sold over the counter in the US, with their federal status. Each page covers the US, UK, EU and Australia.
| Substance | US federal status on file |
|---|---|
| Adrafinil | Unscheduled |
| Amphetamine (Adderall) | Schedule II |
| Aniracetam | Unscheduled |
| Armodafinil | Schedule IV |
| Atomoxetine (Strattera) | Prescription |
| BPC-157 | Research chemical |
| Centrophenoxine | Unscheduled |
| Cerebrolysin | Research chemical |
| Coluracetam | Unscheduled |
| Dihexa | Research chemical |
| Donepezil (Aricept) | Prescription |
| Fasoracetam | Unscheduled |
| Galantamine | Prescription |
| Guanfacine (Intuniv) | Prescription |
| Kratom (Mitragyna speciosa) | Unscheduled |
| Memantine (Namenda) | Prescription |
| Metformin | Prescription |
| Methylphenidate | Schedule II |
| Mexidol (Emoxypine) | Research chemical |
| Modafinil | Schedule IV |
| Nefiracetam | Unscheduled |
| Noopept | Unscheduled |
| Oxiracetam | Unscheduled |
| Pantogam (Hopantenic Acid) | Research chemical |
| Phenibut | Not a lawful supplement (not controlled) |
| Phenotropil (Phenylpiracetam analog) | Research chemical |
| Phenylpiracetam | Unscheduled |
| Picamilon | Research chemical |
| Piracetam | Unscheduled |
| Pramiracetam | Unscheduled |
| Rapamycin | Prescription |
| Selank | Research chemical |
| Semax | Research chemical |
| Sulbutiamine | Unscheduled |
| Vinpocetine | Unclear (see note) |
Not legal advice. See the disclaimer.