Numerous Kratom Bills Filed Throughout the U.S. in Early 2026

In just the first three weeks of 2026, lawmakers in multiple states have filed numerous proposals related to kratom, the herbal product derived from the Mitragyna speciosa plant that is widely sold in smoke shops, convenience stores, and online, and often used as a natural alternative to opioids. The proposals fall into two very different categories. Some states are advancing “Kratom Consumer Protection Act” style bills focused on labeling, age limits, and product safety standards. Others are moving to classify kratom as a Schedule I controlled substance, making possession and sale a criminal offense.

Here’s how the issue is unfolding state by state.

In Washington State, House Bill 2291 and Senate Bill 6196 were filed within days of each other earlier this month and are already scheduled for public hearings before the House Consumer Protection & Business Committee and the Senate Labor & Commerce Committee. Both measures follow the consumer protection model. They would establish labeling rules, prohibit adulterated or synthetic products, cap 7-hydroxymitragynine levels at 2% of alkaloid composition, and make it illegal to sell kratom to minors. These proposals treat kratom as a product that should be regulated rather than banned.

Missouri is taking a similar path. House Bill 3067, filed January 21 by Representative Brad Christ (R), creates a formal “Kratom Consumer Protection Act.” The bill would preempt local regulation, require labeling that discloses alkaloid content, ban synthetic alkaloids, prohibit contaminated or adulterated products, and set criminal penalties for violations. Sales to individuals under 18 would be prohibited, and the state health department would be given authority to establish labeling standards.

New York has already moved faster than most states. Senate Bill 8814 was filed January 8 by State Senator Patricia Fahy (D) and passed the Senate on January 21. It has now been delivered to the Assembly and referred to the Codes Committee. The measure follows the consumer protection model, focusing on labeling, alkaloid disclosure, contamination prohibitions, and age restrictions (21+) rather than criminalization.

South Dakota is taking the opposite approach. Senate Bill 77, introduced January 13 by a group of Republican lawmakers, would ban kratom entirely. The bill makes the sale, possession, purchase, and consumption of kratom a Class 2 misdemeanor and repeals existing regulatory language that previously allowed kratom sales under certain conditions. The measure passed the Health and Human Services Committee on January 21 and now awaits consideration by the full Senate.

Iowa is pursuing one of the strictest proposals so far. House File 2133, filed January 21 by the House Public Safety Committee, would designate kratom as a Schedule I controlled substance under state law. First offenses would be treated as serious misdemeanors, with escalating penalties for repeat violations, including potential felony charges. The bill specifically defines kratom to include synthetic equivalents of mitragynine and 7-hydroxymitragynine and treats possession as a criminal offense rather than a regulatory matter.

Arizona has joined the trend with House Bill 2415, filed January 15 by two Republican lawmakers. The measure follows the consumer protection framework, emphasizing labeling requirements, age limits, and prohibitions on synthetic or contaminated products rather than an outright ban.

West Virginia has two bills moving simultaneously. House Bill 4459 and Senate Bill 431, both filed January 16, were referred to the House Health and Human Resources Committee and the Senate Judiciary Committee respectively. The proposals focus on increasing oversight of kratom products, with discussions underway about whether the state should regulate kratom sales or prohibit certain products.

New Jersey shows how divided the issue can be within a single state. Senate Bill 1384, filed January 13 by Senator Joseph Lagana (D) and Senator Jon Bramnick (R), follows the regulatory model, establishing labeling requirements, Department of Health oversight, age restrictions at 21, and penalties for retailers who sell unsafe products.

At the same time, Senate Bill 829 — known as “CJ’s Law” — would do the opposite. It would classify kratom as a controlled dangerous substance, criminalizing its manufacture, sale, and possession with penalties that include multi-year prison terms. The bill is named after a New Jersey man who died after consuming kratom along with other substances, and its sponsors cite FDA warnings and addiction concerns as justification for prohibition.

Nebraska is considering similar action through Legislative Bill 431, filed January 17. The measure would amend the state’s Uniform Controlled Substances Act to formally add kratom to Schedule I. The bill defines kratom broadly to include both plant-derived and synthetic alkaloids and places it alongside substances considered to have high abuse potential and no accepted medical use.

Virginia has at least two kratom-related proposals in 2026. House Bill 875 would amend the Virginia Consumer Protection Act to make it a Class 1 misdemeanor to knowingly manufacture, sell, give, distribute, or possess kratom intended for human consumption, and also prohibit sales to individuals under 21 years of age. Another proposal, House Bill 442, directs the Virginia State Crime Commission to conduct a comprehensive analysis of kratom enforcement and regulation across the United States, including penalties, regulatory frameworks, and recommendations for state policy going forward.

New Hampshire’s Senate Bill 557, introduced in early January 2026 and referred to the Judiciary Committee, would prohibit the sale of kratom products to anyone under 21 and establish a regulatory framework for the sale of kratom products. The bill, titled the Kratom Consumer Protection Act, directs the state to regulate kratom product sales and adopt necessary rules and regulations to oversee the emerging market for these products.

Senate Bill 994, introduced by Senator Gruters, would establish a Florida Kratom Consumer Protection Act with requirements for kratom products sold to consumers, including permitting, manufacturing standards, and prohibitions on products that contain prohibited substances. The measure also includes age restrictions and other safety provisions that would bring kratom closer to a regulated consumer product framework rather than outright ban. Additionally, House Bill 1205 was introduced, outlining requirements for sale and processing of kratom products, including mandatory laboratory certification, adverse event reporting, and authority for the Department of Agriculture and Consumer Services to issue stop-sale orders for unsafe kratom products.