States Take Different Paths on Kratom Regulation

Washington, D.C. — Across the United States, state lawmakers continue to debate how best to regulate kratom (Mitragyna speciosa), a botanical product native to Southeast Asia. While some states have adopted restrictions or outright bans, others are moving toward regulated frameworks that emphasize consumer protections.

This divergence underscores an ongoing national conversation about kratom and its related compounds, such as 7-hydroxymitragynine (7-OH), and how they should be approached from a public health and policy standpoint.

Kratom and 7-OH: Understanding the Context

Kratom contains several active alkaloids, primarily mitragynine and, at much lower natural levels, 7-OH. In traditional Southeast Asian use, kratom leaves are chewed or brewed as tea. In the U.S., however, kratom is also available in capsules, extracts, and other manufactured forms.

FDA officials have noted that concentrated 7-OH may interact with opioid receptors in the body, with some animal studies suggesting higher potency than mitragynine. Commissioner Marty Makary recently described 7-OH as “an opioid that can be more potent than morphine,” emphasizing the need for regulatory oversight and public awareness. At the same time, many researchers emphasize that further human studies are necessary to determine the long-term safety, therapeutic potential, and associated risks.

State Actions: A Divided Approach

The policy landscape remains varied:

• New Jersey has considered CJ’s Law, a proposal to ban kratom products.
• Rhode Island, which previously maintained a ban, is now weighing a shift toward regulated sales with testing and labeling requirements.
• Seven states introduced new legislation in 2025, some aimed at limiting kratom sales while others sought to build consumer protection frameworks.
• Overall, nearly half of U.S. states regulate kratom in some capacity, through age restrictions, labeling rules, or sales limits.

These examples illustrate the lack of a unified national policy, with state-level decisions often shaped by local advocacy, public health concerns, and law enforcement perspectives.

Public and Industry Perspectives

Consumer advocates, including the American Kratom Association , argue that regulation should prioritize product safety rather than outright prohibition. They promote measures such as third-party lab testing, clear labeling, and age restrictions as ways to protect consumers while preserving access.

On the other hand, some policymakers have linked kratom and its derivatives to broader opioid concerns, calling for stronger restrictions. Public health officials often cite uncertainty about dosing, variability in product quality, and limited clinical data as reasons for caution (NCBI).

Federal Considerations

At the federal level, the FDAmaintains that kratom is not approved as a dietary supplement or drug. The agency has issued warnings about products marketed with unproven health claims. While the FDA has recommended evaluating kratom alkaloids for scheduling under the Controlled Substances Act, the DEAhas not taken final action.

This federal uncertainty leaves states to set their own policies, resulting in the patchwork of approaches currently seen nationwide.

Outlook

Kratom’s future in the U.S. will likely depend on ongoing research, consumer advocacy, and state-level legislative activity. States that move toward regulation often emphasize balancing consumer choice with safety, while those considering bans highlight potential health risks and lack of FDA approval.

For now, consumers are encouraged to monitor developments in their states, consult healthcare providers before using kratom products, and look for lab-tested, clearly labeled items where available.

References

U.S. Food & Drug Administration. (2025, July 29). Concentrated 7-OH opioid products. https://www.fda.gov/media/187898/download

New Jersey Legislature / LegiScan. (2024). S3981 (CJ’s Law): Bill text. https://legiscan.com/NJ/text/S3981/id/3033882

New Jersey Legislature / LegiScan. (2024). A5129 (CJ’s Law): Bill text. https://legiscan.com/NJ/text/A5129/id/3033888

Politico. (2025, July). HHS warns kratom derivative has opioid-like effects. https://subscriber.politicopro.com/article/2025/07/hhs-warns-kratom-derivative-has-opioid-like-effects-00481726

U.S. Food & Drug Administration. (2025, July 29). Hiding in Plain Sight: 7-OH products. https://www.fda.gov/news-events/public-health-focus/hiding-plain-sight-7-oh-products

Legislative Analysis & Public Policy Association. (2024, February). Kratom: Summary of State Laws [PDF]. https://legislativeanalysis.org/wp-content/uploads/2024/02/Kratom-Summary-of-State-Laws.pdf