Several states are taking emergency action to restrict kratom and products containing a potent chemical found in the plant, while the federal government is debating tighter controls on the chemical but not kratom itself.
Kratom is a plant native to Southeast Asia that is sold in the United States in products marketed as dietary supplements, extracts, powders, gummies and other forms. The Drug Enforcement Administration warns that kratom can be addictive and may produce stimulant effects at lower doses and sedative or even psychotic effects at higher doses.
This month, Massachusetts Public Health Commissioner Dr. Robbie Goldstein issued a temporary emergency order placing all forms of kratom into Schedule I under state law. Schedule I substances are subject to the state’s strictest controls. The order also gives local health boards more authority to take action against businesses that continue selling kratom products.
North Dakota Gov. Kelly Armstrong also declared a public health emergency and banned the sale, use and possession of kratom products statewide. A separate emergency rule from the North Dakota Board of Pharmacy classified 7-hydroxymitragynine, commonly known as 7-OH, as a Schedule I substance for 180 days.
Armstrong has called lawmakers into a special session beginning Sept. 2 to address the restrictions in state law.
Earlier this summer, Florida’s attorney general issued an emergency rule placing concentrated 7-OH and six related compounds in Schedule I. Products sold in Florida may now contain no more than 1 milligram of those chemicals per gram or milliliter.
Kratom use has grown in popularity in the United States, while concerns about poisonings and highly concentrated products have also increased.
U.S. poison center data showed a 1,200% increase in kratom exposure reports between 2015 and 2025, according to the Centers for Disease Control and Prevention. The CDC also found kratom present in more than 5,200 deadly overdose cases between 2020 and 2024.
Florida medical examiners have linked at least 587 overdose deaths to kratom-related compounds since 2013, according to the Florida attorney general’s office.
The issue has also led to lawsuits. In 2023, the family of Krystal Talavera, a 39-year-old mother of four, was awarded $11 million in a wrongful death lawsuit after she died following the use of a concentrated kratom extract she had legally purchased online.
Several other states have considered restrictions on kratom and 7-OH. In South Dakota, legislation last session that would have banned kratom or restricted hemp-derived intoxicating products failed to pass.
Proposed federal action is narrower.
The DEA announced July 1 that it intends to temporarily place 7-OH and three related substances in Schedule I. The kratom plant itself would not be covered as long as its 7-OH content remains below the federal limits.
While the leaves naturally contain only trace amounts of 7-OH, the chemical can be produced in a laboratory and concentrated into products such as gummies, tablets, powders and dissolvable strips. Those products are widely sold at gas stations, smoke shops and online.
The proposed federal action follows a determination by the U.S. Department of Health and Human Services that synthetic 7-OH and the three related substances have no accepted medical use and carry a high potential for abuse.
The kratom debate has also drawn scrutiny involving Homeland Security Secretary Markwayne Mullin. The New York Times reported that Mullin disclosed an investment of up to $1 million in Botanic Tonics, a company that sells kratom products. The disclosure did not indicate when the investment was acquired, and the Times reported there was no record that Mullin had divested.
Mullin, a former Republican senator from Oklahoma, has also been involved in efforts by the kratom industry to influence federal policy, according to the Times. While serving in the Senate, Mullin appeared at a Food and Drug Administration news conference supporting proposed restrictions on synthetic supplements that compete with kratom products.
