TRUSTED CONTENTIs kratom legal in New York in 2026? Yes, for adults 21 and older under state law, but a growing list of counties ban its sale.
Kratom is legal to buy, possess, and use in New York for adults 21 and older. Public Health Law section 1399-xx bars sales to anyone under 21, and a label law takes effect December 19, 2026. Kratom is not a controlled substance in New York.
7-OH is also legal under state law today. A bill to ban the sale of concentrated 7-OH (Senate Bill S8925A) passed both houses in June 2026 and was still awaiting action by the Governor at this review. Nassau, Oneida, Albany, Rensselaer, and Washington counties ban kratom sales, and Suffolk and Dutchess counties ban synthetic or concentrated 7-OH.
Last reviewed: October 2026 • Written and fact-checked by the RehabSeekers.com editorial team against primary legal sources and reviewed for clinical accuracy. See our editorial policy and accreditations & verification standards.
New York kratom laws now work on two levels. The state passed its first kratom laws in December 2025: a 21 and older sales age, and a label law that starts in December 2026. Since March 2026, counties from Long Island to the Capital Region have gone further, with five banning kratom sales outright and two more banning synthetic or concentrated 7-OH. This New York kratom ban update explains what state law says, where kratom cannot be sold, what the pending 7-OH bill would change, and where to find free, confidential help in New York if kratom has become hard to stop.
What New York Kratom Law Says Right Now
As of October 2026, kratom is legal in New York for adults 21 and older under Public Health Law Article 13-I, section 1399-xx. The section says no person or kratom business may knowingly sell or provide kratom to anyone under 21. Sellers must check government photo identification unless the buyer reasonably appears to be at least 25, and must post a sign in stores and on websites stating that the sale of kratom to persons under 21 is prohibited by law. Each violation carries a civil penalty of up to $500. The law came from Senate Bill S4552A (chapter 690 of the Laws of 2025) as amended by Senate Bill S8814 (chapter 81 of 2026), which set the start date at the 180th day after signing: June 17, 2026.
Statewide status
Legal for adults 21 and older. Not a controlled substance, and state law creates no offense for possession.
Product rules
Label law starts December 19, 2026. No state testing rule or 7-OH limit yet; a 7-OH sales ban awaits the Governor.
County rules
Sales banned in Nassau, Oneida, Albany, Rensselaer, and Washington counties. Suffolk and Dutchess ban synthetic or concentrated 7-OH.
Is 7-OH legal in New York? Under state law, yes, for adults 21 and older. New York’s definition of kratom includes synthesized and semi-synthesized preparations of mitragynine or 7-hydroxymitragynine, so the under-21 sales ban and the coming label law cover 7-OH tablets, shots, and gummies as well as leaf. No state law yet limits how much 7-OH a product may contain. County law is stricter in seven counties, listed in the table below.
The second state law, General Business Law section 398-g, takes effect December 19, 2026. From that date every kratom product made, distributed, or sold at retail in New York must carry the maker’s or distributor’s name and address, a full ingredient list, the amounts of mitragynine and 7-hydroxymitragynine, whether it contains synthesized or semi-synthesized compounds, and warnings that kratom may be addictive, may interact with medications, should not be used during pregnancy or breastfeeding, and may not be sold to anyone under 21. Violations carry civil penalties of up to $500, then up to $1,000.
New York Kratom Ban Update: The 7-OH Bill and County Bans
The main New York kratom news of 2026 is Senate Bill S8925A, which would ban the sale of concentrated 7-OH statewide. The bill adds General Business Law section 392-l, barring businesses from knowingly selling, offering, or delivering any product in which 7-hydroxymitragynine exceeds 2% of total alkaloids or 1 milligram per serving. It passed the Senate 61 to 0 on June 2, 2026 and the Assembly on June 5, 2026. Penalties are civil: up to $500 for a first violation and up to $1,000 after that, enforced by the Attorney General. The bill does not cover possession and would take effect 90 days after it is signed.
Passed, but not yet law
At the time of this review, the Legislature’s records showed S8925A as passed by both houses with no signature or veto recorded. Until the Governor acts, concentrated 7-OH stays legal to sell to adults under state law. Two other bills remain in committee: Senate Bill S7379 (Assembly Bill A4034), which would make kratom a Schedule I controlled substance, and the Synthetic Kratom Kills Act (Senate Bill S10514, Assembly Bill A10969), which would add batch testing and ban synthesized kratom. Bills that have not passed by the end of the 2025 to 2026 session expire.
Two details of the 2025 laws are often reported wrongly. First, the Legislature’s records list both bills as signed on December 19, 2025, while the Governor’s office announced the signing on December 22; the statute’s start dates run from December 19. Second, chapter amendments signed on February 13, 2026 rewrote both laws: they moved the age rule into its own article, replaced the original warning text with the fuller label list above, dropped a ban on “all natural” claims, and repealed a kratom study the Department of Health had been told to complete.
Where Is Kratom Banned in New York? Rules at a Glance
New York has no statewide kratom ban, but counties may pass stricter rules and several did in 2026. The table lists the state rules first, then each county measure we could confirm from a county record or local news report.
| Item | Status | Notes |
|---|---|---|
| Statewide legality | Legal for 21+ | Not a controlled substance; possession is not an offense |
| Minimum age | 21 (since Jun 17, 2026) | Public Health Law 1399-xx; ID check & signs; up to $500 per violation |
| Labeling | Starts Dec 19, 2026 | General Business Law 398-g; ingredients, alkaloid amounts & warnings |
| 7-OH (statewide) | Legal for 21+ today | S8925A (sales ban above 2% or 1 mg per serving) awaits the Governor |
| Nassau County | Sale & distribution banned | County Legislature voted unanimously on Mar 9, 2026 |
| Oneida County | Sale banned | Health order from Jun 5, 2026; local law signed Aug 19, 2026; $500, then up to $1,000 per item |
| Washington County | Sale banned | Local law prohibiting the sale of kratom approved in 2026 |
| Suffolk County | Synthetic kratom banned | Signed Jul 30, 2026; natural kratom must be lab tested and sold only to 21+; violations are a misdemeanor |
| Dutchess County | Concentrated & synthetic 7-OH banned | Approved by the County Legislature Aug 10, 2026; natural leaf still sold |
| Albany County | Sale banned (temporary order) | Health order in force since Sep 1, 2026; fines of $1,000 to $2,000 |
| Rensselaer County | Sale banned | Local law passed 15 to 2 on Sep 24, 2026 and signed; covers leaf and 7-OH |
Can you buy kratom in New York? Yes, in most of the state, if you are 21 or older. It cannot be sold in the five counties with sales bans, which include the cities of Albany, Troy, Utica, and Rome and all of Nassau County. Saratoga County set a public hearing on its own ban for October 14, 2026, so the list may grow. We found no New York City kratom law; state law applies in all five boroughs.
Where New York fits nationally (approximate share of states and Washington, D.C., October 2026)
Legal, no kratom-specific state law (~18 states)
Legal with age limits or product rules, including New York (~23)
Full statewide ban (10 states)
Approximate, October 2026; trackers count differently. Full bans: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts (one-year emergency order), Tennessee, Vermont, and Wisconsin. See every state on our kratom bans by state page.
Federal vs. New York Kratom Law
Kratom is not scheduled under the federal Controlled Substances Act. The Drug Enforcement Administration proposed Schedule I in August 2016 and withdrew the plan that October. Federal attention has since moved to concentrated 7-OH. The Food and Drug Administration recommended scheduling 7-OH products in July 2025, and the Drug Enforcement Administration published a notice of intent on July 6, 2026 to place 7-OH above a set threshold in Schedule I. No final order had been published by early October 2026.
Federal position
Kratom leaf is unscheduled, though the Food and Drug Administration says it cannot lawfully be sold as a drug, dietary supplement, or food additive. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been Schedule I since August 26, 2026. A federal 7-OH order is pending.
New York position
Legal for adults 21 and older, with a label law starting December 19, 2026 and a 7-OH sales ban awaiting the Governor. Kratom is not in New York’s controlled substance schedules. The federal Schedule I order on pseudoindoxyl, MGM-15, and MGM-16 applies in New York as it does nationwide; we could not confirm a matching state listing.
Buying Kratom in New York and Crossing State Lines
Where you are in New York decides what a store may sell. In New York City, Buffalo, Rochester, Syracuse, and most upstate counties, adults 21 and older can buy kratom and 7-OH products under state law. In Hempstead and the rest of Nassau County, and in Utica, Albany, and Troy, kratom cannot be sold at all. In Suffolk County only lab-tested natural kratom may be sold, and in Poughkeepsie and the rest of Dutchess County concentrated 7-OH is off the shelves. The county laws we reviewed target sellers; state law does not make possession an offense. New York does not yet require product testing, and until December 19, 2026 it does not require alkaloid amounts on the label.
Travel needs care, because three of New York’s five neighboring states ban kratom. Connecticut has treated kratom as a controlled substance since March 25, 2026, and Vermont also bans it. Massachusetts placed kratom and 7-OH in Schedule I by emergency regulation on August 28, 2026, for up to one year, with a court challenge pending. New Jersey and Pennsylvania have no state kratom law, although New Jersey scheduled mitragynine pseudoindoxyl, MGM-15, and MGM-16 on September 25, 2026. Check the law at your destination before traveling with any kratom product.
The Health Picture Behind New York’s Kratom Laws
Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, act on the brain’s opioid receptors. People commonly report stimulant-like effects at lower amounts and opioid-like or sedating effects at higher ones. Regular use can lead to physical dependence and withdrawal, which the National Institute on Drug Abuse describes as usually mild to moderate. Concentrated 7-OH is a different matter: the Food and Drug Administration says it can be more potent than morphine, and the New York State Department of Health began monitoring 7-OH specifically in June 2025. About 1.7 million Americans aged 12 and older used kratom in 2021, according to the National Survey on Drug Use and Health.
County sales bans carry a risk worth planning for. People who lose their usual supply and stop suddenly can go into withdrawal, with restlessness, muscle aches, sweating, irritability, runny nose, stomach cramps, and poor sleep, often starting within 6 to 12 hours of the last use. Some may turn to other substances. Dependence is a health condition, not a moral failing, and tapering or stopping with medical support is safer than stopping abruptly and alone. Read more in our guide to opioid rehab and treatment, the closest clinical match for kratom dependence.
Free New York Help & Government Resources
Free, confidential help for kratom and 7-OH dependence is available across New York. The lines below cost nothing to call, and asking about treatment is a health matter, not a legal one.
New York State HOPEline
Addiction help & referrals, 24/7. Call, or text HOPENY (467369)
1-877-846-7369
National Helpline
Substance Abuse and Mental Health Services Administration. Free & confidential, 24/7
1-800-662-4357
988 Suicide & Crisis Lifeline
24/7 crisis support statewide
Call or text 988
211 New York
Local service referrals statewide, 24/7, free
Dial 211
Poison Help Line
For adverse reactions, 24/7
1-800-222-1222
Find treatment
New York State treatment availability search
FindAddictionTreatment.ny.gov
The HOPEline is run by the New York State Office of Addiction Services and Supports and answered by professional counselors in English and Spanish, with interpreters for other languages. The same office states that the treatment providers it funds cannot turn anyone away for inability to pay, and it publishes a kratom information page. Naloxone, which can reverse an opioid overdose, is sold over the counter, and New York pharmacies also supply it under a standing order without a personal prescription. Help with insurance denials for addiction treatment is available from the state’s Community Health Access to Addiction and Mental Health Care Project at 888-614-5400.
Finding Treatment for Kratom Dependence in New York
No medication is approved specifically for kratom dependence. The New York State Office of Addiction Services and Supports says that “the primary treatment is counseling,” and published case reports describe buprenorphine being used for people dependent on kratom. The right level of care depends on how long and how much you have used, and whether other substances or mental health conditions are involved. Common paths include:
Stabilizing safely
Medical detox and detox by substance programs manage withdrawal symptoms under clinical supervision during the hardest early days.
Ongoing care
Outpatient medication clinics, including those offering buprenorphine, intensive outpatient programs, and partial hospitalization programs provide treatment while you keep living at home.
For higher-intensity needs, residential rehab provides a structured, substance-free setting, while sober living homes support the move back to daily life. If cost is a concern, ask any provider whether it accepts New York Medicaid, and see rehabs that take Medicaid, free rehab options, and state-funded programs.
Browse drug and alcohol rehab centers in New York by city, including New York City, Brooklyn, the Bronx, Staten Island, Buffalo, Rochester, Syracuse, Albany, Utica, Poughkeepsie, and Hempstead. Neighborhood pages cover Harlem and East Harlem in Manhattan, and the South Bronx and Mott Haven in the Bronx. Near a state line, treatment in New Jersey, Connecticut, or Pennsylvania may be closer. You can also search the full U.S. locations directory, all treatment programs, and our recovery resources.
New York Kratom Laws: Frequently Asked Questions
Is kratom legal in New York in 2026?
Yes. Kratom is legal in New York (NY) for adults 21 and older and is not a controlled substance. State law bars sales to anyone under 21. Nassau, Oneida, Albany, Rensselaer, and Washington counties ban kratom sales locally.
Is 7-OH legal in New York?
Under state law, yes, for adults 21 and older, as of October 2026. Senate Bill S8925A, which would ban the sale of products with 7-OH above 2% of total alkaloids or 1 milligram per serving, passed both houses in June 2026 but had not been signed at this review. 7-OH products cannot be sold in Nassau, Oneida, Albany, Rensselaer, Washington, Suffolk, or Dutchess counties.
Is kratom banned in New York?
Not statewide. New York regulates kratom with an age limit and a label law rather than a ban. A bill to make kratom Schedule I (Senate Bill S7379) has not moved out of committee. Bans exist only at county level.
Where is kratom banned in New York?
Kratom sales are banned in Nassau, Oneida, Rensselaer, and Washington counties, and in Albany County under a temporary health order in force since September 1, 2026. Suffolk County bans synthetic kratom and Dutchess County bans concentrated and synthetic 7-OH. Saratoga County is considering a ban.
When will 7-OH be banned in New York?
No date is set. If the Governor signs Senate Bill S8925A, the sales ban on concentrated 7-OH starts 90 days later. If the bill is vetoed, state law stays as it is. A separate federal proposal to schedule 7-OH had not been finalized by early October 2026.
What is the legal age to buy kratom in New York?
21. Under Public Health Law section 1399-xx, sellers must check photo identification unless the buyer reasonably appears to be at least 25, and must post an age sign. Selling to someone under 21 carries a civil penalty of up to $500 per violation.
Can you buy kratom in New York City?
Yes, if you are 21 or older. We found no New York City kratom law, so state law applies in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Neighboring Nassau County bans kratom sales.
Is it illegal to possess kratom in New York?
No state law makes possessing kratom an offense, and kratom is not in New York’s controlled substance schedules. The state age law and the county laws we reviewed apply to selling and distributing. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 are different: they have been federal Schedule I substances since August 26, 2026.
Can I travel with kratom from New York?
Take care. Connecticut, Vermont, and Massachusetts all ban kratom, so carrying it across those state lines can be a crime. New Jersey and Pennsylvania have no state kratom law. Confirm the law wherever you are heading.
Will getting treatment for kratom get me in legal trouble?
No. Calling a helpline or entering treatment does not create a criminal record, and federal rule 42 CFR Part 2 protects substance use disorder treatment records. New York’s Good Samaritan law (Penal Law section 220.78) also protects people who seek emergency help for an overdose from most possession charges.
Important: This article is for general information and harm-reduction purposes and is not legal or medical advice. New York’s rules are changing, with a 7-OH bill awaiting the Governor, a label law starting December 19, 2026, and new county laws appearing most months. For a specific legal question, consult a licensed New York attorney; for a health decision, speak with a qualified clinician. If you or someone you know is in immediate danger, call 911.
References and Citations
- New York Public Health Law section 1399-xx, sale or distribution of kratom products to minors. nysenate.gov
- New York General Business Law section 398-g, kratom package labeling (effective December 19, 2026). nysenate.gov
- New York State Senate. Senate Bill S4552A (chapter 690 of the Laws of 2025), sale of kratom to persons under 21. nysenate.gov
- New York State Senate. Senate Bill S8814 (chapter 81 of the Laws of 2026), chapter amendment to the age law. nysenate.gov
- New York State Senate. Assembly Bill A5852A (chapter 655 of the Laws of 2025), kratom labeling. nysenate.gov
- New York State Senate. Assembly Bill A9443 (signed February 13, 2026), chapter amendment to the labeling law. nysenate.gov
- New York State Senate. Senate Bill S8925A, prohibiting the sale of 7-hydroxymitragynine products. nysenate.gov
- Office of the Governor of New York. Announcement of kratom legislation, December 22, 2025. governor.ny.gov
- Nassau County Legislature. Kratom ban legislation, March 9, 2026. nassaucountyny.gov
- Oneida County. County Executive signs local law prohibiting sale of kratom, August 19, 2026. oneidacountyny.gov
- Suffolk County Legislature. Introductory Resolution 1279-2026, local law restricting kratom. scnylegislature.us
- Washington County. 2026 local laws, including the local law to prohibit the sale of kratom. washingtoncountyny.gov
- Spectrum News. Albany County public health order banning kratom sales, August 21, 2026. spectrumlocalnews.com
- WNYT NewsChannel 13. Kratom ban in Rensselaer County signed into law, September 2026. wnyt.com
- News 12 Westchester. Dutchess County Executive signs partial kratom ban. news12.com
- Federal Register. Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, August 26, 2026. federalregister.gov
- Federal Register. Notice of intent, temporary placement of 7-hydroxymitragynine above a specified threshold in Schedule I, July 6, 2026. federalregister.gov
- U.S. Food and Drug Administration. FDA and Kratom. fda.gov
- National Institute on Drug Abuse. Kratom. nida.nih.gov
- New York State Office of Addiction Services and Supports. Kratom. oasas.ny.gov
- New York State Office of Addiction Services and Supports. HOPEline, and Paying for Treatment. oasas.ny.gov/hopeline, oasas.ny.gov/treatment/paying-treatment
- New York State Department of Health. Opioid overdose prevention and naloxone. health.ny.gov
- 211 New York. 211newyork.org
- Substance Abuse and Mental Health Services Administration. National Helpline. samhsa.gov
- New York Penal Law section 220.78, witness or victim of drug or alcohol overdose. nysenate.gov
Kratom Bans & Laws by State
Kratom’s legal status varies widely across the U.S. Select any state below to see its current kratom laws, pending legislation, and local treatment and support resources.
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