Kratom remains legal at the state level in New York for adults aged 21 and older, though local county legislatures have actively moved to implement outright sales prohibitions.
Statewide Legal & Regulatory Framework
- Age Restrictions & Labeling: State laws (including S08814 / Chapter 81 and A09443 / Chapter 12) restrict the sale of kratom products to individuals 21 and older and mandate product warning labels regarding potential risks.
- Pending State Bills:
- Prohibition Bills: Bills like A04034 and S07379 propose classifying kratom as a Schedule I controlled substance statewide.
- KCPA Legislation: Companion bills S08136 and AB08693 propose establishing the New York Kratom Consumer Protection Act to regulate testing, purity, and labeling without a total ban.
- Extract & Food/Beverage Restrictions: Bills such as A09114 and S08686 seek to prohibit food/beverage formulations containing kratom, while A09156 targets products exceeding 1mg or 2% total alkaloids of 7-hydroxymitragynine (7-OH).
County-Level Sales Prohibitions
Local county governments in New York have moved to enact localized prohibitions on the sale, commercial distribution, and retail display of kratom products:
- Albany County: Issued an Emergency Public Health Order banning the retail sale and commercial distribution of all kratom products. Businesses face civil fines ranging from $1,000 to $2,000 per violation for non-compliance.
- Dutchess County: Enacted local regulations restricting or banning select high-potency kratom items and extracts.
- Nassau County: Enacted local legislation prohibiting the sale and distribution of all kratom products across smoke shops, convenience stores, and retail locations within county borders.
- Oneida County: Local health department directives and legislative proposals restrict point-of-sale commercial distribution.
- Rensselaer County: The county legislature voted to ban local retail sales and commercial distribution following public hearings.
- Suffolk County: Enforces 21+ age limits under local law with active legislative proceedings considering a complete transition toward a local commercial prohibition.
Municipal & City Statuses
- New York City (5 Boroughs):
- Status: No municipal ban on plain leaf kratom.
- Enforcement: Enforces state age minimums (21+) and conducts Department of Consumer and Worker Protection (DCWP) retail checks targeting food and beverage adulteration.
- Upstate Cities (Syracuse, Buffalo, Rochester):
- Status: No city-specific prohibitions enacted.
- Enforcement: Relies on state regulatory requirements, packaging standards, and minor compliance checks.
LEGISLATIVE HISTORY
S0953 Directs the commissioner of health to conduct a study on kratom use by humans and to submit a report on such study after one year.
Status: Introduced on January 28 2026 – 25% progression
Action: 2026-01-28 – REFERRED TO HEALTH
Pending: Senate Health Committee
AB10482 Prohibits the public display of kratom advertisements within a certain distance of schools.
Status: Introduced on March 6 2026 – 25% progression
Action: 2026-03-06 – referred to consumer affairs and protection
Pending: Assembly Consumer Affairs and Protection Committee
S03426 Prohibits individuals who are under the age of twenty-one to purchase or possess any products containing Kratom.
Status: Introduced on January 27 2025 – 25% progression
Action: 2026-01-07 – REFERRED TO HEALTH
Pending: Senate Health Committee
A04034 Establishes kratom, otherwise known as mitragyna speciosa korth, as a schedule I controlled substance.
Status: Introduced on January 27 2025 – 25% progression
Action: 2026-01-07 – REFERRED TO HEALTH
Pending: Senate Health Committee
S 7379 Establishes kratom, otherwise known as mitragyna speciosa korth, as a schedule I controlled substance.
Status: Introduced on April 11 2025 – 25% progression
Action: 2026-01-07 – REFERRED TO HEALTH
Pending: Senate Health Committee
S08136 (KCPA) Relates to enacting the New York state kratom consumer protection act; relates to labeling and other requirements for the sale of kratom products.
Status: Introduced on May 15 2025 – 25% progression
Action: 2026-01-07 – REFERRED TO HEALTH
Pending: Senate Health Committee
AB08693 Relates to enacting the New York state kratom consumer protection act; relates to labeling and other requirements for the sale of kratom products.
Status: Introduced on May 29 2025 – 25% progression
Action: 2026-01-07 – referred to consumer affairs and protection
Pending: Assembly Consumer Affairs and Protection Committee
A09114 Prohibits the sale or offering for sale, delivery or manufacture of food or beverages containing kratom or its derivatives, or 7-hydroxymitragynine; provides penalties.
Status: Introduced on September 26 2025 – 25% progression
Action: 2026-01-07 – referred to consumer affairs and protection
Pending: Assembly Consumer Affairs and Protection Committee
A09156 Prohibits the sale of products that contain 7-hydroxymitragynine at a level that exceeds 2% of total alkaloids or one milligram per serving; establishes fines for the sale of such products. (7-OH ban)
Status: Introduced on October 17 2025 – 25% progression
Action: 2026-01-09 – print number 9156a
Pending: Assembly Consumer Affairs and Protection Committee
A09443 Requires certain kratom products to include a warning label with disclosures including, but not limited to, that kratom may be addictive and to keep it out of reach of children.
Status: Passed on February 13 2026 – 100% progression
Action: 2026-02-13 – signed chap.12
S08686 Prohibits the sale or offering for sale, delivery or manufacture of food or beverages containing kratom or its derivatives, or 7-hydroxymitragynine; provides penalties.
Status: Introduced on January 7 2026 – 25% progression
Action: 2026-01-07 – REFERRED TO CONSUMER PROTECTION
Pending: Senate Consumer Affairs and Protection Committee
A09472 Prohibits the sale of kratom to individuals under the age of twenty-one; prohibits the sale or dissemination of information recorded during transaction scans; imposes a civil penalty of not more than five hundred dollars for the sale or provision of kratom to any person under the age of twenty-one; repeals certain provisions relating thereto; repeals certain provisions requiring a study on kratom; relates to the effectiveness of a chapter of the laws of 2025 relating to prohibiting the sale of kratom to persons under the age of 21.
Status: Introduced on January 7 2026 – 25% progression
Action: 2026-02-05 – substituted by S08814
S08780 Requires certain kratom products to include a warning label with disclosures including, but not limited to, that kratom may be addictive and to keep it out of reach of children.
Status: Introduced on January 8 2026 – 25% progression
Action: 2026-02-03 – SUBSTITUTED BY A09443
S08814 Prohibits the sale of kratom to individuals under the age of twenty-one; prohibits the sale or dissemination of information recorded during transaction scans; imposes a civil penalty of not more than five hundred dollars for the sale or provision of kratom to any person under the age of twenty-one; repeals certain provisions relating thereto; repeals certain provisions requiring a study on kratom; relates to the effectiveness of a chapter of the laws of 2025 relating to prohibiting the sale of kratom to persons under the age of 21.
Status: Passed on February 13 2026 – 100% progression
Action: 2026-02-13 – SIGNED CHAP.81