WEEKLY KRATOM INDUSTRY UPDATES: WEEK OF 5.25.2026
Biggest updates
1. Minnesota raised kratom age limits to 21
Minnesota Governor Tim Walz signed HF 3453 on May 5, 2026, raising the legal age to possess kratom from 18 to 21. The state bill text says the change is effective August 1, 2026, and applies to kratom or substances containing mitragynine or 7-hydroxymitragynine.
Why it matters: This is a regulation model, not a full ban. It supports the trend of states moving toward 21+ age restrictions, penalties for underage sale/possession, and clearer consumer protections.
2. AKA issued a May 12 warning to policymakers about misleading 7-OH claims
On May 12, 2026, the American Kratom Association warned state legislators and health officials about companies claiming high-potency 7-OH products are simply “natural” kratom. AKA’s position is that traditional kratom leaf has only trace 7-OH, while many commercial 7-OH products are chemically manipulated, concentrated, and should be treated differently from natural kratom leaf.
Why it matters for ETHA: This supports a strong compliance message: traditional kratom leaf/extract products should be clearly separated from high-potency 7-OH products in packaging, sales training, websites, and retailer education.
3. New Hampshire’s kratom bill had movement on May 21
New Hampshire SB 557 is active. LegiScan shows that on May 21, 2026, the Senate moved to nonconcur with the House amendment. The bill is framed as regulating kratom sales, prohibiting sales to anyone under 21, and creating a New Hampshire Kratom Act / consumer protection structure.
Why it matters: New Hampshire looks more like a regulated-access state than a blanket-ban state, but the bill is still moving procedurally.
4. Washington local governments are continuing city-level bans
A May 2026 MRSC update summarized several Washington local ordinances. Spokane’s ban on kratom sales became effective April 8, 2026; Spokane Valley’s ordinance became effective March 16, 2026; and Othello’s ordinance became effective May 1, 2026, banning sale, advertisement, and distribution of kratom and 7-OH products, with civil penalties and possible business-license consequences.
Why it matters: Even when a state has not passed a statewide ban, cities can move faster than states. For wholesale and online sales, city/county restrictions matter.
5. No new FDA ban this week, but FDA’s 7-OH position remains the key federal pressure
I did not find a brand-new FDA kratom action from this exact week. The current federal pressure is still based on FDA’s ongoing stance that there are no FDA-approved kratom drug products or OTC kratom drugs legally on the U.S. market, and FDA continues to warn consumers about risks including liver toxicity, seizures, and substance use disorder.
FDA’s prior 7-OH action remains central: FDA has said it is targeting concentrated 7-OH products, not natural kratom leaf products, and recommended scheduling certain 7-OH products under the Controlled Substances Act.
Other important recent context
Florida remains a key state to watch because its 7-OH emergency scheduling action is reportedly set to expire June 30, 2026, unless extended or replaced. Rockefeller Institute noted that Florida’s 2026 session ended without passing pending bills that would have maintained the 7-OH status, meaning the ban may lapse.
California is still moving in two directions at once: enforcement pressure against illegal kratom/7-OH products, while AB 1088 proposes a regulated framework with 21+ sales, child-resistant packaging, child-attractive packaging restrictions, and a 2% 7-OH limit of total kratom alkaloids.
Texas SB 1868 is notable because it proposes stricter testing/labeling and would lower the allowed 7-OH threshold from 2% to 0.1% of overall alkaloid composition, while also targeting synthetic alkaloids and certain food/beverage formats. It was referred to Public Health in 2025, so it is not a newly enacted law, but it shows where stricter state proposals may be headed.
The most important trend is this: the regulatory battle is shifting from “kratom yes/no” to “natural kratom vs. high-potency 7-OH / synthetic or manipulated alkaloids.”
- Avoid any 7-OH-heavy positioning unless you are absolutely sure it complies state-by-state.
- Keep all labels 21+ where possible, even in states that still allow 18+.
- Make COAs easy to access and show mitragynine, 7-OH, heavy metals, microbials, and contaminants.
- Train reps to say: “ETHA supports responsible kratom regulation and clear separation between traditional kratom products and chemically manipulated 7-OH products.”
- Watch Minnesota, New Hampshire, Florida, California, Texas, and Washington local jurisdictions closely.
