Kratom is not illegal in New York for adults 21 and older, who can buy, possess, and use it in most of the state. What changed in late 2025 is the sales side: Governor Hochul signed two bills on December 22, 2025 that set a statewide minimum age of 21, require warning labels, and impose fines on sellers who break the rules. Kratom is not on New York’s controlled substance schedules, so simple possession by an adult carries no criminal penalty anywhere in the state. Local rules go further in a few places, and one county has banned sales outright.
What the Statewide Laws Do
Before December 2025, New York had no state-level kratom rules at all. Two laws changed that.
S4552A/A2340A makes it illegal to knowingly sell or provide kratom to anyone under 21. Retailers must also post a conspicuous sign, printed in red letters at least half an inch tall on a white card, stating that selling kratom to anyone under 21 is prohibited.1New York State Senate. Senate Bill S4552A – Prohibits the Sale of Kratom to Individuals Under the Age of Twenty-One A violation carries a civil penalty of up to $500 per offense.2New York State Government. Governor Hochul Signs Two Pieces of Landmark Legislation to Protect New Yorkers Against the Harmful Effects of Commercial Herbal Product Known as Kratom Because the penalty is civil rather than criminal, a violation alone won’t produce a jail sentence or a criminal record under the state law.
S8285/A5852A requires every kratom product sold in the state to carry a label listing all ingredients and a consumer warning that the product may be addictive and may interact with certain medications, drugs, and controlled substances.2New York State Government. Governor Hochul Signs Two Pieces of Landmark Legislation to Protect New Yorkers Against the Harmful Effects of Commercial Herbal Product Known as Kratom
What the state laws do not do is equally important. They do not restrict possession or personal use by adults 21 or older, and they do not make kratom a controlled substance.
Where Local Rules Go Further
New York’s home-rule tradition lets counties pass their own kratom regulations, and two on Long Island have done so.
Suffolk County
Suffolk County adopted a kratom ordinance in 2016, years before the state acted. The local law prohibits selling or distributing kratom to anyone under 21. A violation is an unclassified misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both.3Suffolk County, NY. Suffolk County, NY Sale of Kratom That is considerably harsher than the statewide $500 civil fine.
The Suffolk ordinance targets sellers and distributors. It does not criminalize possession by people under 21.
Nassau County
Nassau County went further. A bipartisan bill passed in March 2026 bans the sale and distribution of kratom products entirely, regardless of the buyer’s age. Violators face misdemeanor charges with a potential fine of up to $1,000, up to one year in jail, or both. Selling to a minor carries a higher fine, up to $1,500. If you live in or travel through Nassau County, kratom is effectively unavailable through legal retail channels.
Federal Rules That Affect What You Can Buy
Kratom is not a federally controlled substance. The DEA has taken no scheduling action against natural kratom in nearly a decade.
The FDA takes a different tack. It warns consumers against using kratom, citing risks of liver toxicity, seizures, and substance use disorder.4U.S. Food and Drug Administration. FDA and Kratom The agency also enforces Import Alert 54-15, which lets U.S. Customs and Border Protection detain kratom shipments without physical examination on the basis that kratom is a new dietary ingredient lacking adequate safety information.5U.S. Food and Drug Administration. Import Alert 54-15 The alert doesn’t make kratom illegal to possess in the United States, but it disrupts the supply of imported product.
In 2025 the FDA recommended that concentrated 7-hydroxymitragynine (7-OH) products be scheduled as controlled substances under the Controlled Substances Act. The agency drew a clear line between these concentrated products and natural kratom leaf, stating that the action is “not focused on natural kratom leaf products.”6U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers The DEA has final authority and must complete a rulemaking process with a public comment period before anything takes effect. If 7-OH products are eventually scheduled, possessing or selling concentrated 7-OH extracts in New York would carry federal controlled substance penalties.
Driving After Using Kratom
New York Vehicle and Traffic Law 1192 makes it illegal to operate a vehicle while your ability is impaired by the use of a drug, and it also covers impairment from any combination of drugs and alcohol.7New York State Senate. New York Vehicle and Traffic Law 1192 – Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs Whether kratom fits the statute’s definition of “drug” has not been clearly tested in court. The practical risk still matters: if an officer observes impaired driving and a drug recognition evaluation points to a substance affecting your ability to drive, the fact that kratom is not a controlled substance won’t automatically shield you from a charge.
What Could Change Next
Several versions of a Kratom Consumer Protection Act have been introduced in the 2025–2026 legislative session. The most detailed, Assembly Bill A8693, would require labels to list the amount per serving of mitragynine and 7-hydroxymitragynine, cap 7-hydroxymitragynine at no more than two percent of total alkaloids per container with a maximum of one milligram per serving, and ban synthetic or semi-synthetic kratom compounds outright.8New York State Senate. Assembly Bill A8693 – Enacts the New York State Kratom Consumer Protection Act The bill would also create a Department of Health vendor registration system and add a five percent excise tax on retail sales.
As of mid-2026, none of these bills have passed. Until they do, the current statewide framework, plus the Suffolk and Nassau County rules, defines what’s legal.