Kratom is legal to buy, possess, and use in New Hampshire. The state has not scheduled kratom or its active alkaloids as a controlled substance, and no statewide rules govern how it’s sold. The one exception is the city of Franklin, which banned kratom within city limits in 2019 and can fine violators up to $1,000.
What State Law Says
New Hampshire defines “controlled drugs” as substances scheduled under RSA 318-B:1-a.1New Hampshire General Court. New Hampshire Code 318-B – Definitions Kratom, mitragynine, and 7-hydroxymitragynine do not appear on any of the state’s drug schedules. Possessing or selling kratom carries no criminal penalty under state law.
There is also no statewide age limit on kratom purchases, no labeling requirement, no mandated purity testing, and no required disclosure of alkaloid content. At least 18 other states have passed some version of a Kratom Consumer Protection Act, with minimum purchase ages ranging from 18 to 21.2ASTHO. Kratom 101: What You Need to Know New Hampshire has not. The New Hampshire Bulletin reported in early 2026 that the state has “no laws governing the sale or distribution of kratom.”3New Hampshire Bulletin. Kratom is a widely available drug in New Hampshire and it’s not safe for human consumption
Practically, that means quality varies from vendor to vendor. If a seller publishes a current certificate of analysis from an independent lab, that’s the closest thing to a check on what you’re actually buying.
Franklin Is the Exception
Franklin is the only New Hampshire municipality that bans kratom outright. In August 2019, the City Council passed Ordinance 05-20, folding kratom into the existing prohibition on “illegal smoking products” alongside synthetic cannabinoids like K2 and Spice.4City of Franklin, New Hampshire. Ordinance 05-20 – Amendment to the Franklin Municipal Code Within city limits, it is illegal to use, possess, buy, sell, give away, or publicly display kratom.5eCode360. Chapter 254 Smoking Products – City of Franklin, NH
Violations fall under Franklin’s general penalty provision, ยง 1-16, which allows a fine of up to $1,000 per offense. Officers can also seize and destroy any kratom under the ordinance’s forfeiture clause.5eCode360. Chapter 254 Smoking Products – City of Franklin, NH The ban applies to anyone inside the city, not just residents, so driving through Franklin with kratom you bought legally elsewhere in the state still breaks the ordinance.
A Bill That Could Change This: SB 557
SB 557 was introduced in the 2026 legislative session and changed shape during the amendment process. As originally filed, it would have banned sales to anyone under 21 and set up basic sales regulations. The amended version takes a narrower aim: it would make synthetic and semisynthetic kratom illegal to prepare, sell, possess, or distribute, classifying those products as Schedule II controlled drugs. Natural kratom leaf products would stay legal.
If the amended version becomes law, concentrated lab-made alkaloids such as synthetic 7-hydroxymitragynine would carry criminal penalties in New Hampshire, while traditional leaf-based kratom would remain unregulated. The bill had not been enacted as of this writing.
Kratom and DWI
Legal to possess does not mean legal to drive on. New Hampshire’s impaired-driving statute reaches operation of a vehicle while under the influence of “any other chemical substance, natural or synthetic, which impairs a person’s ability to drive.”6New Hampshire General Court. New Hampshire Revised Statutes Section 265-A:2 – Driving or Operating Under Influence of Drugs or Liquor The substance does not need to be a controlled drug for the charge to stick. It only needs to impair your driving.
No standard roadside test exists for kratom, so these cases usually turn on a drug recognition expert’s evaluation and the officer’s observations of your behavior. The absence of a per se limit does not soften the charge. A kratom-based DWI carries the same penalties as any other DWI.
Federal Status and 7-OH
Kratom is not a federally scheduled controlled substance. The DEA announced its intent to place mitragynine and 7-hydroxymitragynine on Schedule I in 2016 but withdrew the proposal after public backlash, and kratom remains unscheduled federally as of 2026.2ASTHO. Kratom 101: What You Need to Know
The FDA takes a stricter view. It considers kratom an unsafe food additive and holds that kratom products cannot be lawfully marketed as dietary supplements, food additives, or drugs.7U.S. Food and Drug Administration. FDA and Kratom In 2025, the FDA issued warning letters to companies selling concentrated 7-hydroxymitragynine (7-OH) products and recommended the DEA schedule synthetic 7-OH under the Controlled Substances Act.8U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers The DEA is reviewing that recommendation through rulemaking, including a public comment period.9U.S. Food and Drug Administration. FDA Issues Warning Letters to Firms Marketing Products Containing 7-Hydroxymitragynine If synthetic 7-OH is scheduled, concentrated extract products would become illegal nationwide regardless of what New Hampshire does.
Taking Kratom Out of State
Kratom is not on the TSA’s prohibited items list, so flying out of Manchester-Boston Regional Airport or elsewhere in the state is not the problem. Keeping powder in its original labeled packaging helps avoid delays at screening.
The destination is where things get risky. Alabama, Arkansas, Indiana, Vermont, Wisconsin, and the District of Columbia treat kratom alkaloids as Schedule I controlled substances. Carrying kratom into any of those jurisdictions is a criminal offense no matter where you bought it. Check the laws at your destination and any layover state before packing it.