Controversial drug kratom is still legal in most states. See where

A controversial herbal drug is making headlines again after police initially said they found it near two dead students at the University of Mississippi.

Ole Miss announced the deaths of the students, aged 18 and 20, on Sept. 22, saying that packages of kratom products purchased from a retail store were found during both investigations but that they had not determined if it played a role. Authorities later issued a statement clarifying the involvement of kratom on Sept. 30, in which the Lafayette Country Metro Narcotics divisions said that what it actually found was SMAX pseudo-DHM tablets, which contain the already illegal manufactured opioid compounds mitragynine pseudoindoxyl and MGM-15.

These are not natural kratom derivatives, but synthetic ones that contains altered, highly concentrated "kratom-related substance." These tablets are created by taking some of the naturally occurring organic compounds from the kratom plant and altering them to make them much more potent than the plant itself and natural products made from it could ever be.

"The conversation surrounding these deaths has brought renewed attention to an important distinction between traditional botanical kratom and manufactured, concentrated or chemically altered kratom-related products," the statement said.

Two arrests have since been made during which police seized large amounts of illicit substances from an Oxford, Mississippi tobacco shop.

Kratom, an herbal substance extracted from the leaves of a tree native to Southeast Asia, has a stimulant effect when consumed in small doses and a sedative effect when smoked or ingested, according to the Drug Enforcement Administration. Repeated use can lead to dependence, as previously reported by USA TODAY. Because there are many ways in which it can ingested and altered, synthetic and natural forms often get swept up under the umbrella term of simply "kratom."

Though it first hit the United States in the late 90s, kratom use has increased nationally in recent years, as capsules and drinks that contain synthetic, altered or enhanced versions of it have become more widely available at easy-to-access locations like gas stations, liquor stores, smoke shops, corner stores and online. A recent Centers for Disease Control and Prevention analysis of data from the National Poison Data System, for example, found that reports of kratom exposure jumped 1,200% between 2015 and 2025.

Even so, kratom as a broad category is not classified under the federal Controlled Substances Act. The Food and Drug Administration has issued a blanket warning against consuming kratom, but legislation has largely been left up to the states.

Health and Human Services Secretary Robert F. Kennedy Jr. and then-FDA Commissioner Marty Makary announced in July 2025 a plan to initiate the process to have 7-Hydroxymitragynine − or 7-OH, a compound naturally occurring in the kratom plant that is synthetically altered to become more potent and sometimes called "gas station heroin," scheduled as an illicit substance.

Under this plan, the natural leaf products without synthetically enhanced or altered components would remain available. In July 2026, the DEA moved to temporarily classify 7-OH and three other kratom-derived compounds (including mitragynine pseudoindoxyl and MGM-15) as controlled substances, but noted this would not extend to the plant itself or other natural derivatives.

As towns, counties and states work to create a patchwork of regulations, here’s what to know about kratom in your state – including whether it's banned, legal or regulated.

Where kratom is banned, legal: See map

Kratom products are only outright banned in 11 states. Several others have proposed legislation on the books, while some allow its sale but with restrictions and regulations in place. In some states, like Florida, it may be legal on the state level but banned locally.

Some states have adopted the Kratom Consumer Protection Act, a set of regulations created by the American Kratom Association. The AKA put out a standard version of the act, which states can then modify and adopt, with guidelines on kratom’s testing and labeling, manufacturing, distribution, sale, possession, age limits and fines/penalties.

Most versions of the act include age limits of 18 or 21, ingredient and labeling disclosure mandates, bans on mixing kratom with other substances, mandatory lab testing, packaging requirements and strength limits.

Kratom is outright banned in:

• Alabama
• Arkansas
• Connecticut
• Indiana
• Kansas
• Lousiana
• Masshachusetts
• North Dakota
• South Dakota
• Vermont
• West Virginia

This story has been updated to add new information and clarify the difference between natural and synthetic kratom products.