Is Kratom (Whole Leaf / Mitragynine) Legal in New Hampshire? (2026)

Instrument

Definitions (Controlled Drug Act) -- "Controlled drug analog" definition (subparagraph VI-a) and supporting "Substantially similar in chemical structure" definition (subparagraph XXXI-a)

Source

https://gc.nh.gov/rsa/html/XXX/318-B/318-B-1.htm

Retrieved

2026-07-02

Fingerprint

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318-B:1 Definitions. --

VI-a. (a) "Controlled drug analog" means a substance, however constituted, the chemical structure of which is derivative of, or substantially similar to that of a controlled drug and:

(1) Which has been shown in laboratory studies to bind with and activate the same central nervous receptors that are responsible for the psychoactive effects of a certain controlled drug or controlled drug class; or

(2) With respect to a particular person, which such person represents or intends to have similar psychoactive effects on the central nervous system as a controlled drug.

(b) "Controlled drug analog" shall not include:

(1) A controlled drug;

(2) Any substance for which there is an approved new drug application;

(3) With respect to a particular person, any substance, if an exemption is in effect for investigational use for that person under 21 U.S.C. section 355, to the extent conduct with respect to the substance is pursuant to such an exemption; or

(4) Any compound, mixture, or preparation that contains any controlled drug or controlled drug analog that is not for administration to a human being or animal, and that is packaged in such a form or concentration, or with adulterants or denaturants so that, as packaged, it does not present any significant potential for abuse.

XXXI-a. "Substantially similar in chemical structure" means that the substance in question shares a common core structure with a controlled drug, meaning that the "backbone" of the molecule is the same, and has no more than 2 points of divergence (additions, deletions, or substitutions) from the controlled drug, which may consist of a single atom or a functional group or some combination thereof. Functional groups are further defined as alkyl, alkenyl, alkynyl, ring structures (either homocyclic or heterocyclic, with or without additional attached functional groups), organic halides, alkoxy, alcohol, ether, amine, aldehyde, ketone, carboxylic acid, ester, amide, nitrile, nitro, sulfide, thiene, thioester, or thiol.