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Are Kava and Kratom Drinks Legal? (2026)

Varies by state

As of November 12, 2026, kratom is illegal in 10, restricted in 25, gray area in 1, legal in 15 and kava is restricted in 4, legal in 47 of 51 jurisdictions; a drink with both is covered by both rows. North Dakota, Rhode Island and Utah have a rule on file that bars the shot or drink form.

Source: the Kratom, Kava and 7-OH determination for each state.

A drink that contains both kava and kratom is covered by the kava determination and the kratom determination for the state. One with added or concentrated 7-OH is also covered by the 7-OH row. The list shows all three side by side.

Rules that change the answer for a shot or drink (18)

  • Proposed federal · Shots and drinks · Federal, Kratom
    The proposed DEA threshold order (FR Doc. 2026-20943, not before 2026-11-13) measures liquid preparations at more than 1 mg of 7-hydroxymitragynine (alone or with mitragynine pseudoindoxyl) per milliliter, against 1 mg per gram for solids, or a mitragynine to 7-OH mass ratio under 100. FR Doc. 2026-20943 (91 FR 65370), proposed 21 CFR 1308.11(h)(96)
  • Condition · Shots and drinks · Delaware, Kratom
    The definition of kratom product names liquid, shot and beverage forms, so the age 21 sale rule and the marketing and display limits reach them directly. 16 Del. C. ch. 30U (definitions)
  • Limit · Shots and drinks · Georgia, Kratom
    A kratom shot or drink must stay at or under 150 mg of mitragynine per serving, 1 mg of 7-hydroxymitragynine per serving and 0.5 mg of 7-hydroxymitragynine per gram. O.C.G.A. 16-13-122(b)
  • Limit · Shots and drinks · Mississippi, Kratom
    7-hydroxymitragynine may not exceed 1 percent of total kratom alkaloids or 0.5 mg per container, so the cap applies to a whole multi-serving bottle. Miss. HB 1077 (2025), sections 1 and 2
  • Barred in this form · Shots and drinks · North Dakota, Kratom
    A licensee may not sell a kratom product that contains kratom extract or is mixed with a nonkratom substance other than an inert encapsulating agent, so liquid kratom shots and drinks have no retail path; no license can issue until Attorney General rules are adopted. N.D. Cent. Code 51-38-04(1)(a)-(b), 51-38-06(4)
  • Condition · Shots and drinks · Oklahoma, Kratom
    Liquid kratom products must be in a retail container with clear serving size markings; a container under 8 fluid ounces holding more than three servings must come with a calibrated measuring device. 63 O.S. 1-1432.4(B)
  • Barred in this form · Shots and drinks · Rhode Island, Kratom
    A kratom product that is a conventional food or beverage, or is labeled as one, may not be prepared, distributed, sold, possessed or advertised. The per-serving limits (150 mg mitragynine, 1 mg 7-hydroxymitragynine) and 0.5 mg 7-hydroxymitragynine per gram also apply. R.I. Gen. Laws 21-28.12-3(a)(1), (10)
  • Barred in this form · Shots and drinks · Utah, Kratom
    Only pure leaf kratom may be sold: identifiable plant matter with no kratom extract and nothing mixed in except an inert encapsulating agent. A liquid kratom shot or drink is not pure leaf kratom. Utah Code 4-45-102(5), 4-45-104(1)
  • Barred in this form · Alcoholic drinks · Utah, Kratom
    Beer and heavy beer do not include a product that contains an additive masking or altering a physiological effect of alcohol, including kratom, so a kratom malt beverage cannot be sold as beer or heavy beer. Utah Code 32B-1-102(12)(c)(iii), (53)(c)(iii)
  • Limit · Shots and drinks · Virginia, Kratom
    7-hydroxymitragynine may not exceed 1 percent of total alkaloids in the container or 1 mg per serving. Kratom products that must be refrigerated may be stored in the same cooler as wine and beer under Alcoholic Beverage Control Authority rules. Va. Code 59.1-200(A)(77)
  • Condition · Shots and drinks · District of Columbia, Kava
    A microenterprise home kitchen may not prepare food products containing kava; licensed food establishments are not covered by this exclusion. D.C. Code 7-742.11(3)(E)
  • Condition · Shots and drinks · Hawaii, Kava
    The Department of Health recognizes as safe only noble 'awa root mixed with water or coconut water by aqueous extraction for a beverage. 'Awa may not be an ingredient of other conventional foods or beverages, and as a dietary ingredient it may be sold only as a packaged, labeled dietary supplement from an FDA-registered facility. HAR 11-29-8(a); Department of Health GRAS Determination for 'Awa (January 23, 2024)
  • Barred in this form · Alcoholic drinks · Utah, Kava
    Beer and heavy beer do not include a product that contains an additive masking or altering a physiological effect of alcohol, including kava. Non-alcoholic kava drinks are outside this rule. Utah Code 32B-1-102(12)(c)(iii), (53)(c)(iii)
  • Proposed federal · Shots and drinks · Federal, 7-OH
    The proposed DEA threshold order (FR Doc. 2026-20943, not before 2026-11-13) treats a liquid as containing controlled 7-OH above 1 mg per milliliter (7-OH alone or with mitragynine pseudoindoxyl), or when mitragynine is less than 100 times the 7-OH mass. FR Doc. 2026-20943 (91 FR 65370), proposed 21 CFR 1308.11(h)(96)
  • Limit · Shots and drinks · Georgia, 7-OH
    A 7-OH shot or drink may not exceed 1 mg of 7-hydroxymitragynine per serving or 0.5 mg per gram. O.C.G.A. 16-13-122(b)
  • Limit · Shots and drinks · Mississippi, 7-OH
    7-hydroxymitragynine may not exceed 0.5 mg per container or 1 percent of total kratom alkaloids, so a 7-OH shot cannot meet the cap. Miss. HB 1077 (2025), sections 1 and 2
  • Barred in this form · Shots and drinks · Rhode Island, 7-OH
    A kratom product that is a conventional food or beverage, or is labeled as one, may not be prepared, distributed, sold, possessed or advertised, whatever its 7-hydroxymitragynine content. R.I. Gen. Laws 21-28.12-3(a)(1)
  • Limit · Shots and drinks · Virginia, 7-OH
    7-hydroxymitragynine may not exceed 1 mg per serving or 1 percent of total alkaloids in the container. Va. Code 59.1-200(A)(77)

Kratom across the country

LegalRestrictedGray areaIllegalNot yet verified

State by state

The dot shows the strictest status among the compounds listed for that state. Each link opens the full law for that compound.

Federal

  • Kratom: Not federally scheduled. Kratom leaf and mitragynine: not federally scheduled; the proposed 7-OH threshold order (not before 2026-11-13) can reach 7-OH-enhanced extracts Federal detail
  • Kava: Not federally scheduled. Not federally controlled; sold under FDA dietary supplement and food law Federal detail
  • 7-OH: Not federally scheduled. 7-OH: not federally scheduled; DEA proposes temporary Schedule I above a threshold (FR 2026-20943), order not before 2026-11-13 Federal detail

Cite this page

Compound Analytics. "Are Kava and Kratom Drinks Legal? (2026)." Compound Laws, https://compoundlaws.com/kava-kratom-drinks/. Accessed November 13, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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