Kratom, Called 'Gas Station Heroin,' Remains Legal in Most States. Here's Where

A controversial herbal drug is back in the spotlight after authorities found it near two dead students at the University of Mississippi.

Ole Miss announced the deaths of the students, ages 18 and 20, on Sept. 22. Packaged kratom purchased from a retail store turned up during both investigations, the university said. Investigators have not confirmed whether kratom or another substance played a role in either death.

Kratom comes from the leaves of a tree native to Southeast Asia. According to the Drug Enforcement Administration, small doses can have a stimulant effect, while smoking or ingesting it can produce sedative effects. Repeated use can lead to dependence.

The substance first reached the United States in the late 1990s, but its use has grown in recent years as capsules and drinks containing kratom have become more common at gas stations, liquor stores, smoke shops, corner stores and online retailers. A recent Centers for Disease Control and Prevention review of National Poison Data System records found that reports of kratom exposure rose 1,200% between 2015 and 2025.

Even so, kratom is not classified under the federal Controlled Substances Act. The Food and Drug Administration has issued a blanket warning against consuming it, saying it has no approved use. That has left much of the rulemaking to states, cities and counties.

Kratom addiction: She thought it was just another energy drink. It took half her bodyweight and sent her to rehab.

In July 2025, Health and Human Services Secretary Robert F. Kennedy Jr. and then-FDA Commissioner Marty Makary announced a plan to begin the process of scheduling 7-Hydroxymitragynine, or 7-OH, as an illicit substance. The compound occurs naturally in the kratom plant but is also synthetically altered to become more potent.

That plan would still leave natural leaf products without synthetically enhanced 7-OH on the market. Those products are sometimes called 'gas station heroin.' In July 2026, the DEA moved to temporarily classify 7-OH as a controlled substance but noted that the action would not extend to the plant itself or other natural derivatives.

As local and state officials build a patchwork of rules, the legal status of kratom can depend on where you live—or even where you drive. The result is a confusing landscape for consumers, retailers and health officials, with some states banning the drug outright, others regulating it and some localities opting for restrictions even when their state allows sales.

Kratom is outright banned in 11 states. Several others have proposed legislation, while some allow sales with restrictions. In states such as Florida, kratom may be legal statewide but banned in certain communities.

Some states have adopted the Kratom Consumer Protection Act, a framework created by the American Kratom Association. The group offers a standard version that states can modify and adopt, with guidelines covering testing, labeling, manufacturing, distribution, sale, possession, age limits, fines and penalties.

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

Kratom is outright banned in:

• Alabama
• Arkansas
• Connecticut
• Indiana
• Kansas
• Louisiana
• Massachusetts
• North Dakota
• South Dakota
• Utah
• West Virginia

This article originally appeared on USA TODAY: 'Gas station heroin' kratom is still legal in most states. See where