Is Kratom Legal in Michigan? 2026 Status, Age Limits and 7-OH

Last verified: October 27, 2026 against the Michigan Legislature bill pages for HB 5537 and HB 4969, MCL 333.7212 and 333.7214, the FDA 7-OH announcement and the DEA notice in the Federal Register

Is kratom legal in Michigan? For now, yes. You can buy kratom powder, capsules and drinks at smoke shops, gas stations and online, and no state law bars you from having it. That could change if the Michigan Senate takes up a House-passed ban.

The picture is different for 7-OH, a concentrated product made from kratom that has drawn federal action. This page explains the current Michigan rules, the pending bills, the federal 7-OH steps, and what penalties would apply if a ban becomes law.

Is kratom legal in Michigan right now?

Yes. Michigan has no law that makes kratom, the leaf of the plant Mitragyna speciosa, illegal to own, buy or sell. The two Public Health Code lists that cover the most restricted drugs, MCL 333.7212 (Schedule 1) and MCL 333.7214 (Schedule 2), do not name kratom, mitragynine or 7-hydroxymitragynine.

Michigan also has no kratom consumer protection act. That means no state license, no required lab testing and no statewide age limit written for kratom. The Michigan Department of Agriculture and Rural Development (MDARD) oversees food safety, but without a kratom law it has no kratom licensing program to run.

Is kratom banned in Michigan? What House Bill 5537 would do

Not yet. House Bill 5537 would ban it, but it is not law. Rep. Cam Cavitt introduced it on February 19, 2026, and the full House passed it 56-48 on March 18, 2026 with immediate effect.

The Senate received it on March 24, 2026 and referred it to the Government Operations Committee. As of October 27, 2026, the Legislature’s bill page shows no later action. The bill must pass the Senate and be signed by the governor to become law.

If enacted, it would add a new section, MCL 750.473a, to the Michigan Penal Code. It would bar growing, synthesizing, selling, giving, importing or distributing kratom or a synthetic variant. Kratom is defined as any product containing any part of the plant, including leaves, extracts and resin. The House Fiscal Agency analysis says the bill would take effect 90 days after enactment, and it exempts kratom the FDA approves as a drug, dietary supplement or food additive.

Is 7-OH legal in Michigan?

Yes, under current Michigan law, 7-OH is not specifically banned. 7-OH is short for 7-hydroxymitragynine, a compound found in tiny amounts in kratom leaf and also made in concentrated form for pills, tablets and shots. Some people search for it as 7oh, 70h or 7 hydroxy.

Michigan has not scheduled it, so a shop can still sell it at the state level. That is likely to change on the federal side. On July 29, 2025, the FDA recommended scheduling 7-OH products and said it was not focused on natural kratom leaf. On October 14, 2026, the DEA published a notice of intent to temporarily place 7-hydroxymitragynine, and a related compound called mitragynine pseudoindoxyl, above a set threshold in Schedule I of the Controlled Substances Act. The notice replaces an earlier July 2026 notice. It says the temporary order would be published on or after November 13, 2026, would last two years, and would not override stricter state law. As of this review, the order itself has not been confirmed as issued.

Under the DEA proposal, a product is covered when it has more than 1 milligram of 7-OH per gram (or per milliliter for liquids), or when the mitragynine-to-7-OH ratio is below 100. Products below those lines would not be covered, but the DEA says that does not mean it views them as safe. HB 5537 goes further than the DEA, because it names 7-OH as a banned synthetic variant.

Michigan kratom bills and timeline: 2024 to 2026

Michigan lawmakers have tried a regulate-and-label approach several times and, in 2026, switched to a ban. None of these bills has become law.

Date	Event	Source
2021-22 and 2023-24	Earlier regulation bills: HB 5477 (2021) passed the House 88-19 on May 25, 2022 and went to a Senate committee with no later action; HB 4061 (2023) was referred to the House Regulatory Reform Committee with no later action	Michigan Legislature
November 13, 2025	HB 4969 reported from the House Regulatory Reform Committee with a substitute; it would require a license, set label rules and cap 7-OH at 2% of the alkaloid fraction	Michigan Legislature
June 10, 2026	HB 4969 re-referred to the House Regulatory Reform Committee	Michigan Legislature
February 19, 2026	HB 5537 introduced to ban kratom	Michigan Legislature
March 18, 2026	House passes HB 5537, 56-48, with immediate effect	Roll Call 100
March 24, 2026	Senate refers HB 5537 to Government Operations	Michigan Legislature
October 14, 2026	DEA notice of intent to temporarily place 7-OH above a threshold in Schedule I, replacing a July 2026 notice; no order had issued as of this review	Federal Register

HB 4969 is the milder bill. It would require a license starting in 2027, bar sales to anyone under 21, and set civil or administrative fines of up to $500 for a first violation and up to $1,000 after that. It was reported from committee in November 2025 and re-referred to committee on June 10, 2026. The House instead moved HB 5537, the full ban.

What are the penalties if Michigan bans kratom?

Every violation under HB 5537 would be a misdemeanor, and a judge could impose a fine, jail time or both. These numbers are proposed, not current law.

Violation under HB 5537	Maximum fine	Maximum jail
First offense (grow, sell, give, import or distribute)	$5,000	90 days
Second or later offense	$10,000	180 days
Sale or gift to someone under 18	$10,000	1 year
Second or later sale or gift to someone under 18	$20,000	1 year

The bill’s text lists sellers and distributors. The House-passed text lists no separate possession offense, so read the final text if it moves in the Senate.

Can you drive after using kratom in Michigan?

No. Michigan’s drunk driving law, MCL 257.625, bars operating a vehicle while impaired by alcohol, a controlled substance or another intoxicating substance. Kratom can cause drowsiness, so police can still arrest an impaired driver.

A first offense is a misdemeanor with up to 93 days in jail under MCL 257.625(9)(a). Michigan has no set kratom blood level, so the case turns on impairment.

Myths vs. facts about kratom in Michigan

Myth	Fact
The 2026 ban is already law.	HB 5537 passed only the House. It is pending in the Senate and has not been signed.
Kratom and 7-OH are the same thing.	7-OH is one compound in kratom. The FDA and DEA are targeting concentrated 7-OH products, not plain leaf.
You must be 21 to buy kratom in Michigan.	No Michigan kratom law sets an age. Many shops choose 21 themselves.
A federal 7-OH rule overrides Michigan law.	The DEA notice says it does not preempt more restrictive state law, and Michigan has no 7-OH law today.
Kratom is a Schedule 1 drug in Michigan.	It does not appear in the Schedule 1 or Schedule 2 lists, MCL 333.7212 and 333.7214.

Are there local kratom rules in Michigan?

Kratom follows state law across Michigan, and we did not find a Detroit, Ann Arbor or other city ordinance that differs, though we could not check every city and township. Check with your local clerk if you plan to sell it.

How to stay safe and informed

• Check the Michigan Legislature website for the status of HB 5537 and HB 4969 before you buy in bulk.
• Ask a shop for a lab report that shows the 7-OH content.
• Do not drive after using kratom.
• Talk to your doctor before use if you take other medicines, and call the Michigan Poison Control Center line if you have a bad reaction.

Frequently asked questions

Is kratom illegal in Michigan?

No. Kratom is not illegal in Michigan today. It is not a controlled substance under state law, and adults can buy and use it. A House-passed bill, HB 5537, would make it a crime to sell or distribute it, but the Senate has not passed it, so it is not in force.

Is 7-OH banned in Michigan?

Not by Michigan law at this time. Michigan has no 7-OH statute, though HB 5537 would ban 7-OH as a synthetic variant if it becomes law. Federally, the DEA has announced its intent to schedule 7-OH products above a threshold, and its order cannot issue before November 13, 2026.

Is kratom legal in Michigan in 2026 after the House vote?

Yes. The March 18, 2026 House vote was only the first step. The Senate must also pass HB 5537, and the governor must sign it. The Legislature’s bill page shows it in the Senate Government Operations Committee since March 24, 2026.

Is the Kratom Consumer Protection Act law in Michigan?

No. The Michigan version, HB 4969, would require a license, set label rules, ban products with 7-OH above 2% of the alkaloids and add civil fines. It was reported from committee in November 2025, was re-referred to committee on June 10, 2026, and has not become law. Some other states have a similar act.

What would happen if HB 5537 becomes law?

Selling, giving or growing kratom would be a misdemeanor, with fines up to $5,000 and up to 90 days in jail for a first offense. Higher penalties would apply to repeat offenses and to sales to anyone under 18. It would take effect 90 days after enactment.

Can I buy kratom in Michigan if I am under 21?

State law sets no kratom age, so a store decides. Many require 21. If HB 5537 passes, giving or selling it to anyone under 18 would carry up to a $10,000 fine and a year in jail. Ask a licensed attorney about a specific situation.

Can I ship or carry kratom into Michigan from another state?

Michigan does not bar it today, but other states do. Check the law of any state where you buy or travel. If a Michigan ban passes, importing kratom would be covered by HB 5537 as written, so watch the bill before you order.

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