New York's 7-OH Bill – A Narrow Limit, Not a Ban
In late June 2026, the New York Legislature passed a bill targeting high-concentration 7-hydroxymitragynine (7-OH) products. The bill now awaits Governor Hochul's signature. If signed into law, it would:
- Prohibit the sale of products containing more than 2% 7-OH of total alkaloids or more than 1 mg of 7-OH per serving.
- Apply to any substance, extract, mixture, or finished product that exceeds those limits.
- Establish civil penalties for businesses that knowingly violate the law – up to $500 for a first violation and up to $1,000 for each subsequent violation, with funds directed to New York's Drug Treatment and Public Education Fund.
This is not a ban on kratom. It does not schedule kratom or 7-OH as controlled substances. It does not prohibit possession by consumers. It does not ban the vast majority of kratom products – only those exceeding the statutory 7-OH thresholds. Retailers can continue selling kratom powders, capsules, and extracts as long as they stay at or below 2% 7-OH and 1 mg per serving.
Why the 7-OH Bill Is a Dangerous Failure
- It does not ban kratom. The bill only targets high-concentration 7-OH products. The vast majority of kratom products – powders, capsules, and extracts – remain completely legal. Gas stations and vape shops will continue selling kratom as before.
- The 2% and 1 mg limits are arbitrary and unenforceable. There is no field test for 7-hydroxymitragynine. Law enforcement cannot verify compliance at the point of sale. Determining the limits requires expensive laboratory analysis that is not available to local police. The limits are political numbers, not real-world safety standards.
- No mandatory testing for lead, ethanol, or contaminants. Independent labs have repeatedly found lead at unsafe levels and ethanol concentrations as high as 15-16% in liquid extracts – legally alcoholic. The 7-OH bill does not require testing for heavy metals, residual solvents, or biological contaminants. A product could be perfectly compliant with the 7-OH limits and still poison consumers.
- It creates a dangerous loophole for high-mitragynine products. Because the bill regulates 7-OH concentration rather than total mitragynine content, manufacturers can formulate high-mitragynine products that comply with the numerical limits. Mitragynine itself is a potent opioid agonist with high abuse potential. This bill does nothing to limit mitragynine exposure.
- It legitimizes an FDA-disputed substance. The FDA has repeatedly stated that kratom is not lawfully marketed as a dietary supplement and has no approved medical use. By creating a state-sanctioned regulatory pathway for compliant products, the bill gives kratom a government seal of approval, confusing consumers who assume "regulated" means "safe."
- Civil penalties are meaningless. Fines of $500 to $1,000 per violation are trivial for an industry generating millions in revenue. There is no criminal penalty, no product seizure authority, and no meaningful enforcement mechanism. The bill is a paper tiger.
- It does nothing to address addiction or overdose. The bill does not reduce access to kratom. It does not prevent addiction, withdrawal, or overdose. It simply moves the industry toward products that comply with the arbitrary limits while leaving the core public health crisis untouched.
Bottom line: The 7-OH bill is not public health policy. It is an industry-friendly trap designed to create the appearance of action while leaving kratom on shelves. The only honest answer is to reject this half-measure and instead pass a full Schedule I ban.
The Only Answer: Reject Half-Measures, Pass a Full Schedule I Ban
New York should not regulate kratom with arbitrary limits and civil fines. It should prohibit it – plain and simple. A full Schedule I ban removes kratom from every gas station, vape shop, and online retailer. No unenforceable caps, no false warnings, no loopholes for high-mitragynine products.
What to demand: "Reject the 7-OH bill and instead pass legislation that places all kratom alkaloids – mitragynine, 7-hydroxymitragynine, and all derivatives – under Schedule I. No exemptions, no caps, no civil penalties. Only a complete prohibition protects New York families."
If the legislature wants to address kratom, it must do so by ending its sale entirely – not by adding a cap that the industry can easily circumvent.
New York Organizations & Stakeholders – Build the Coalition for a Full Ban
Below are key New York groups that can influence kratom policy. For each category, we explain why they matter and what to ask when you reach out. Use the contact links to start the conversation.
Law Enforcement & Public Safety
Why they matter: No field test means any law short of a full ban is nearly impossible to enforce. Law enforcement can explain to legislators why the 7-OH bill is unenforceable and why a full ban is the only workable solution.
What to ask: "Will you support a full ban on all kratom products and oppose the 7-OH bill? Can you testify that the absence of a field test makes any cap-based law unenforceable?"
New York State Office of the Attorney Generalag.ny.gov
Health, Poison Control & Substance Use
Why they matter: The Department of Health, Office of Addiction Services and Supports, and Poison Centers track substance use, poisoning data, and treatment needs. Their analysis can quantify the burden of kratom and justify a ban.
What to ask: "Will you collect and publish data on kratom-related emergency visits and poisonings? Will you support a full ban?"
New York State Office of Addiction Services and Supportsoasas.ny.gov
Pharmacy
Why they matter: Pharmacists, the Board of Pharmacy, and pharmacy schools have direct knowledge of product safety, contamination risks, and the limitations of self-regulation. They can advocate for a full ban.
What to ask: "Will your organization issue a public statement opposing the 7-OH bill and supporting a full statewide ban on kratom? Will you provide data on adverse events or poisoning calls?"
Pharmacists Society of the State of New Yorkpssny.org
New York State Council of Health-System Pharmacistsnyschp.org
Albany College of Pharmacy and Health Sciencesacphs.edu
Medical & Hospital Associations
Why they matter: Physicians, pediatricians, nurses, and hospitals see kratom's harms firsthand. Their public statements carry significant weight with legislators.
What to ask: "Will your organization issue a public statement supporting a full statewide ban on kratom? Will you share data on kratom-related ER visits or poisonings?"
New York State Chapter — American Academy of Pediatricsnysaap.org
Healthcare Association of New York Statehanys.org
Behavioral Health & Recovery Networks
Why they matter: These providers see the real-world consequences of kratom dependence – withdrawal, failed treatment attempts, and relapse. Their testimony can illustrate the addictive nature of kratom.
What to ask: "Will you support a full ban and provide testimony or written comments about the burden of kratom addiction on your programs?"
Alcoholism and Substance Abuse Providers of New York Stateasapnys.org
Contact Your Legislators and Governor – Veto the 7-OH Bill, Pass a Full Ban
Use the templates below to demand that Governor Hochul veto the 7-OH bill and that the legislature pass a full Schedule I ban instead.
Email Template – Governor Hochul
Subject: Veto the 7-OH bill – New York needs a full kratom ban
"Dear Governor Hochul,
I urge you to veto the 7-hydroxymitragynine bill currently awaiting your signature. This bill does not ban kratom – it creates a regulatory framework that leaves an unregulated opioid on gas station shelves. The 2% and 1 mg limits are unenforceable – there is no field test. Law enforcement cannot verify compliance. The bill does not require testing for lead or ethanol. It does nothing to protect New York families from the dangers of kratom.
Independent labs have found lead and ethanol in popular kratom products. The FDA has warned that kratom has no approved medical use. Only a full Schedule I ban – not a cap-and-fine approach – will remove this poison from our communities.
Please veto the 7-OH bill and instead work with the legislature to pass a complete Schedule I ban on all kratom alkaloids.
Thank you."
Email Template – State Legislators
Subject: The 7-OH bill is not enough – Pass a full Schedule I ban on kratom
"Dear Representative/Senator,
I am a constituent in [YOUR DISTRICT]. I urge you to reject the 7-OH bill and instead support a full Schedule I ban on all kratom products. The 7-OH bill does not ban kratom – it leaves the vast majority of products legal, with unenforceable limits that the industry can easily circumvent. It does not require testing for lead or ethanol. It does nothing to reduce addiction, poisonings, or deaths.
Independent labs have found lead and ethanol in popular kratom products. The FDA has warned that kratom has no approved medical use.
Please support legislation that places all kratom alkaloids under Schedule I – a complete ban. No caps, no exemptions. Only a full ban protects our communities.
Thank you."
Call Script for Stakeholder Outreach
When calling any of the above organizations:
"Hello, my name is [NAME] and I'm a concerned resident of New York. I'm calling to ask your organization to support a full ban on kratom and to oppose the 7-OH bill. The 7-OH bill is unenforceable – there is no field test for the limits – and it leaves the vast majority of kratom products legal. Will your organization issue a public statement or contact the Governor to support a full ban? Thank you."