Kratom Regulations in Kentucky: What Cities Need to Know

As kratom products continue appearing in convenience stores, gas stations, and smoke shops across Kentucky, city officials are hearing growing concerns about youth access, safety, and the potency of certain extracts. While the issue is receiving increased attention at the state level, cities do not need to take any formal action because kratom is already regulated under state law.

Statewide Regulation Already in Place

In 2024, the Kentucky General Assembly enacted House Bill 293, now codified at KRS 217.2201–217.2209, which establishes statewide regulations for kratom products. These laws:

• Prohibit sales of kratom to anyone under age 21.
• Ban dangerous, adulterated, synthetic, or improperly labeled products.
• Set limits on 7-hydroxymitragynine (7-OH) concentrations.
• Require specific labeling, ingredient disclosures, warnings, and serving information.
• Impose civil penalties ranging from $500 to $1,000 for violations.
• These statutes place clear responsibility on processors and retailers to ensure products comply with state law.

New Action by the Beshear Administration

In November 2025, Governor Andy Beshear and the Cabinet for Health and Family Services (CHFS) announced plans to classify isolated or concentrated 7-OH as a Schedule I controlled substance under KRS Chapter 218A.

Once finalized, this means:

• Isolated or concentrated 7-OH will be illegal statewide.
• Only natural kratom products compliant with the state’s 2% 7-OH limit may remain on shelves.
• Enforcement authority will fall to state police, local law enforcement, CHFS, and prosecutors.
• Cities do not need to adopt any ordinance for this classification to apply; Schedule I designations are automatic under Kentucky law once the administrative regulation takes effect.

No Local Ordinance Required

Because kratom is regulated uniformly at the state level, and because the forthcoming Schedule I classification will also apply automatically, cities should not feel obligated to enact their own restrictions or licensing requirements.

There are:

• No local deadlines.
• No mandatory ordinances.
• No additional local compliance steps.

Cities may still field community concerns, but all enforcement authority is already established under state statutes.

Federal Context

The FDA has not approved kratom for any use, and while the DEA has previously evaluated scheduling kratom’s alkaloids, it has not taken final action. Under KRS 217.2204(3), if federal law becomes stricter, those rules will automatically supersede state provisions.

KLC will continue to monitor developments related to kratom and will provide updates as new information becomes available.