Oklahoma’s Kratom Consumer Protection Act took effect on 1 November 2021. House Bill 1784 became chapter 500 of the 2021 session laws, and sections 1-1432.2 and 1-1432.4 have been amended twice since, by House Bill 3574 in 2024 and Senate Bill 891 in 2025, each effective on 1 November of its year. The other three sections still carry the 2021 enactment note alone.
It is not the first American statute of that name. Arizona’s is older: section 2 of Laws 2019, chapter 156 says the act “may be cited and known as the ‘Kratom Consumer Protection Act’”, and it was approved on 30 April 2019. Utah’s chapter was headed Kratom Consumer Protection Act from 14 May 2019 until it was renamed in 2026. What is unusual about Oklahoma’s is that the short title sits in the codified statutes, at section 1-1432.1, rather than in uncodified session law. Arizona’s short title is not in the Arizona Revised Statutes.
Kratom is not a controlled substance in Oklahoma. Possessing it is not an offence. Selling it is lawful if the product meets the statutory definition, carries the required label and is not sold to anyone under 18.
What counts as a kratom product
Oklahoma defines its terms more tightly than most states, and the definitions do the real work, because section 1-1432.4(A)(1) prohibits selling anything that falls outside them. The penalty for that is administrative rather than criminal in the first instance, which is set out below.
An alkaloid is a plant compound built around a nitrogen atom, and it is the class the active constituents of kratom belong to. Mitragynine and 7-hydroxymitragynine, usually written 7-OH, are the two the statute keeps naming. Our page on the kratom alkaloids sets out what the research says about each and at what evidence tier. Nothing on this page is a claim about pharmacology; it is a claim about what Oklahoma wrote down.
Total kratom alkaloids is defined at 1-1432.2(6) as the sum of five named compounds: mitragynine, speciociliatine, speciogynine, paynantheine and 7-hydroxymitragynine. Of the twelve state kratom laws we read for our survey of the Kratom Consumer Protection Acts, this is the only one that names the constituents of a denominator it sets a percentage against.
That is worth less than it first appears, because Oklahoma uses three different denominators and defines only one of them. Section 1-1432.2(5) uses “total kratom alkaloids”, which is defined. Section 1-1432.2(3) uses “total alkaloid content”, which is not. And the operative prohibition at section 1-1432.4(A)(3) uses “the alkaloid composition of the product”, which is not either. A percentage of an undefined total is hard to test against, and the defined term is not the one in the prohibition.
Kratom leaf at 1-1432.2(3) is the leaf, fresh or dried, that has undergone no post-harvest processing beyond drying or size reduction by cutting, milling or a similar procedure. It may be cleaned or sterilised using standard food treatments such as heat, steam, pressurisation or irradiation. The total alkaloid content of the leaf material used in a product may not exceed 3.5% on a dried weight-to-weight basis.
Kratom leaf extract at 1-1432.2(4) is material obtained by extracting kratom with water, ethanol or food-grade carbon dioxide, or any other solvent permitted by federal or state regulation for making a food ingredient. The extracted material must contain mitragynine as its most abundant alkaloid, by weight. An extract enriched so that 7-OH predominates is therefore not a kratom leaf extract under Oklahoma law.
Kratom product at 1-1432.2(5) is a food or dietary supplement consisting of or containing kratom leaf or kratom leaf extract, containing no synthesised kratom alkaloids, other synthesised kratom constituents or synthesised metabolites of any kratom constituent, in which 7-OH is not greater than 1% of the amount of total kratom alkaloids by percent weight, confirmed by high-performance liquid chromatography. The statute defines “synthesised” as produced using directed synthetic or biosynthetic chemistry, as opposed to traditional food preparation techniques such as heating or extracting.
Naming the analytical method in the statute is unusual. None of the other eleven statutes in our survey says how its ceiling is to be measured.
What a vendor may not sell
Section 1-1432.4(A) prohibits preparing, distributing, selling or exposing for sale:
- a product that does not meet the definition of a kratom product in section 1-1432.2;
- a product contaminated with a dangerous nonkratom substance, which the same paragraph defines as containing a substance that is not safe for human consumption;
- a product containing a level of 7-hydroxymitragynine in the alkaloid fraction greater than 1% of the alkaloid composition of the product;
- a product containing any synthesised alkaloid, including synthesised mitragynine, synthesised 7-OH or any other synthesised compounds of the kratom plant;
- a product containing any controlled substance listed in the Uniform Controlled Dangerous Substances Act, unless it was compounded by a licensed pharmacist and dispensed on a valid prescription; and
- a product containing a residual solvent used in manufacturing the extract at a level above the one specified for pharmaceutical products in the FDA guidance document Q3C - Tables and List, Guidance for Industry, [June 2017] ICH Revision 3.
The last of those is the limb most likely to be missed. It applies only to extracts, it is the only place in the Act that reaches manufacturing chemistry rather than the finished label, and it imports a pharmaceutical standard by reference.
The label
Section 1-1432.4(B) requires eight things on the label, which is more than any of the other eleven statutes in our survey asks for. Before sale, a product must carry:
- the ingredients, by common or usual name, in descending order of predominance;
- a statement that sale or transfer of kratom to a person under 18 is prohibited;
- the amount of total kratom alkaloids, mitragynine and 7-OH in the product;
- the amount of total kratom alkaloids, mitragynine and 7-OH in the packaging;
- the name and principal street address of the vendor or of the person responsible for distributing the product;
- federal food allergen labelling where it applies, and clear and adequate directions for consumption and safe and effective use, including the recommended serving size, the number of servings in the container and the number of servings that can safely be consumed in a day;
- precautionary statements as to safety and effectiveness, including a warning that the consumer should consult a health care professional about the use of kratom and that the product may be habit-forming; and
- the statement “These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
Liquid products get their own rule. They must be in a retail container with clear serving size markings. A liquid product of less than eight fluid ounces containing more than three servings must come with a calibrated measuring device. Products larger than eight fluid ounces are exempt from that requirement.
Separately, section 1-1432.3(A) requires a vendor to disclose the factual basis on which a product is represented to be kratom, on the label, on a website, or through a QR code on the label that links to a website. It bites on any food or product that contains kratom as an ingredient as well as on anything represented to be a kratom product, so it is wider than the label rules above. Subsection (B) separately prohibits selling anything that does not conform to that disclosure.
Testing on request
Section 1-1432.4(D) lets the State Department of Health ask a vendor for test results confirming what the label says. The results must come from a United States-based facility that is an independent testing laboratory as defined at 1-1432.2(2): one with no direct or indirect interest in the entity whose product is being tested, no direct or indirect interest in any facility that processes, distributes, dispenses or sells kratom products in Oklahoma or elsewhere, and national accreditation by an accrediting body as defined in section 150.37 of title 74.
There is no requirement to test before sale and no requirement to publish results. The obligation is triggered by a departmental request.
Age, and penalties
Section 1-1432.4(C) prohibits distributing, selling or exposing a kratom product for sale to anyone under 18. Of the twelve state laws in our survey, eight use 21 and four use 18. Oklahoma is in the smaller group, with Arizona, Nevada and Texas.
The penalties in section 1-1432.5 fall on the owner or manager of a vendor who breaches section 1-1432.3 or 1-1432.4, and they are administrative first, criminal only after a suspension is breached:
- first offence: an administrative penalty of not more than $500;
- second offence: not more than $1,000;
- third offence: the vendor is prohibited from selling kratom products for three years.
If the State Department of Health receives a complaint that a vendor is selling during the suspension, it forwards the information to the district attorney. Selling during the three-year period is a misdemeanour, punishable on conviction by up to one year in county jail, a fine of up to $2,000, or both.
A person aggrieved by a violation of either of those two sections may bring a civil action for damages, including economic, non-economic or consequential damages. And a vendor does not breach them if the court finds by a preponderance of the evidence that the vendor relied in good faith on a manufacturer’s, processor’s, packager’s or distributor’s representation that the product was a kratom product.
Kratom is not scheduled in Oklahoma
We read all five schedules, at 63 O.S. §§ 2-204, 2-206, 2-208, 2-210 and 2-212, rather than assuming it. No entry in any of them names kratom, Mitragyna speciosa, mitragynine or 7-hydroxymitragynine.
We ran two checks on Schedule I before relying on that absence. The list renders its substances, which heroin and the JWH synthetic cannabinoid series confirm. And it is current rather than a decades-old snapshot, which mephedrone and fluorofentanyl confirm. Each of Schedules II to V was render-checked separately against a substance it should contain.
Federal scheduling does not reach Oklahoma on its own
On 26 August 2026 the DEA published a temporary scheduling order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I, effective that day until 26 August 2028. They are not kratom leaf and they are not mitragynine or 7-hydroxymitragynine.
We read section 2-201, the authority to control, to find out what that does in Oklahoma. Nothing in it makes a federally scheduled substance automatically controlled here. Oklahoma’s schedules are statutory, and a substance enters them one of two ways: the Legislature amends the schedule, or the Board of Pharmacy classifies it by rule under section 2-201(B) after notice and a hearing, with the rule laid before the next regular session of the Legislature and remaining in force unless a concurrent resolution of disapproval is passed.
That is a real route and we have not searched the Board’s rules for a post-August 2026 addition. What we can say is that the three compounds are not in the statutory schedules, and that nothing puts them there on the strength of the federal order alone. Maryland works differently: its Criminal Law section 5-202(f)(1) makes a federal designation controlling unless the department objects.
How we checked this
We read all five sections of the Act as published by the Oklahoma State Courts Network, including the amendment history that dates the 2024 and 2025 changes, and all five controlled substances schedules in the versions currently in force. We read section 2-201 for how a substance enters those schedules, and section 2 of Arizona’s Laws 2019, chapter 156 as enrolled, to check the claim about which state named its act first.
If a later act changes any of this, write to editorial@wikikratom.com and we will update the page and credit the correction.