Governor Hochul Signs Two Pieces of Landmark Legislation to Protect New Yorkers Against the Harmful Effects of Commercial Herbal Product Known as Kratom

Legislation S4552A/A2340A Prohibits Sale of Kratom to Individuals Under the Age of 21, Imposes Civil Penalties for Violations

Legislation S8285/A5852A Requires Product Warning Label Requirements

Resources From New York State Department of Health Are Available for Clinicians Here and Consumers Here

Governor Kathy Hochul today signed two pieces of landmark legislation to protect New Yorkers from the harmful effects of kratom, a commercially available herbal product sold for recreational use. This comes amid a rise in concerns about the link to potential health risks. Legislation S4552A/A2340A amends public health law to prohibit the sale of kratom products to individuals under 21 years of age. Legislation S8285/A5852A requires any kratom product being manufactured, distributed or sold in New York State to include a consumer warning label.

“Kratom is a commercial substance that is commonly labeled an “all-natural herb”, leading people to believe it’s completely safe — but the reality is it can be extremely dangerous and unfortunately, in some cases, lethal,” Governor Hochul said. “No parent in New York should have to endure the loss of a child to a substance simply because they didn’t know what was in it. This legislation ensures transparency and strengthens our public health laws so that information about the ingredients and potential harmful risks associated with kratom are clear.”

Legislation S4552A/A2340A will prohibit sales of kratom to persons under the age of 21. Under this legislation, anyone selling kratom to individuals under 21 years of age can face a fine of up to $500 for each offense.

Legislation S8285/A5852A will require any kratom product to include a full list of ingredients as well as a consumer warning that the product may be addictive and may interact with certain medications, drugs and controlled substances.

Kratom is an herb from Southeast Asia that may be used for its stimulant and analgesic, pain relief, effects. The substance is often taken as an energy booster, mood lifter, pain reliever or recreationally. Some consumers also report using kratom to relieve symptoms of withdrawal from opioid. 

While kratom itself is not an opioid, when taken in larger quantities, it can act in a way similar to other opioids, leading to tolerance, physical dependence and withdrawal symptoms. In some rare cases, deaths have been associated with kratom use, though in these cases kratom was usually used in combination with other substances, including fentanyl, other synthetic opioids, benzodiazepines, stimulants, alcohol, anti-convulsants and other medications.

A minor natural component of kratom, 7-hydroxymitragynine (7-OH), can have a strong opioid effect when in concentrated form. Manufacturers have made synthetic 7-OH (which may be sold as 7-OH or added to kratom plant products) in substantially higher quantities than would be found in unadulterated kratom. Research about 7-OH and its potential association with dependence or overdose is ongoing. The New York State Department of Health began to specifically monitor 7-OH in June 2025. 

Office of Addiction Services and Supports Commissioner Dr. Chinazo Cunningham said, “Kratom can cause severe health problems, including in some cases, interactions with other substances that may lead to death. This legislation will protect children from the harmful effects of this substance, and will ensure that individuals know what is in the products they’re buying, allowing them to make informed decisions to keep themselves safe. With this legislation, Governor Hochul is taking an important step to safeguard the health of New Yorkers throughout the state.”

The State Department of Health has developed new resources providing background and safety information about kratom for New Yorkers and information about best clinical practices for clinicians.

Because kratom is not regulated at the federal level, nor approved by the U.S. Food and Drug Administration (FDA), the safety and efficacy of the product have not been established. New Yorkers are encouraged to contact Poison Control with a health concern linked to the use of kratom sold in the state, or call 911 in case of emergency.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369). Available addiction treatment including crisis/detox, inpatient, residential, or outpatient care can be found on the NYS OASAS website.