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How to buy wholesale kratom

Is Kratom Legal in New Mexico?

Yes, with limits. New Mexico has no kratom statute or age limit, and kratom and 7-OH are not on the state's controlled-substance schedule. Since December 18, 2025, though, the Environment Department treats any food or beverage that contains kratom as adulterated and bars it at state-permitted food establishments. No kratom bill was filed in the 2025 or 2026 sessions.

Last verified . General information, not legal advice.

What changed recently

  1. Latest amendment to the Board of Pharmacy Schedule I rule (16.19.20.65 NMAC). It lists no kratom, mitragynine or 7-OH.
  2. One secondary source says Albuquerque banned retail kratom sales and seized more than 5,400 products. City records were not found.
  3. The same secondary source says Attorney General Raul Torrez issued a kratom warning. Not confirmed.
  4. NMED and the Department of Health said kratom may not be used in any food or beverage produced, prepared or sold at state-permitted food establishments, effective at once.
  5. No bill mentioning kratom, mitragynine or 7-OH was filed in the 30-day regular session, nor in the 2025 regular or special sessions.
  6. Federal: DEA temporarily placed MP, MGM-15 and MGM-16 in Schedule I.

The New Mexico rules in detail

No state kratom statute

New Mexico has no law on kratom age, labels, testing or alkaloid limits. The Board of Pharmacy Schedule I rule does not list kratom, mitragynine or 7-OH. Any future scheduling would come from the Board of Pharmacy or the Legislature.

Kratom in food and beverages

The Environment Department says kratom is not an approved food ingredient, so any food that contains it is adulterated. Every NMED-permitted food facility had to stop using kratom in food or drinks at once and throw out what it had left. The release names shots and liquids, gummies, drink mixes and vapes as common kratom products.

The release does not say whether the rule reaches packaged powders or capsules sold by retailers that hold no food permit. That is an open question, so ask counsel before placing any product with a food-permitted customer.

7-OH and synthetic compounds

New Mexico has no 7-OH rule of its own. The NMED release notes that the FDA treats kratom, including 7-OH, as an unsafe food additive. Whether New Mexico follows federal scheduling of MP, MGM-15 and MGM-16 on its own was not confirmed.

What could change

The next regular session is a 60-day session starting in January 2027. Watch for bills there and for any Board of Pharmacy rule on 7-OH.

Local rules inside New Mexico

State law is not the whole picture. Cities and counties can add their own rules, and some already have.

  • Albuquerque. A secondary source says the city banned retail kratom sales in October 2025 and seized more than 5,400 products, citing no record. It is unclear whether this was an ordinance, a food-permit action or a retail ban. Confirm with the city before shipping there.

Enforcement and penalties

NMED’s Food Program enforces the food and beverage ban. Permitted food facilities that keep using kratom face escalating enforcement, up to criminal prosecution, according to the release. It gives no penalty amounts, and the research could not confirm any, so ask New Mexico counsel.

Federal context

Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.

Wholesale buyer checklist for New Mexico

  1. Do not sell kratom shots, gummies, drink mixes or other food-form products to New Mexico food establishments.
  2. Ask each New Mexico buyer whether it holds an NMED food permit before quoting.
  3. Get counsel's view on whether packaged powder or capsules can go to food-permitted retailers.
  4. Confirm Albuquerque's current rule before shipping to any Albuquerque address.
  5. Keep a 21+ sales policy even though the state sets no age limit.
  6. Watch the January 2027 session and Board of Pharmacy notices for 7-OH action.

Tell us your products, quantities and ship-to state and we will review the New Mexico rules against your order before we quote.

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New Mexico kratom law FAQ

Is kratom legal in New Mexico?

Yes, with limits. There is no kratom statute, but kratom may not be used in any food or beverage at a state-permitted food establishment since December 18, 2025.

What is the minimum age to buy kratom in New Mexico?

There is no statewide minimum age for kratom.

Can I sell kratom gummies or drinks in New Mexico?

Not to state-permitted food establishments. NMED treats any food or beverage with kratom as adulterated and named shots, gummies and drink mixes in its release.

Does New Mexico limit 7-OH?

No. 7-OH is not on the state's Schedule I, and no 7-OH bill was filed in 2025 or 2026.

Did Albuquerque ban kratom?

A secondary source says so, from October 2025, but city records were not found. Confirm with the city before shipping there.

How we verified this page

We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.

What we have not confirmed yet
  • What Albuquerque did in October 2025, whether it was an ordinance, a food-permit action or a retail ban, and whether it still applies.
  • The Attorney General's reported November 2025 kratom warning.
  • Whether NMED applies the food ban to retail sales of packaged powders and capsules.
  • Whether the Board of Pharmacy has any pending or emergency rule on 7-OH or MP and MGM compounds, and whether New Mexico follows federal scheduling on its own.
  • Whether Las Cruces, Santa Fe, Rio Rancho or other cities have kratom rules.

This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Sold to businesses and adults 21 and over only. We do not ship to states or localities where sale is prohibited.