Yes, kratom is legal in most of New Hampshire because the state has no kratom statute. Two 2026 bills that would have banned synthetic and semisynthetic kratom died on May 21, 2026. Local law fills the gap: the City of Franklin bans use, possession and sale of kratom, and Nashua bans selling kratom or 7-OH products to anyone under 21.
Last verified . General information, not legal advice.
What changed recently
- Franklin added mitragynine and kratom to its city ban on illegal smoking substances (City Code ch. 254).
- Nashua adopted Ord. O-25-051, barring sales of kratom and mitragynine or 7-OH products to anyone under 21.
- The Senate passed SB 557 as a ban on synthetic and semisynthetic kratom, which would have been placed in Schedule II.
- The House passed a different version of SB 557 by 176-157. The same day the Senate added the synthetic kratom ban to HB 1423.
- Each chamber refused the other's version. No committee of conference was requested, so both bills died.
- Federal: DEA temporarily placed MP, MGM-15 and MGM-16 in Schedule I.
The New Hampshire rules in detail
No state kratom statute
New Hampshire has no state law on kratom age, labels, testing, alkaloid limits or licensing. Kratom and 7-OH were not found on the state controlled-substance schedules under RSA 318-B. The research relied partly on secondary sources for this, and 2025 bills were not checked.
What the failed 2026 bills tried to do
The Senate version of SB 557 would have banned making, selling, possessing or advertising synthetic or semisynthetic kratom and listed it in Schedule II. The House version took a different path. Per secondary summaries, it barred liquor licensees from selling kratom, and NHPR reported a House plan to bar kratom with more than 1,000 ppm 7-OH by dry weight. The exact final House text was not read. Gov. Kelly Ayotte had said she supports more regulation, so expect new bills in 2027.
Nashua: no sales under 21
Within Nashua city limits, it is unlawful to sell, offer, give away, deliver or publicly display for sale kratom or products with mitragynine or 7-OH to anyone under 21 (City Code s. 225-6). The rule covers 7-OH products by name.
Franklin: full ban
Franklin lists “Mitragynine or Kratom (Mitragyna speciosa)” among banned smoking substances. Using, possessing, buying, selling, offering, giving away, delivering or displaying it for sale is unlawful, and the substances can be forfeited. Treat Franklin as a no-ship city.
Local rules inside New Hampshire
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- Franklin. City Code ch. 254 bans use, possession, purchase and sale of kratom and mitragynine, in effect since August 2019. The general penalty in s. 1-16 applies, plus forfeiture. The penalty amount was not confirmed.
- Nashua. City Code s. 225-6 (Ord. O-25-051, adopted September 9, 2025) bars sales, gifts, delivery or display for sale of kratom or mitragynine and 7-OH products to anyone under 21. A separate effective date and penalty were not confirmed.
Enforcement and penalties
No state agency enforces kratom rules because there is no state law. Franklin and Nashua enforce their own ordinances, but the research did not confirm which city office handles it. The research also could not confirm penalty amounts in either city, so ask New Hampshire counsel before you sell into either one.
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 Hampshire
- Block all shipments to Franklin addresses.
- Gate every Nashua order at 21 and over, including 7-OH products.
- Set a 21+ policy statewide so one rule covers both the state and Nashua.
- Check other city and town codes for each ship-to address; only two were reviewed.
- Avoid synthetic or semisynthetic 7-OH lines that the 2026 bills targeted.
- Watch for new kratom bill requests filed for the 2027 session.
Tell us your products, quantities and ship-to state and we will review the New Hampshire rules against your order before we quote.
New Hampshire kratom law FAQ
Is kratom legal in New Hampshire?
Yes in most places. The state has no kratom law, but the City of Franklin bans kratom outright and Nashua bars sales to anyone under 21.
What is the minimum age to buy kratom in New Hampshire?
There is no statewide age limit. In Nashua the minimum age is 21, and Franklin does not allow sales at any age.
Does New Hampshire limit 7-OH?
Not at the state level. Nashua's under-21 rule names 7-OH products, and a 2026 House plan to cap 7-OH did not pass.
What happened to New Hampshire's 2026 kratom bills?
SB 557 and HB 1423 both carried a synthetic kratom ban. They died on May 21, 2026 when the two chambers could not agree and no conference was requested.
Can a New Hampshire city ban kratom?
Yes. Franklin has banned use, possession and sale since 2019, and Nashua set a 21+ sales rule in 2025.
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.
- NH General Court bill status, SB 557 (2026)
- HB 1423-FN as amended by the Senate 05/14/2026
- Nashua City Code s. 225-6 (eCode360)
- Franklin City Code ch. 254 (eCode360)
- NH Bulletin: bills killed between chambers (May 25, 2026)
- NHPR: NH lawmakers look to regulate potency of kratom (May 6, 2026)
What we have not confirmed yet
- Whether any 2025 New Hampshire kratom bill existed or passed.
- Whether New Hampshire automatically follows federal temporary scheduling of MP, MGM-15 and MGM-16.
- The exact final House text of SB 557 (amendment 2026-1971h).
- Franklin's penalty amount and Nashua's penalty and effective date.
- Whether other towns or cities have kratom ordinances.
- Any 2027 session bill requests on kratom or 7-OH.
Related state pages and guides
- Kratom laws in Vermont: Banned
- Kratom laws in Maine: Legal, no state kratom law
- Kratom laws in Massachusetts: Banned (emergency order)
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
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.