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Is Kratom Legal in Wisconsin?

No. Kratom is illegal in Wisconsin. Its two main alkaloids, mitragynine and 7-hydroxymitragynine, have been Schedule I controlled substances since 2013 Wisconsin Act 351 was published in April 2014. Making, distributing, delivering or possessing any product that contains them is a crime, so there is no lawful wholesale or retail market in the state.

Last verified . General information, not legal advice.

What changed recently

  1. 2013 Wisconsin Act 351 was enacted, adding mitragynine and 7-OH to Schedule I. It was published April 24, 2014. Under the default rule it took effect the next day, though that date was not separately confirmed.
  2. Legalization bills failed, according to WORT news.
  3. AB 393 was introduced to remove both alkaloids from Schedule I and create a regulated market. It never left committee.
  4. The official statutes, certified current through this date, still list both alkaloids in Schedule I.
  5. Federal: DEA published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a set threshold. It does not change Wisconsin's existing ban.

The Wisconsin rules in detail

What the Schedule I listing covers

Wis. Stat. 961.14(7) lists mitragynine and 7-hydroxymitragynine as Schedule I stimulants. The listing covers any material, compound, mixture or preparation with any quantity of either one, including salts and isomers. A plain leaf powder, an extract and a 7-OH product are all covered.

No age, label or testing rules

Wisconsin has no age limit, labeling rule, testing rule or seller license for kratom, because there is nothing lawful to regulate. A product that is lawful in another state is still a controlled substance once it is in Wisconsin. Compare other states on our kratom laws by state page.

Failed legalization efforts

AB 393 in 2023 would have taken both alkaloids off Schedule I. It proposed a 21+ age limit, a 1% cap on 7-OH in the alkaloid composition, a ban on synthetic alkaloids, content labeling, and DATCP product registration. It died in the Assembly State Affairs committee. The research did not confirm whether any 2025-26 bill was filed, but the statutes as of October 1, 2026 still list both alkaloids.

Enforcement and penalties

Kratom cases fall under the Uniform Controlled Substances Act, ch. 961. Under Wis. Stat. 961.41(1)(b), making, distributing or delivering a Schedule I nonnarcotic substance not covered by a more specific paragraph is a Class H felony. Possession is a misdemeanor under 961.41(3g)(b).

The research did not confirm the fine and prison ranges for those classes, or the rules on possession with intent to deliver and repeat offenses. Ask Wisconsin counsel about specific exposure.

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.

What this means for sellers

  1. Do not ship any kratom product to a Wisconsin address, including leaf, extracts and 7-OH products.
  2. Screen billing and shipping addresses so Wisconsin orders are blocked at checkout.
  3. Tell distributors and drop-ship partners that Wisconsin is excluded.
  4. Get Wisconsin counsel before any activity that touches the state, such as storage or transit.
  5. Recheck the statutes after each legislative session for any change to the Schedule I listing.

Kratom.One does not accept orders shipping to Wisconsin. If you sell in other states, tell us your ship-to states and we will review them before quoting.

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Wisconsin kratom law FAQ

Is kratom legal in Wisconsin?

No. Mitragynine and 7-hydroxymitragynine have been Schedule I controlled substances in Wisconsin since 2014, so kratom products cannot lawfully be sold or possessed.

Is 7-OH legal in Wisconsin?

No. 7-hydroxymitragynine is listed in Schedule I by name, in any quantity, whether natural or synthetic.

What is the penalty for selling kratom in Wisconsin?

Distributing or delivering it is a Class H felony under Wis. Stat. 961.41(1)(b), and possession is a misdemeanor. The research did not confirm the fine and prison ranges, so ask counsel.

Is Wisconsin going to legalize kratom?

Not soon, based on the record. Legalization bills failed in 2021-2022 and in 2023, and no 2025-26 bill was confirmed.

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
  • Whether any 2025-26 bill to legalize or regulate kratom was introduced.
  • The fine and prison ranges for a Class H felony and for the possession misdemeanor.
  • Whether the Controlled Substances Board has added mitragynine pseudoindoxyl or other kratom compounds.
  • Whether shipping carriers or online sellers have faced specific enforcement or Attorney General warnings.

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.